[Code 1974, § 83-6.1]
(a)
It is recognized that there exists within the districts established
by this chapter and subsequent amendments uses of land, structures,
and uses of land and structures together which were lawful before
this chapter was passed or amended which would be prohibited, regulated,
or restricted under the terms of this chapter or future amendments,
herein referred to as nonconformities.
(b)
It is the intent of this chapter to permit legal nonconforming lots,
structures, or uses to continue until they are removed or abandoned
but not to encourage their continuance.
(c)
Such nonconformities are declared by this chapter to be incompatible
with permitted uses in the districts involved. The regulations in
this division are designed to ensure that such nonconformities are
properly regulated so as to minimize disharmony with the uses and
structures in conformance with this chapter. It is further the intent
of this chapter that nonconformities shall not be enlarged upon, expanded
or extended, except as set forth herein, nor be used as grounds for
adding other structures or uses prohibited elsewhere in the same district.
(d)
To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in the plans, construction, or designated use
of any building on which actual construction was lawfully begun in
reliance upon a validly issued building permit prior to the effective
date of adoption or amendment of this chapter and upon which actual
building construction has been diligently carried on. Actual construction
is hereby defined to include the placing of construction materials
in permanent position and fastened in a permanent manner.
[Code 1974, § 83-6.2]
Where, at the effective date of adoption or amendment of this
chapter, a formerly lawful use of land exists that is prohibited under
the terms of this chapter as enacted or amended, such use may be continued,
so long as it remains otherwise lawful, subject to the following provisions:
(1)
No nonconforming use of land shall be enlarged or increased or extended
to occupy a greater area of land than was occupied at the effective
date of adoption or amendment of this chapter.
(2)
No such nonconforming use of land shall be moved in whole or in part
to any other portion of the lot or parcel occupied by such use at
the effective date of adoption or amendment of this chapter.
(3)
A nonconforming use of land shall not be extended or enlarged after
passage of this chapter by addition of other uses that are not permitted
in the district involved.
(4)
If a nonconforming use of land ceases for any reason for a period
of three consecutive months, or for nine months during any three-year
period, any subsequent use of such land shall conform to the regulations
specified by this chapter for the district in which such land is located.
[Code 1974, § 83-6.3]
Where a lawful structure exists at the effective date of adoption
or amendment of this chapter that would be prohibited under the terms
of this chapter, as adopted or amended, by reason of restrictions
on building area, lot coverage, height, yards, or other characteristics
of the structure or its location on the lot, such structure may be
continued so long as it remains otherwise lawful, subject to the following
provisions:
(1)
Nonconforming single-family structures may be altered, expanded,
or modernized without prior approval of the Zoning Board of Appeals;
provided, that such structural alteration or extension shall not increase
the extent of the nonconformity and shall satisfy all other applicable
site development regulations.
(2)
Nonconforming structures, other than single-family structures, may
be altered, expanded, or modernized without prior approval of the
Zoning Board of Appeals; provided, that structural alterations or
extensions shall not increase the area, height, bulk, use, or extent
of the structure and shall satisfy all other applicable site development
regulations.
(3)
If a nonconforming structure is destroyed by any means to an extent
of more than 50% of its replacement costs, exclusive of the foundation,
it may be reconstructed only in conformity with the provisions of
this chapter. The estimated cost of reconstruction shall be determined
by a Chief Building Inspector. Persons aggrieved by the determination
of estimated replacement cost by the Chief Building Inspector may
appeal such determination to the Zoning Board of Appeals.
(4)
If a nonconforming structure is moved for any reason for any distance
whatever, it shall thereafter conform to the regulations for the district
in which it is located after it is moved.
[Code 1974, § 83-6.4]
If a lawful use of a structure or structure and land in combination
exists at the effective date of adoption or amendment of this chapter
that would be prohibited in the district under the terms of this chapter,
as adopted or amended, the formerly lawful use may be continued so
long as it remains otherwise lawful, subject to the following provisions:
(1)
No existing structure devoted to a nonconforming use may be enlarged,
extended, constructed, reconstructed, moved, or structurally altered
unless the use of the structure is changed to a use permitted in the
district in which it is located.
(2)
The portion of a structure occupied by a nonconforming use shall
not be increased, expanded, or enlarged, nor shall any additional
nonconforming uses be added to the existing nonconforming use.
(3)
If no structural alterations are made, a nonconforming use of a structure
or structure and land in combination may be changed to another nonconforming
use; provided, that the Zoning Board of Appeals finds that the proposed
use is equally appropriate or more appropriate to the district than
the existing nonconforming use. In permitting such change, the Zoning
Board of Appeals may require conditions and safeguards in accordance
with the purpose and intent of this chapter. Where a nonconforming
use of a structure or structure and land in combination is hereafter
changed to a more conforming use, it shall not thereafter be changed
to a less conforming use.
(4)
If a structure or structure and land in combination formerly devoted
to a nonconforming use is changed to a permitted use, it shall thereafter
conform to the regulations for the district in which such structure
is located and the nonconforming use may not thereafter be resumed.
(5)
When a nonconforming use of a structure or structure and land in
combination is discontinued or ceases to exist for three consecutive
months, or for nine months during any three-year period, the structure
or structure and land in combination shall not thereafter be used
except in conformance with the regulations of the district in which
it is located. When a seasonal nonconforming use of a structure or
structure and land in combination is discontinued or ceases to exist
for two consecutive seasons, the structure or structure and land in
combination shall not be used except in conformance with the regulations
of the district in which it is located.
(6)
If a structure or structure and land in combination devoted to a
nonconforming use is removed or destroyed the nonconforming use shall
not be reestablished and the land shall be used in conformance with
this chapter.
[Code 1974, § 83-6.5]
(a)
Any building devoted in whole or in part to any nonconforming use
may be repaired to correct deterioration or wear or by replacement
of nonbearing walls, fixtures, wiring, or plumbing to an extent not
exceeding 50% of the assessed value of the building; provided, that
the area, height, bulk, use, or extent of the building as it existed
at the time of passage or amendment of this chapter shall not be increased.
(b)
Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition any building or part of any building
declared to be unsafe by an official charged with protecting the public
safety.
[Code 1974, § 83-6.6]
The tenancy, ownership, or management of any legally existing
nonconforming use of a structure, land, or structure and land in combination
may change without altering the status of the nonconforming use.
[Ord. No. 2007-12, 10-28-2007]
The Township may acquire private property or an interest in
private property by purchase, condemnation or otherwise for the removal
of nonconforming uses in accordance with the Michigan Zoning Enabling
Act PA 110 of 2006 (MCL § 125.3101 et seq.).
[Code 1974, § 83-6.8]
Any landowner or interested person claiming a lawful nonconforming
use must prove through clear and convincing evidence that the claimed
nonconforming use lawfully existed prior to the adoption or amendment
of this chapter. Otherwise, such uses are unlawful uses and shall
be immediately discontinued.
