Section 27.01 Lots, Structures, Uses of Land, Characteristics of Use

Within the districts established by this Ordinance there exist:

A. Lots

B. Structures

C. Uses of land and structures, and

D. Characteristics of use

which were lawful prior to the adoption of this Ordinance or any applicable amendment thereto. For purposes of this Article, “Applicable Amendment” shall mean any amendment that would make unlawful any lot, structure, uses of land and structures, or characteristics of use which were lawful prior to adoption of such amendment. It is the intent of this Ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Ordinance 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.

Nonconforming uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved. In addition to the above, a nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this Ordinance 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, the nature of which would be prohibited in the district involved.

Section 27.02 Nonconforming Structures

Where a lawful structure exists at the effective date of adoption of this Ordinance, or any applicable amendment thereto, that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

A. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity.

B. Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than one hundred (100) percent of the State Equalized Valuation at time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance.

C. Should such structure be moved for any reason whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

Section 27.03 Nonconforming Uses of Land, or Land with Minor Structures

Where at the time of passage of this Ordinance or applicable amendments thereto lawful use of land exists which would not be permitted by the regulations imposed by this Ordinance or applicable amendment, and where the use involves no individual structure with a State Equalized Valuation exceeding $500, the use may be continued so long as it remains otherwise lawful provided:

A. The nonconforming use shall not 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 Ordinance.

B. The nonconforming use shall not be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Ordinance.

C. If the nonconforming use of land ceases for any reason for a period of more than one (1) year, thereafter such land shall conform to the regulations specified by this Ordinance for the district in which such land is located.

D. Only structures conforming to the requirements of this Ordinance shall be erected in connection with such nonconforming use of land.

E. The Township shall provide for classes of nonconforming uses.

Section 27.04 .Class A and Class B Nonconforming Uses

A. Class A nonconforming uses and structures are those which have been designated by the Zoning Board of Appeals after application by any interested person or the Building Official upon findings that (1) continuance thereof would not be contrary to the public health, safety or welfare, (2) that the use or structure does not and is not likely to significantly depress the value of nearby properties, (3) that the use or structure was lawful at the time of its inception, and (4) that no useful purpose would be served by strict application of the provisions or requirements of this Ordinance with which the use or structure does not conform.

B. All nonconforming uses, buildings or structures not designated as Class A are Class B nonconforming uses, buildings or structures.

C. Procedures for Obtaining Class A Designation, Conditions

1. A written application shall be filed with the Township Clerk including the name and address of the applicant, a legal description of the property to which the application pertains and any other information as may be necessary to enable the Zoning Board of Appeals to make a determination of the matter. The Zoning Board of Appeals may require additional information as it considers necessary. The notice and hearing procedure before the Zoning Board of Appeals shall be the same as in the case of an application for a variance. The decision shall be in writing and shall set forth the findings and reasons on which it is based.

2. Conditions may be attached, including any time limits, where necessary to assure that the use, building or structure does not become contrary to the public health, safety or welfare or the spirit and purpose of this Ordinance.

3. No vested interest or right shall arise out of a Class A designation.

D. Revocation of Class A Designation

Any Class A designation shall be revoked, following the same procedure required for designation, upon a finding that as a result of any change of conditions or circumstances the use or structure no longer qualifies for Class A designation.

E. Regulations Pertaining to Class A Nonconforming Uses and Structures

1. No Class A nonconforming use of land, buildings or structure shall be resumed if it has been for any reason discontinued for a continuous period of at least twelve (12) months or if it has been changed to a conforming use for any period.

2. An individual Class A use or structure may be used, altered or enlarged provided that it does not violate any condition imposed by the Board of Appeals at the time of its designation.

3. The expansion of all Class A nonconforming uses, except those used as single family dwellings, shall require site plan approval by the Planning Commission and Township Board prior to the issuance of a building permit. Refer to Section 4.52 of this Ordinance for site plan review regulations.

F. Regulations Pertaining to Class B Nonconforming Uses and Structures

1. Intent – It is the purpose of this Ordinance to eliminate Class B nonconforming uses and structures as rapidly as is permitted by law without payment of compensation.

2. No Class B nonconforming use shall be resumed if it has been discontinued for a continuous period of at least twelve (12) months or if it has been changed to a conforming use for any period.

3. No Class B nonconforming structure shall be enlarged or structurally altered, nor shall it be repaired or reconstructed if damaged by fire or other casualty to the extent that the cost of reconstruction or repair exceeds fifty (50%) percent of the reproduction cost of such structure.

4. No Class B nonconforming use shall be changed to a substantially different nonconforming use, nor enlarged so as to make use of more land area than used at the time of becoming nonconforming.

5. In the case of soil removal operations, existing holes or open pits may be worked and enlarged on the land which constituted the lot on which operations were conducted at the time of becoming nonconforming, but no new holes or open pits shall be established.

6. No Class B nonconforming use or structure shall be permitted to continue in existence if it was unlawful at the time of its inception.

Section 27.05 Nonconforming Uses of Structures

If a lawful use involving one or more individual structures with a State Equalized Valuation of $500 or more, or if such a structure and premises in combination exists at the effective date of adoption of this Ordinance or applicable amendment thereto that would not be allowed in the district under the terms of this Ordinance or such amendment, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.

A. An existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall not be enlarged, extended, constructed, reconstructed, moved, or structurally altered except:

1. By changing the use of the structure to a use permitted in the district in which it is located; or

2. In such a way as to decrease its nonconformity.

B. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or applicable amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building.

C. If no structural alterations are made, any nonconforming use of a structure and premises may be changed to another nonconforming use, subject to the following:

1. The new use shall be equally or more appropriate in the zoning district as the existing non-conforming use.

2. The Building Official shall determine the new use complies with subpart 1 above.

D. Whenever a nonconforming use has been changed to a conforming use or to a permitted use in a district of greater restriction, it shall not thereafter be changed to a nonconforming use.

