It is the intent of this section to permit the continuation
of any lawful use of a building or land existing as of the effective
date of this chapter. However, it is hereby declared that nonconformance
with the provisions of this chapter is contrary to the best interests
of the citizens of the Township and ought to be discontinued as circumstances
permit.
A. Authority to continue. Except as otherwise provided in this article,
any nonconforming lot, use, sign or structure lawfully existing on
the effective date of this chapter or subsequent amendment thereto
may be continued so long as it remains otherwise lawful. All nonconformities
shall be encouraged to convert to conformity wherever possible and
shall be required to convert to conforming status as required by this
chapter. The burden of establishing that any nonconformity is a legal
nonconformity as defined by this article shall in all cases be upon
the owner of such nonconformity and not upon the Charter Township
of Midland.
B. Legal nonconformities. Legal nonconformities are presumed to have
existed before the adoption of zoning regulations in Midland Charter
Township unless the nonconformity was illegal prior to the adoption
of the zoning regulation. Illegal nonconformities have been developed
in conflict with zoning regulations through oversight or error. Illegal
nonconformities are required to cease immediately. Legal nonconformities
are defined and/or characterized by at least one of the following:
(1) It complied with the district regulations of the previous zoning
ordinance at any point in time.
(2) It had been recognized as a legal nonconforming use under the previous
zoning ordinance.
(3) (Applies to nonconforming setback or lot size only.) The nonconformity
resulted from land acquisition by a government agency, such as for
a road right-of-way.
(4) (Nonconforming parcel only.) Parcels previously conforming that are
made nonconforming in area, width and depth of the parcel are considered
legal nonconformities if the area, width and depth of parcel and the
number of off-street parking spaces provided are at least 90% of minimum
requirements for the current zoning district.
C. Abandonment. When a nonconforming use of a structure or land is discontinued
or abandoned for one year, the structure or land thereafter shall
not be used for any use other than a conforming use of the district
within which it is located.
D. Reconstruction and restoration. No nonconformity (whether it is a
structure, a use, or a sign) shall be enlarged upon or expanded (including
extension of hours of operation) unless such alteration is in full
compliance with all requirements of this chapter. Normal maintenance
and incidental repair of a legal nonconformity shall be permitted,
provided that this does not violate another section of this article.
(1) Nothing in this article shall be deemed to prevent restoring a structure
to a safe condition in accordance with an order of a public official
who is charged with protecting the public safety and who declares
such structure to be unsafe and orders its restoration to a safe condition,
provided that such restoration is not otherwise in violation of the
various provisions of this section prohibiting the repair or restoration
of partially damaged or destroyed structure or signs.
(2) No nonconformity shall be moved in whole or in part, for any distance
whatsoever, to any other location on the same or any other lot unless
the entire structure shall thereafter conform to the regulations of
the zoning district in which it is located after being moved, unless
changes are being made to the site in conformance with other sections
of this article.
(3) No use, structure or sign which is an accessory to a principal nonconforming
use or structure shall continue after such principal use or structure
shall have ceased or terminated, unless it shall thereafter conform
to all regulations of this chapter.
(4) Any lawful nonconforming use damaged by fire, explosion, an act of
God or by other causes may be restored, rebuilt or repaired, provided
that the reconstruction or restoration work does not increase the
gross floor area or value of the structure to more than which is permitted
in other sections of this article.
(5) A dwelling nonconforming due to its location in a nonpermitted district
may be expanded or enlarged, for residential purposes, by up to 50%
of the existing ground floor area. An accessory building may be constructed
or expanded upon the same lot.
E. Repair. Nothing in this chapter shall prohibit the improvement or modernization of a lawful nonconforming building to allow for facility improvement, provided that such repair does not exceed 50% of the true cash value as determined by the state equalized value or increase the size of the primary structure by more than 30%. All improvements must be presented on a site plan developed in accordance with the data requirements of §
300-77 and approved by the Zoning Board of Appeals.
F. Changing uses.
(1) The Zoning Board of Appeals may authorize a change from one nonconforming
use to another nonconforming use, provided the proposed use would
be more suitable to the zoning district in which it is located than
the nonconforming use which is being replaced. Whenever a nonconforming
use has been changed to a more nearly conforming use or to a conforming
use, such use shall not revert or be changed back to another nonconforming
use unless such change shall be more nearly conforming.
(2) Transfer of ownership and use. Any nonconforming use status may be
transferred with the same rights guaranteed the new owners as those
belonging to the owners of record on the effective date of this chapter.
G. Prior construction approval. Nothing in this chapter shall prohibit
the completion of construction and use of a nonconforming building
for which a building permit has been issued prior to the effective
date of this chapter, provided that construction is commenced within
30 days after the date of issuance of the permit and that the entire
building shall have been completed according to plans filed with the
permit application within one year after the issuance of the permit.
H. Nonconforming lots.
(1) A nonconforming lot of record may be used for any principal use permitted
in the zone in which the lot is located, provided that for any use
which is to be served by an individual well and/or septic system,
the nonconforming lot shall be of a size and design to meet the minimum
requirements of the Midland County Health Department for such well
or septic systems.
(2) If the proposed use is to be a single residential dwelling such that
the lot is physically unable to provide the open space or yard requirements
of this chapter, those yard requirements shall be adjusted by the
Zoning Administrator.
I. Nonconforming signs. Subject to the following schedule, a nonconforming
sign may be continued and shall be maintained in good condition, but
it shall not be:
(1) Changed to another nonconforming sign. Changes in copy, color, or
general maintenance.
(2) Structurally altered so as to prolong the life of the sign unless
brought into conformance with the provisions of this chapter.
(4) Reestablished after its discontinuance for 90 days, or reestablished
after damage or deconstruction, if the estimated expense of reconstruction
exceeds 50% of the appraised replacement cost, as determined by the
Building Inspector and/or Zoning Administrator.
After the effective date of this chapter, no structure shall
be erected, altered or moved upon a lot or premises and used in whole
or in part for a dwelling, business, industrial or recreational purpose
unless it shall be provided with a safe, sanitary and potable water
supply and with a safe and effective means of collection, treatment
and disposal of human excreta and domestic, commercial and industrial
waste. All such installations and facilities shall conform with the
minimum requirements of the Midland County Health Department and applicable
state and federal regulations.
It is prohibited to keep animals or fowl other than household
pets in residential or business districts unless when adequately housed
and fenced, the parcel is at least five acres in area; where the building
housing the animal is at least 500 feet from the nearest adjoining
residence and the fence or corral is a minimum of 100 feet from the
nearest adjoining residence.