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NONCONFORMING LOTS, USES AND STRUCTURES
The purpose of this subchapter is to regulate existing lots, uses and structures that were lawful before this chapter was adopted, but which have become nonconforming under the terms of this chapter and its amendments. It is the intent of this chapter to permit the legally established non-conformities to remain until they are discontinued or removed, but not to encourage their continuance and to bring them into conformity as circumstances allow without unreasonably interfering with established property rights.
(Ord. 37, passed 8-28-2005)
(A) It shall be the responsibility of the owner of a nonconforming lot, use or structure to prove to the Zoning Administrator that the lot, use or structure was lawfully established, existed on the effective date of adoption or amendment of this chapter and has existed continuously.
(B) Nonconforming uses and structures are hereby declared to be incompatible with the uses and structures permitted within the various zoning districts. Nonconforming uses and structures shall not be enlarged, expanded, extended or increased, except as provided for herein and shall not be used as grounds for adding other uses and/or structures that are prohibited.
(C) Nonconforming uses shall comply with current Zoning Ordinance requirements (such as landscaping, screening, parking, environmental performance and general standards) to the maximum extent possible.
(Ord. 37, passed 8-28-2005)
A legal nonconforming lot, as defined herein, which does not meet the minimum standards of the zoning district in which it is located for lot area or lot width may be developed, provided that the use, access, height, yard, setback, landscaped buffer, off-street parking and other requirements of the district are met and, provided further, that the lot meets all of the current requirements of the Livingston County Health Department.
(Ord. 37, passed 8-28-2005)
Any lawful nonconforming use may be continued, subject to the following provisions:
(A) Expansion. A nonconforming use shall not be expanded, enlarged, extended or increased, so as to occupy a greater area of land or more floor area within a structure than was occupied by the use on the effective date of this chapter or its amendment.
(B) Relocation. A nonconforming use shall not be moved, in whole or in part, to any other structure, or to any other portion of the lot or site upon which it was located on the effective date of this chapter or its amendment.
(C) Discontinuance. If a nonconforming use is discontinued, it shall not thereafter be reestablished, and any subsequent use of the land shall comply with the allowable uses in the district in which it is located. A nonconforming use shall be considered discontinued if the customary use ceases for any reason for a period of 12 months or more.
(D) Change of use. A nonconforming use shall not be changed to any other use except to a use permitted in the district in which the subject property is located.
(E) Accessory structures. New accessory structures associated with a nonconforming use shall be reviewed and approved by the Planning Commission at a regular public meeting.
(Ord. 37, passed 8-28-2005) Penalty, see § 152.999
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