E. Where a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for one (1) year, the structure, or structure and premises in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.

F. 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. Destruction for the purpose of this Section is defined as damage to an extent of more than one hundred (100) percent of the State Equalized Valuation at time of destruction.

Section 27.06 Nonconforming Lots of Record

This Section applies to those districts in which single-family residential is a principal permitted use and is intended to provide relief for the owners of non-conforming lots of record where said lot or lots do not meet the minimum standards of the Ordinance.

A. Where the owner of a nonconforming lot of record cannot reasonably acquire sufficient land to enable him to conform to the requirements of this Ordinance relating to lot area, lot width, or both, such nonconforming lot of record may be used by such owner as a building site, provided that all front, side, and rear setback and open space requirements are met.

B. Except as provided above, no building permit shall be issued for a nonconforming lot of record, except with approval of the Board of Appeals after public hearing in accordance with the Section 29.04 of this ordinance. The application to the Board of Appeals shall simply state, “Nonconforming Lot of Record.” The application shall be on forms established by the Township and shall include at a minimum, a drawing showing all proposed structures on the lot, all applicable setbacks, and areas designated for parking of automobiles. The Board of Appeals shall permit the use of such nonconforming lot or lots if it finds that the following standards have been met:

1. The lot was legally established pursuant to all applicable provisions of Michigan law or White Lake Township ordinance.

2. The construction that will result from the issuance of said permits will be in keeping with the general character of the neighborhood in which the construction will take place.

3. The proposed use will not have a significant effect on adjoining and nearby property owners.

4. The design of the proposed structure is appropriate for the area, width, and shape of the lot, and is designed in such a fashion as to provide adequate access for fire and other emergency vehicles.

5. The proposed design is consistent with the extent to which other developed lots in the subdivision have maintained the setbacks and other required provisions of this Ordinance.

6. The nonconforming lot of record shall meet all other requirements of this Ordinance, which requirements for the purpose of this Section shall be deemed to include reasonable provisions for automobile parking.

7. In no event shall the side yards be less than five (5) feet to permit fire equipment and other emergency vehicles reasonable access and further to prevent the spreading of fire; the Board of Appeals shall not have the right to vary this provision.

Section 27.07 Repairs and Maintenance

A. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding fifty (50) percent of the State Equalized Valuation of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it becomes nonconforming shall not be increased.

B. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by the Building Official to be unsafe or unlawful by reason of physical condition, it may be structurally altered as permitted by the Building Official to restore it to a safe condition; provided that the cost of such work does not exceed fifty (50) percent of the State Equalized Valuation of such building or structure at the time such work is done.

Section 27.08 Nonconforming Validation Certificate

A. At any time after the adoption of this Ordinance should the Township Building Official become aware of a nonconforming use, the Township Building Official may notify the owner that his property constitutes a nonconforming use. Within thirty (30) days after receipt of said notice, the owner shall apply for and be issued a Validation Certificate for the nonconforming use. The application for a Validation Certificate shall designate the location, nature, and extent of the nonconforming use and such other details as may be necessary for the issuance of the Validation Certificate.

B. If the Building Official finds, upon reviewing the application for a Validation Certificate, that the existing use is illegal or in violation of any other ordinance or law, or if he finds that the building for which the certificate is requested has been constructed or altered for the existing use or any other use without full compliance with the Building Code or Zoning Ordinance in effect at the time if construction or alteration, he shall not issue the Validation Certificate but shall declare such use in violation of this Ordinance.

Section 27.09 Change of Tenancy or Ownership

There may be a change in tenancy, ownership, or management of an existing nonconforming use, provided there is no change in the nature or character of such nonconforming use, except in conformity with this Ordinance.

Section 27.10 Special Regulations for Certain Property in the SF Suburban Farms Zoning District

On May 15, 2001, the Township adopted an amendment to this ordinance that provides a minimum two acre lot size for parcels in the Suburban Farms zoning district. The intent of this amendment was to make the Suburban Farms zoning district consistent with the Rural Estates provisions of the Township’s Master Plan, and to govern the development of Suburban Farms property that is not improved with a dwelling or structure as of the date of the amendment.

The Township recognizes that there are a substantial number of lots currently zoned Suburban Farms less than two acres in size upon which residential dwellings have been built. The Township realized that without additional regulations, those lots would become non-conforming and subject to the restrictions found in Article V of this Ordinance. In order to alleviate the hardship that would result by making those parcels non-conforming, the Township wishes to adopt these special regulations dealing with property that was zoned Suburban Farms as of the effective date of the above-described Ordinance Amendment:

A. The standards of this Section shall be applied only to lots that meet all of the following criteria:

1. The lot was located in the SF Suburban Farms zoning district as of May 15, 2001.

2. The lot was improved with a residential dwelling.

3. Prior to May 15, 2001, the lot and dwelling met all applicable provisions of this Ordinance, and all other applicable building or zoning ordinances, statues or regulations, including all provisions of the Schedule of Regulations.

B. For all lots described in Paragraph A, the following shall apply:

1. Notwithstanding the adoption of the amendment of this ordinance providing for a two acre minimum lot size for the Suburban Farms zoning district, these lots shall be considered to be conforming notwithstanding the provisions of Section 27.01 of this Ordinance.

2. Lots described in Paragraph A may be used in any lawful fashion, and may be rebuilt or expanded in conformance with any other applicable provision of this Ordinance, notwithstanding the fact that the lot size is less than two acres.

C. This Section shall not be construed to allow the further division of any lot within the Township zoned Suburban Farms into lots less than two acres in size, whether such lot is improved with a residential dwelling or not.