ARTICLE V

NON-CONFORMING STRUCTURES AND LOTS

SECTION 5.1. NON-CONFORMANCE REGULATED.

Any lawful use of the land or buildings existing at the date of passage of this Ordinance and located in a district in which it would not be permitted as a new use under the regulations of this Ordinance, is hereby declared to be a "non-conforming use" and not in violation of this Ordinance; provided, however, that a non-conforming use shall be subject to, and the owner comply with, the regulations of this Article.

SECTION 5.2. NON-CONFORMING USES OF LAND.

Where at the time of passage of this Ordinance lawful use of land exists which would not be permitted by the regulations imposed by this Ordinance, and where such 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. No such non-conforming use shall 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. No such non-conforming use shall 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 any such non-conforming use of land ceases for any reason for a period of more than six (6) months, such land shall conform to the regulations specified by this Ordinance for the district in which such land is located. This shall not apply to seasonal uses such as farm produce stands.

D. No additional structure not conforming to the requirements of this Ordinance shall be erected in connection with such non-conforming use of land.

SECTION 5.3. NON-CONFORMING USES OF STRUCTURES.

If lawful use involving individual structures with a State Equalized Valuation of five hundred ($500.00) dollars or more or of structure and premises in combination, exists at the effective date of adoption of this Ordinance that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

A. No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

B. If any such non-conforming use of a structure ceases for any reason for a period of more than six (6) months, such use shall conform to the regulations specified by this Ordinance for the district in which such use is located.

C. Any non-conforming 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 amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building.

D. If no structural alterations are made, any non-conforming use of a structure, or structure and premises, may be changed to another non- conforming use provided that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. Whenever a non-conforming use has been changed to a conforming use, or to a use permitted in a more restricted district, it shall not thereafter be changed to a non- conforming use or a use not permitted in the more restricted district.

E. Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the entire structure shall eliminate the non-conforming status of land.

SECTION 5.4. NON-CONFORMING STRUCTURES.

Except as allowed under Sections 5.12 and 5.13, where a lawful structure exists at the effective date of adoption of this Ordinance 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 as long as it remains otherwise lawful, subject to the following provisions:

A. No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.

B. If any such non-conforming structure ceases being used for any reason for a period of more than six (6) months, any subsequent use of such structure shall conform to the regulations specified by this Ordinance for the district in which such structure is located.

SECTION 5.5. NON-CONFORMING LOTS OF RECORD.

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on a single lot of record and may be utilized for single-residence purposes, provided that the lot size meets County health standards.

The purpose of this provision is to permit utilization of recorded lots which lack adequate required width or depth as long as reasonable living standards can be provided. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. An application for such construction shall be submitted to the Building Inspector and must be approved by both the Building Inspector and the Ingham County Health Department prior to issuance of any permit. If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Ordinance, and if all or part of such lots do not meet the requirements in Article VIII for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Ordinance, and no portion of said parcel shall be used or sold in any manner which diminishes compliance with lot width and area requirements established by this Ordinance, nor shall any division of any parcel be made which creates lot width or area below the requirements stated in this Ordinance.

SECTION 5.6. REPAIRS AND MAINTENANCE.

On any non-conforming structure or portion of a structure containing a non-conforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding the current State Equalized Valuation multiplied by a factor of two (2) of the non-conforming structure or non-conforming portion of the structure as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased. If a non- conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to a lack of repairs and maintenance, and is declared by the Building Inspector to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

SECTION 5.7. RECONSTRUCTION OF DAMAGED NON-CONFORMING BUILDINGS AND STRUCTURES.

Nothing in this Ordinance shall prevent the reconstruction, repair, or restoration and the continued use of any non-conforming building or structure damaged by fire, collapse, explosion, acts of God or acts of public enemy, subsequent to the effective date of this Ordinance, wherein the expense of such reconstruction does not exceed the State Equalized Valuation multiplied by a factor of two (2) of the entire building or structure at the time such damage occurred; and provided that such restoration and resumption shall take place within six (6) months of the time of such damage and that it be completed within one (1) year from time of such damage, and provided further, that said use be identical with non-conforming use permitted and in effect directly preceding said damage. Where pending insurance claims require an extension of time, the Building Inspector may grant a time extension provided that the property owner submit a certification from the insurance company attesting to the delay. Until such time as the debris from the fire damage is fully removed, the premises shall be adequately fenced or screened from access by children who may be attracted to the premises.

SECTION 5.8. MOVING.

No non-conforming building or structure shall be moved in whole or in part to another location unless such building or structure and the off-street parking spaces, yard and other open space provided are made to conform to all the regulations of the district in which such building or structure is to be located.

SECTION 5.9. CHANGE OF TENANCY OR OWNERSHIP.

There may be a change in tenancy, ownership or management of an existing non-conforming use, provided that there is no change in the nature or character of such non-conforming use.

SECTION 5.10. CERTIFICATE OF OCCUPANCY FOR NON-CONFORMING USES.

