ARTICLE 22..... NONCONFORMING USES, STRUCTURES,
AND LOTS
22.01 NONCONFORMING USES AND STRUCTURES
The following regulations shall control lawful nonconforming uses
and nonconforming structures in existence at the time of passage of this
ordinance:
A. Lawful nonconforming uses or structures in existence at the time
of passage of this ordinance may be continued but shall not be extended,
added to, or altered unless such extension, alteration, or addition, is
in conformance with the provisions of this ordinance.
B. If the cost of repair or replacement of a nonconforming use or
structure that has been destroyed by reason of windstorm, fire, explosion,
or any act of God or the public enemy, exceeds 50 percent of the total
replacement cost of the use or structure, such use shall not be continued
or rebuilt except in conformance with the provisions of this ordinance.
This subsection shall not apply to nonconforming structures where
the nonconformance is by reason of a side yard setback of between 8 and
12 feet unless the cost of repair or replacement would equal or exceed
100 percent of the replacement cost of the structure.
C. If the nonconforming use of any land or structure shall terminate
for a continuous period of time exceeding 1year, such use shall not be
reestablished; and any future use of land and structure shall be in conformance
with this ordinance.
D. If a nonconforming use is changed to a permitted use in the district
in which it is located, it shall not revert or be changed back to a nonconforming
use.
E. Nothing in this ordinance shall prevent such repairs, improvements,
or reinforcement of a nonconforming building or structure existing on the
date of enactment of this ordinance as may be necessary to secure or ensure
continued advantageous use of such building or structure during its natural
life, provided, such repair, improvement, or reinforcement includes no
enlargement or change of use thereof.
F. Nothing in this ordinance shall require any change in the erection
or intended legal use of a building, the construction of which shall have
been diligently prosecuted within 30 days preceding the passage of this
ordinance and that is complete within 3 months following passage, provided
that a written declaration of such use if filed with the township clerk
within 30 days of the effective date of this ordinance.
22.02 NONCONFORMING LOTS
A. Any lot, as defined in Article 3, that exists on the effective
date of this ordinance shall be exempt from the minimum width and area
requirements as long as such lot has a minimum width of 60 feet and a minimum
area of 6,000 square feet.
B. If two or more lots or a combination of lots and portions of
lots are contiguous and in single ownership on the effective date of this
ordinance or amendments thereto the lands involved shall be considered
to be a single, undivided lot for the purposes of this ordinance.
C. No portion of any lot shall be used or sold in a manner that
diminishes compliance with lot width and area requirements established
by this ordinance nor shall any division of any lot be made that creates
a lot width or area below the requirements stated in this ordinance.