Purpose; intent.
A. The purpose of this article is to provide regulations governing lots and other parcels of land, buildings, structures and the uses thereof which were lawful prior to the enactment of this chapter, or relevant amendment thereto, but which are prohibited or are more strictly regulated or restricted under the provisions of this chapter.
B. The provisions of this article are intended to permit such lawfully nonconforming lots and parcels of land, buildings, structures and uses to continue, though not to encourage their nonconforming status on a long-term basis. Because the continued existence of such nonconforming lots, buildings, structures and uses prevents the full realization of the goals and purposes of this chapter, a significant purpose of this article is to promote the reduction or elimination of such nonconformities.
C. The provisions of this article are intended to accomplish the following:
(1) To permit lawful nonconforming buildings, structures and uses to remain until they are discontinued or removed.
(2) To permit lawfully nonconforming lots and other parcels of land to be improved by the construction and use of buildings and structures only as permitted by the terms of this article.
(3) To promote the termination and removal of any land use, building or structure in violation of this chapter that was established prior to the effective date hereof or prior to the effective date of any relevant amendment hereto.
(4) To encourage the combining of contiguous nonconforming lots and other parcels of land, so as to create lots and other parcels of land which comply with current minimum provisions as to area, width and other aspects thereof.
(5) To encourage the improvement of buildings and structures so as to comply with current minimum provisions of this chapter.
Lawfully nonconforming lots and other parcels of land.
A. A parcel of land that is platted or is otherwise of public record at the time of the adoption of this chapter, or the adoption of any relevant amendment herein, and that does not comply with the minimum lot area requirement and/or the minimum lot width requirement, or other minimum requirement for such parcel of land, for the zone district in which the parcel of land is located may nevertheless be used for a use permitted in that district if at least 90% of each required minimum front, rear and side yard building setback is complied with.
B. Adjacent parcels of land in common ownership that are platted or are otherwise of public record at the time of adoption of this chapter, or the adoption of any relevant amendment herein, and that do not satisfy the minimum lot area requirement and/or the minimum lot width requirement, or other minimum requirements for a lot or other parcel in the zone district, then all of such lots or other parcels shall be combined for zoning purposes into one conforming lot or parcel, or a parcel which at least complies with 90% of each required minimum front, rear and side yard building setback.
C. Each individual lot which has been combined for zoning purposes under Subsection B shall cease to be considered a separate lot of record and shall be a buildable lot together with the lot or lots with which it has been combined.
D. Lots combined for zoning purposes under Subsection B shall not thereafter be split, redivided, or otherwise reduced in area unless all of the resulting lots comply with all minimum lot requirements for a buildable lot in the district in which the land is located or unless a lot is divided and also lawfully combined with an adjacent lot or lots; provided, however, in the case of a platted lot being divided and also lawfully combined with an adjacent lot or lots, such division shall be subject to the approval of the Township Board under the terms of
Chapter 275: Land Division and Subdivision,
Part 2: Land Division, of the Code of the Township of Cannon.
E. For purposes of this section, an existing parcel of land of record means a lot or parcel that is described in a deed or other conveyancing instrument recorded in the office of the Register of Deeds prior to the effective date of this chapter or any relevant amendment thereof, or any recorded land contract, recorded memorandum of land contract or other recorded instrument, including a platted subdivision and a condominium and site condominium master deed, which has the effect of conveying the land or an interest therein. A recorded survey or the establishment of a separate tax identification number for a parcel of land shall not, by itself, have the effect of establishing the parcel of land as an existing lot or parcel of record.
Lawfully nonconforming buildings and structures.
Building and structures which are existing and lawful on the effective date of this chapter or any relevant amendment herein may be continued even though such buildings and structures do not comply with the provisions of this chapter or any relevant amendment herein; subject, however, to the following limitations:
A. A nonconforming building or structure devoted to a conforming use shall not be enlarged or altered in any manner or to any extent which increases the nonconformity of the building or structure.
B. A nonconforming building or structure may be enlarged or altered if such enlargement or alteration complies with this chapter and does not increase the nonconformity of the building or structure.
C. If a nonconforming building or structure is altered or modified so as to eliminate, remove, or lessen any or all of its nonconforming characteristics, then such nonconforming characteristics shall not be subsequently reestablished or increased.
D. Repairs, maintenance and improvements of a nonconforming building or structure are permitted, but shall not include an addition to a building or structure that would increase its nonconformity; provided, however, that such maintenance, repairs and improvements shall not be permitted if the cost thereof would exceed 50% of the fair market value of the building or structure prior to the maintenance, repairs or improvements. In determining the fair market value for purposes of this subsection, the Township may calculate the same by doubling the current state equalized valuation, less the estimated value of the land.
