(A) There shall be a specific exemption from the preceding prohibitions, whether in §§ 153.205 through 153.210 or §§ 153.295 through 153.303, against rebuilding, altering, replacing, improving, enlarging, extending, substituting, or modifying a nonconforming use when such use is occupied as a dwelling place. In this case, the owner or tenant of said dwelling place shall make application to the Zoning Board of Appeals requesting an exemption from the aforesaid prohibitions. If the Zoning Board of Appeals, after a hearing upon such application, shall determine that for reasons of health, sanitation, safety, or the well-being of the occupants that the request is proper, then the Zoning Board of Appeals may authorize the tenant to rebuild, alter, replace, improve, enlarge, extend, substitute, or modify said dwelling place.
(B) Prior to granting any such request under this section, the Zoning Board of Appeals specifically shall make the following findings of fact and apply the following standards:
(1) The use was originally constructed as a dwelling place and has continuously been occupied as a dwelling place;
(2) The use currently is occupied as a dwelling place by the owner, or, if not occupied by the owner, then the premises shall not be leased or rented for monetary gain;
(3) By reason of original construction, current condition, or as part of the proposed changes, the use will have electrical and sanitation facilities meeting the requirements of this chapter and any applicable building codes;
(4) By reason of original construction, current condition, or proposed change, the use will meet the building code requirements set forth by this chapter and any building code applicable to the type of use and district;
(5) The use adequately is serviced by public utilities and private or public highways or roads;
(6) The proposed changes will materially and substantially benefit the use as a dwelling place and/or make the use more in conformity with the provisions of this chapter and any building code; and
(7) The proposed changes will not have an adverse effect upon the uses in the general vicinity by creating new or different violations of this chapter.
(D) All applications under this section shall be accompanied by complete plans and specifications of the proposed improvements to the existing dwelling, or new unit, if substitution of the dwelling is requested.
(E) All applications under this section shall be submitted on forms provided by the township.
(Ord. 5, passed 1-18-1973)