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]