E. A lawfully nonconforming building or structure may be strengthened or restored to a safe condition, in whole or in part, if the building has been declared to be unsafe by the Township Building Official or by other official having jurisdiction; provided, however, that the cost of any such strengthening or restoration shall not exceed 50% of the fair market value of the building or structure prior to such strengthening or restoration, less the estimated value of the land; such fair market value shall be determined in accordance with Subsection D of this section.
F. A lawfully nonconforming building or structure may be altered, restored or otherwise improved if such activity will cause the building or structure to be more conforming to the provisions of this chapter.
G. In the event that any lawfully nonconforming building or structure is damaged by wind, fire, or other casualty to such extent that the cost of reconstruction or restoration is equal to or less than 50% of the fair market value of such building or structure prior to the occurrence of the casualty, then such reconstruction or restoration shall be permitted.
(1) In the event that any nonconforming building or structure is damaged by fire, wind, act of God or other casualty, and the cost of rebuilding or restoration exceeds 50% of the fair market value of the building or structure before rebuilding or restoration, then such rebuilding or restoration shall be permitted only when approved as a special land use by the Planning Commission in accordance with
Article 23: Special Land Uses of this chapter; provided, however, that in addition to the other standards for considering special land uses, the Planning Commission shall consider:
(a) Whether such rebuilding or restoration will substantially extend the probable duration of the nonconforming use.
(b) Whether or not the land previously occupied by the nonconforming use can be reasonably used for a use permitted in the applicable zoning district.
Lawfully nonconforming uses of buildings and structures.
The lawful use of any building or structure existing and lawful on the effective date of this chapter or any relevant amendment therein may be continued, even though the use of such building or structure does not comply with the provisions of this chapter or any relevant amendment therein; subject, however, to the following limitations:
A. Any lawfully nonconforming use may be expanded or extended throughout any parts of a building or structure which were manifestly arranged or designed for such use at the effective date of this chapter or any relevant amendment therein, but no such nonconforming use shall be expanded or extended to occupy any portion of the land outside the building.
B. No existing building or structure devoted to a nonconforming use shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except by reason of changing the use of the building or structure to a use that is permitted in the zoning district in which the building or structure is located.
C. On any building or structure that is devoted in whole or in part to a nonconforming use, work may be done on ordinary repairs or on repair or replacement of fixtures, wiring, heating, plumbing, or other building systems, provided that the building or structure is not thereby enlarged, extended, or structurally altered.
D. No provision in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or structure or any part thereof devoted to a nonconforming use that is declared to be unsafe by any Township official having jurisdiction over the safety or condition of any building or structure.
E. If a nonconforming use of any building or structure is terminated and replaced by a permitted use, the nonconforming use shall not be later reestablished.
F. If a nonconforming use of a building or structure, or a nonconforming building or structure and land in combination, is discontinued or abandoned for at least 12 consecutive months, the building or structure, or the building or structure and land in combination, shall not thereafter be used except in compliance with the provisions of the zoning district in which the building or structure, or building or structure and land in combination, are located.
(1) A nonconforming use shall be determined to be abandoned if one or more of the following conditions exists, and shall be deemed to constitute an intent on the part of the property owner to abandon the nonconforming use:
(a) Utilities, such as water, gas and electricity to the property, have been disconnected.
(b) The property, buildings, and grounds have fallen into disrepair.
(c) Signs or other indications of the existence of the nonconforming use have been removed.
(d) Equipment or fixtures which are necessary for the operation of the nonconforming use have been removed.
(e) Other actions which, in the opinion of the Zoning Administrator, constitute an intention on the part of the property owner or lessee to abandon the nonconforming use.
Additional requirements.
A. The nonconforming use of a lot or other parcel, or a building or structure, may not be changed to another nonconforming use, either in whole or in part.
B. Any building or structure shall be considered existing and lawful and for purposes of this article to have been in use for the purpose for which constructed if, on the effective date of this chapter, or any relevant amendment herein, a building permit has been obtained therefor, if required, and construction is thereafter pursued diligently to conclusion.
C. If lawfully nonconforming use status applies to a building or structure and land in combination, the removal or destruction of the building or structure shall eliminate the lawful nonconforming status of the land.
D. The provisions of this article shall apply to land, buildings, structures, and the use thereof which become nonconforming as a result of any amendments in any of the zone district provisions or the other provisions of this chapter.
Existing nonconforming parcels of record.
In any zoning district, a permitted use may be established on any lawfully nonconforming lot or other parcel of land of record as of the effective date of this chapter, or the effective date of any amendment herein which causes the lot or other parcel of land to be nonconforming, notwithstanding the other requirements of this chapter, subject to the following:
A. The required minimum front yard setback, the required minimum rear yard building setback and the maximum building height limitation of the zone district shall be complied with.
B. The required minimum side yard building setback shall be 10% of the width of the existing nonconforming lot, as measured at the front lot line, but in any event, the required minimum side yard building setback shall not be less than five feet.
