A. 
It is recognized that there exists within the districts established by this chapter and subsequent amendments lots, structures, and uses of land and structures 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. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved.
B. 
It is the intent of this chapter to permit legal nonconforming lots, structures, or uses to continue until they are removed but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
C. 
Expanding nonconforming uses prohibited. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
D. 
Construction prior to adoption excluded. 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 prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on.
(1) 
“Actual construction” is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner;
(2) 
Except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.
A. 
In any district in which one-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a one-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or widths, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. The following side yard requirements shall prevail to a piece or parcel of land platted and identified as a single unit on a plat officially approved and recorded prior to the effective date of this chapter:
(1) 
For lots of record 55 to 65 feet wide, the combined side yards shall have a total width of not less than 16 feet with a minimum side yard of six feet on one side.
[Amended 1-7-2013 by Ord. No. 308]
(2) 
For lots of record 50 to less than 55 feet in width, the combined side yard shall be 14 feet with a minimum of five feet on the side.
(3) 
For lots of record 45 to less than 50 feet in width, the combined side yard shall be 12 feet with a minimum of four feet on one side.
(4) 
For lots of record 40 to less than 45 feet in width, the combined side yard shall be 10 feet six inches with a minimum of three feet on one side.
(5) 
For lots of record 35 to less than 40 feet in width, the combined side yard shall be eight feet with a minimum of three feet on one side.
(6) 
Any lots of record less than 35 feet in width shall have a three-foot minimum side yard on each side.
B. 
Residential lots of record on the date of adoption of this chapter and having double frontage, or being a through lot as defined in Article 2, Construction of Language and Definitions, and with a depth of 350 feet or more, shall be permitted to be divided into two lots split through their present depth, providing minimum lot area requirements for the zoning district are maintained and rights to sewer connection are provided.
Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible 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:
A. 
Expansion. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
B. 
Moving of use. No such nonconforming use 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.
C. 
Loss of nonconformance status. If such nonconforming use of land ceases for any reason for a period of more than three months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on 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:
A. 
No such structure may be enlarged or altered in a way which increases its nonconformity.
B. 
Reconstruction after destruction. Should such structure be destroyed by any means to an extent of more than 60% of the assessed value of the building, exclusive of the foundation, at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
[Amended 6-2-2008 by Ord. No. 298]
C. 
Removal from foundation. Should such structure be 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 removed.
If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. 
No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located, unless it can be conclusively shown to the Board of Appeals that such enlargement, expansion, or extension will substantially improve the use and the environment of abutting uses, and will not be cause for making abutting properties unusable as zoned. In granting this approval, the Board of Appeals shall impose the following conditions:
(1) 
Consider future plans and impact on area. The Board of Appeals shall request, obtain and duly consider an opinion from the Planning Commission as to current and long-range planning proposals for the site and the surrounding area. The Commission shall also indicate the potential impact the proposed development may have on future plans and the development of the area and the Township at large.
(2) 
Require single ownership and control. The expansion shall represent an enlargement of an existing building or a separate freestanding building, provided that, in the case of the latter, the complex shall be under a single ownership and control, and dealing in interrelated and interdependent commodities. It is the intent herein not to permit the development of several plants, separately owned.
(3) 
Allow horizontal expansion only. The enlargement shall be in the nature of a horizontal expansion and shall not permit vertical expansion to an existing structure.
(4) 
The expansion shall be for an existing use and shall not be made for a potential new use.
(5) 
Permit development without adverse effects. The site shall be of such size, shape and location that would permit it to accommodate the proposed development without adversely affecting the use and/or development of other properties in the Township. To this end the Board of Appeals shall consider the size and location of all principal and accessory buildings and uses on the site, the nature of the operation in terms of use activities, noise, odors, dust, lights, fumes, hours of operation, traffic, and other reasonable and applicable development concerns. Existing and proposed activities shall not adversely affect the general public health, safety or welfare of adjacent properties of the Township at large.
(6) 
Comply with applicable Township laws. In addition, the proposed alterations shall comply with all other applicable Township codes and ordinances and shall not serve to effectively prolong the life of a nonconforming use beyond its normal expected life. Therefore, any such approval shall not constitute a rezoning of the property in further violation of this chapter and Master Plan.
(7) 
Require adequate setbacks and buffers. The Board of Appeals shall require adequate yard setbacks, berms, walls, or greenbelts to buffer said expansion from abutting uses. Said buffers shall be constructed in keeping with the standards set forth in § 480-63, Landscaping, and § 480-64, Obscuring walls and landscaped berms.
B. 
Extension of use throughout building. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
C. 
Change to more restrictive use class. In any Business or Industrial District, if no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use of the same or a more restricted classification, provided that the Board of Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Appeals may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter. Where a nonconforming use of a structure, land, or structure and land in combination is hereafter changed to a more restrictive classification, it shall not thereafter be changed to a less restrictive classification.
[Amended 1-7-2013 by Ord. No. 308]
D. 
Switch to permitted use irreversible. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
E. 
Nonconformance discontinued. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or ceases to exist for six consecutive months or for 18 months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be excepted from this provision.
F. 
Removal or destruction of structure.
(1) 
Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(2) 
Repairs and maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 60% of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
[Amended 6-2-2008 by Ord. No. 298]
(3) 
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
G. 
Special exception not nonconforming use. Any use for which a special exception or modification of the standards of this chapter is permitted, as provided in this chapter, shall not be deemed a nonconforming situation, but shall without further action be deemed conforming.
H. 
Change of tenancy or ownership. There may be a change of tenancy, ownership or management of any existing nonconforming use of land, structures and premises, provided there is no change in the nature or character of such nonconforming use.
I. 
Purchase or condemnation by Township.
(1) 
For the removal of nonconforming uses. The Township may acquire, by purchase, condemnation, or otherwise, private property or an interest in private property for the removal of nonconforming uses.
(2) 
Cost and expense of acquisition. The cost and expense, or a portion thereof, of acquiring the private property may be paid from general funds or assessed to a special district in accordance with the applicable statutory provisions relating to the creation and operation of special assessment districts for public improvements in the Township.
(3) 
Basis for elimination. The elimination of the nonconforming uses and structures in a zoning district is declared to be for a public purpose and for a public use.
(4) 
Condemnation under eminent domain. The Township Board may institute and prosecute proceedings for condemnation of nonconforming uses and structures under the power of eminent domain in accordance with Act No. 149 of the Public Acts of 1911, as amended, MCLA § 213.21 et seq., or other applicable statute.
[Amended 4-19-2004 by Ord. No. 285]