The following regulations shall apply to all nonconforming uses,
structures, and lots:
A. Continuation of nonconforming uses and buildings/structures.
(1)
Any lawful nonconforming use existing on the effective date
of this chapter or amendment thereto may be continued and shall not
be considered to be in violation of this chapter. A nonconforming
use may not be changed to another nonconforming use. Whenever a nonconforming
use has been changed to a conforming use, such use shall not thereafter
be re-established.
(2)
Any lawful nonconforming building or structure existing on the
effective date of this chapter or amendment thereto may be continued
and shall not be considered in violation of this chapter.
B. Discontinuation of nonconforming uses.
(1)
Nonconforming uses of a structure. When a nonconforming use
of a structure, or structure and land in combination, is discontinued
or abandoned for 12 consecutive months without a present intention
to reinstate the nonconforming use, the structure (or structure and
land in combination) shall not thereafter be used except in conformance
with the provisions of the district in which it is located.
(2)
Nonconforming uses of open land. If any nonconforming use of
open land ceases for any reason for a period of more than 180 days,
any subsequent use of such land shall conform to the provisions of
the district in which it is located.
(3)
Seasonal uses. In applying this subsection to seasonal uses,
the time during the off-season shall not be counted.
C. Purchase or condemnation. In order to accomplish the elimination
of nonconforming uses and buildings/structures which constitute a
nuisance or are detrimental to the public health, safety and welfare,
Paw Paw Township may acquire, by purchase, condemnation or otherwise,
private property for the purpose of removal of a nonconformity pursuant
to Section 208(3) of Public Act 110 of 2006, as amended.
D. Change of tenancy or ownership. In the event there is a change in
tenancy, ownership, or management, an existing nonconforming use or
building/structure shall be allowed to continue provided there is
no change in the nature or character of such nonconformity.
No nonconforming use or building/structure shall be enlarged,
extended, or structurally altered except as permitted in this section.
A. Expansion, extension, and enlargement.
[Amended 12-22-2021 by Ord. No. 275]
(1)
Nonconforming use. The area, density, and/or manner of operation
of a nonconforming use shall not be altered by expansion, extension,
or enlargement. Any such alteration shall be determined to result
in an increase in nonconformity and is prohibited.
(2)
Nonconforming building/structure. A nonconforming building/structure
shall not be altered by expansion, extension, or enlargement in any
manner unless in full compliance with all applicable requirements
of the Zoning Ordinance. A nonconforming building or structure alteration
shall not increase the area, density, and/or manner of operation of
a nonconforming use, if applicable.
B. Repairs, improvements, and modernization.
(1)
Such ordinary repairs and maintenance work as may be necessary
to keep a nonconforming use or building/structure in sound condition,
or as may be required to conform with federal, state or local law,
or as is needed to improve or modernize the use or building/structure,
may be made provided that no such work shall expand, extend or enlarge
the nonconforming use or building/structure.
(2)
If a nonconforming use or building/structure is damaged or destroyed by fire, flood, wind, or other calamity to the extent of 50% or more of its fair market value at the time of such damage or destruction, said use or building/structure shall not be continued or reestablished unless a special land use permit is granted pursuant to Article
7.00. Any such replacement shall not result in an increase in the initial nonconformity.
(3)
If a nonconforming use or building/structure is damaged or destroyed
by fire, flood, wind, or other calamity to the extent of less than
50% of its fair market value at the time of such damage or destruction,
the use or building/structure may be repaired or otherwise restored
and reconstructed so as to be no more nonconforming than at the time
of the damage or destruction. Any such reconstruction right shall
be considered terminated by abandonment if reconstruction is not started
within 12 months from the time of the damage or destruction and completed
within 18 months from the time the building permit is issued.
Notwithstanding the foregoing, a single-family or two-family
dwelling located in a zoning district which does not permit same may
be altered by expansion, extension, enlargement and/or rebuilt. In
addition, one accessory building not exceeding 600 square feet in
area may be erected for a nonconforming single-family or two-family
dwelling lacking an existing accessory building.
The following regulations shall apply to any nonconforming lot
of record or nonconforming lot described in a deed or land contract
executed and delivered prior to the effective date of this chapter
or amendment thereto:
A. Use of nonconforming lots. Any nonconforming lot shall be used only
for a use permitted in the district in which it is located. Notwithstanding
limitations imposed by other provisions of this chapter, a permitted
use may be erected on any single lot of record in existence at the
effective date of adoption or amendment thereto. This provision shall
apply even though such lot fails to meet the requirements for area
or width, or both, provided that the lot can be developed as proposed
without any significant adverse impact on surrounding properties or
the public health, safety, and welfare.
B. Area and bulk requirements. No division of any parcel shall be made
which creates a lot with area or width/frontage less than the area
or bulk requirements of this chapter for the zoning district in which
it is situated.
C. Nonconforming contiguous lots under the same ownership. If a nonconforming
lot of record abuts one or more nonconforming lots of record in the
same ownership, such lots shall be combined and considered as one
lot for the purposes of this chapter. No portion of the combined lots
shall be used, occupied, or sold in a manner which diminishes compliance
with lot area or frontage requirements of this chapter, nor shall
any division of the combined lot be made which creates a lot with
area or width/frontage less than the requirements stated in this chapter.
These provisions shall not apply to contiguous lots in single ownership
where each of the lots is occupied by an existing principal use/building.
D. Combination of nonconforming lots. The Township Assessor may permit
the combination, in whole or in part, of nonconforming lots of record
into building sites less than the size requirements established by
this chapter, provided that the combination of lots reduces the degree
of nonconformity and results in a parcel which is capable of accommodating
a structure that is in conformance with the building area and setback
requirements of this chapter.