A. At any time after the adoption of this Ordinance should the Township become aware of a non-conforming use, the owner of said non-conforming use shall be notified by the Township Clerk of the provisions of this Section, and that his property constitutes a non-conforming use. Within thirty (30) days after receipt of said notice, the owner shall apply for and be issued a Certificate of Occupancy for the non- conforming use. The application for such Certificate shall designate the location, nature, and extent of the non-conforming use and such other details as may be necessary for the issuance of the Certificate of Occupancy. If the owner of a non-conforming use fails to apply for a Certificate of Occupancy within thirty (30) days after receipt of the foregoing notice, the use ceases to be non-conforming and is hereby declared to be in violation of this Ordinance. The Township Clerk and the Township Attorney shall take appropriate action to enjoin such violation.

If the Building Inspector shall find, upon reviewing the application for a Certificate of Occupancy, 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 the Zoning Ordinance in effect at the time of construction or alteration, he shall not issue the Certificate of Occupancy but shall declare such use to be in violation of this Ordinance.

B. After the adoption of this Ordinance, or any amendments thereto, the Building Inspector shall prepare a record of all known non-conforming uses and occupations of lands, buildings and structures, including tents and trailer coaches, existing at the time of such ordinance or amendment. Such record shall contain the names and addresses of the owners of record of such non-conforming use and of any occupant, other than the owner, the legal description of the land, and the nature and extent of use. Such list shall be available at all times in the office of the Township Clerk.

SECTION 5.11. PLANS ALREADY FILED.

In any case where plans and specifications for a building or structure have been filed, which would conform with the zoning regulations effective at the date of such filing but not with the regulations of this Ordinance, and where a building permit for such building or structure has been issued and construction work started at the effective date of this Ordinance, such work may proceed provided it is completed within one (1) year of said date.

SECTION 5.12. NON-CONFORMING HISTORIC STRUCTURES.

Historic buildings and structures built or located in 1930 or before may be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of this ordinance, provided such expansion, enlargement, extension or location is approved by the Zoning Board and further subject to site plan approval in accordance with Section 4.38 Site Plan Review and Approval. In approving or disapproving site plans, the Zoning Board shall consider off-site impacts of the structure on abutting and surrounding uses, especially residences.

SECTION 5.13 NON-CONFORMING FARMS

Buildings, structures and uses on non-conforming farms may be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of this ordinance, provided such expansion, enlargement or extension is approved by the Zoning Board and further subject to site plan approval in accordance with Section 4.38 Site Plan Review and Approval. In approving or disapproving site plans, the Zoning Board shall consider off-site impacts of the farm on abutting and surrounding uses, especially residences.

ARTICLE VI

OFF-STREET PARKING AND

LOADING REQUIREMENTS

SECTION 6.1. REQUIRED OFF-STREET PARKING, GENERAL.

Off-street parking in conjunction with all land and building uses shall be provided as herein prescribed:

A. For the purposes of this Article, three hundred (300) square feet of lot area shall be deemed a parking space for one (1) vehicle, including access aisle except that the standard shall be three hundred twenty- five (325) square feet where parking is perpendicular to the access aisle, and except that one hundred eighty (180) square feet of lot area which has a direct means of ingress and egress from an alley or street may also be deemed a parking space.

B. When units or measurements determining number of required parking spaces result in requirement of a fractional space, any fraction up to, and including one-half shall be disregarded and fractions over one-half shall require one (1) parking space.

C. The minimum number of off-street parking spaces shall be determined in accordance with the following table in Section 6.2. For uses not specifically mentioned therein, off-street parking requirements shall be interpreted by the Board of Zoning Appeals from requirements for similar uses.

D. Any area once designated as required off-street parking shall never be changed to any other use unless and until equally required facilities are provided elsewhere. Off-street parking existing at the effective date of this Ordinance in connection with the operation of an existing building or use shall not be reduced to an amount less than would hereinafter be required for such building or use.

E. Required off-street parking shall be for the use of occupants, employees, visitors, and patrons and shall be limited in use to motor vehicles. The storage of merchandise, motor vehicles for sale, or the repair of vehicles is prohibited. All off-street parking, whether public or private, for non-residential uses shall be either on the same lot or within three hundred (300) feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot.

F. A residential off-street parking space shall consist of a parking strip, garage, or a combination thereof and shall be located on the premises it is intended to serve and not closer than three (3) feet from any street lot line.

G. Nothing in this Article shall be construed to prevent collective provision of off-street parking facilities for two or more buildings or uses, provided such facilities collectively shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the table.

H. In stadiums, sports arenas, churches and other places of assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each twenty-four (24) inches of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements for off-street parking facilities under this Article.

SECTION 6.2 PARKING REQUIREMENTS FOR AGRICULTURAL USES.

An adequate amount of parking for temporary or permanent bonafide agriculturally-related activities as defined herein, shall be required at the discretion of the Zoning Administrator. For temporary parking, such as for seasonal temporary labor, the parking lot standards of Section 6.4 may be relaxed at the discretion of the Zoning Administrator.

SECTION 6.3. TABLE OF OFF-STREET PARKING REQUIREMENTS.

The amount of required off-street parking space for new uses or buildings, additions thereto, and additions to existing buildings as specified above shall be determined in accordance with the following table, and the space so required shall be stated in the application for a building permit and shall be irrevocably reserved for such use and/or shall comply with the initial part of this Section.

 

 

Use

 

 

Number of Minimum Parking

Spaces Per Unit of Measure

(a) Residential

 

 

 

 

1. Residential, One-Family and Two-Family

 

 

Two (2) for each dwelling unit.

2. Trailer Park and Mobile Home Courts

 

 

Two (2) for each trailer or mobile home site and one (1) for each employee of the trailer or mobile home court.

3. Bed-n-Breakfast Inns and Tourist Homes

 

 

One (1) for each sleeping room.

4. Residential Care Facility

 

 

One (1) for each non-resident employee, plus one (1) for each three (3) beds.

(b) Institutional

 

 

 

 

1. Churches, Temples or Synagogues

 

 

One (1) for each three (3) seats, based on maximum seating capacity in the main unit or workshop.

2. Private Clubs or Lodge Hall

 

 

One (1) for each three (3) persons allowed within the maximum occupancy load as established by local County, or State fire, building, or health code.

3. Private Golf Clubs, Swimming Pool Clubs, Tennis Clubs, or Other Similar Uses

 

 

One (1) for each two (2) member families or individuals.

4. Golf Courses open to the public, except miniature or "par 3" courses

 

 

Six (6) for each one (1) golf hole and one (1) for each one (1) employee.

5. Stadium, Sports Arena, or similar place of outdoor assembly

 

 

One (1) for each three (3) seats or six (6) feet of benches.

6. Theaters and Auditoriums (indoor)

 

 

One (1) for each three (3) seats plus one (1) for each two (2) employees.

7. Libraries, Museums, and Non-Commercial Art Galleries

 

 

One (1) for each four hundred (400) square feet of gross floor area.

© Business and Commercial

 

 

 

 

1. Automobile Service Stations

 

 

Two (2) for each lubrication stall, rack or pit; and one (1) for each employee.

2. Auto Wash

 

 

One (1) for each one (1) employee.

3. Beauty Parlor or Barbershop

 

 

Three (3) spaces for each of the first two (2) beauty or barber chairs, and one and one-half (1 ) spaces for each additional chair.

4. Bowling Alleys

 

 

Seven (7) for each one (1) bowling lane.

5. Dance Halls, Pool or Billiard Parlors, Roller or Ice Skating Rinks, Exhibition Halls and Assembly Halls without fixed seats

 

 

One (1) for each three (3) seats or one (1) for each one hundred (100) square feet of gross floor area.

6. Furniture and Appliance, Household Equipment, Repair Shops, Showroom of a Plumber, Decorator, Electrician or Similar Trade, Shoe Repair and Other Similar Uses

 

 

One (1) for each eight hundred (800) square feet of floor area, exclusive of the floor area occupied in processing or manufacturing for which requirements see industrial establishments below.

7. Laundromats and Coin Operated Dry Cleaners

 

 

One (1) for each two washing machines.

8. Miniature Golf Courses

 

 

Three (3) for each one (1) hole plus one (1) for each one (1) employee.

9. Mortuary Establishments

 

 

One (1) for each one hundred (100) square feet of gross floor area.

10. Motel, Hotel or Other Commercial Lodging Establishments

 

 

One (1) for each one (1) occupancy unit plus one (1) for each one (1) employee, plus extra spaces for dining rooms, ballrooms, or meeting rooms based upon maximum occupancy load.

11. Motor Vehicle Sales and Service Establishments, Trailer Sales and Rental, Boat Showrooms

 

 

One (1) for each four hundred (400) square feet of gross floor area of sales room.

12. Open Air Businesses

 

 

One (1) for each six hundred (600) square feet of lot area.

13. Restaurants:

 

 

 

 

a. Dining room including banquet areas

 

 

One (1) per sixty five (65) sq. ft. of usable floor area.

b. Carry Out Restaurant

 

 

One (1) per eighty (80) sq. ft. of usable floor area or ten (10) spaces, whichever is greater.

c. Fast Food with drive-through window

 

 

15.0 spaces per 1000 sq. ft. gross leasable floor area, or .6 spaces per seat, whichever is greater, plus 5.0 designated drive-through short term waiting spaces, plus 10.0 stacking spaces for drive-through service which do not conflict with use of required spaces, plus at least 2.0 longer spaces designated for recreational vehicles and semi-trucks.

d. Fast Food without drive-through window

 

 

17.0 spaces per 1,000 sq. ft. gross leasable floor area or 0.7 spaces per seat, whichever is greater.

14. Retail Stores, Except as Otherwise Specified Herein

 

 

One (1) for each two hundred (200) square feet of gross floor area.

(d) Offices

 

 

 

 

1. Business Offices or Professional Offices, including Banks. Except as Indicated in the following Item (2).

 

 

One (1) for each two hundred (200) square feet of gross floor area.

2. Medical or Dental Clinics, Professional Offices of Doctors, Dentists or Similar Professions

 

 

Ten (10) for the first doctor plus one (1) for each two hundred square feet of gross floor area.

(e) Industrial

 

 

 

 

1. Industrial or Research Establishments

 

 

One (1) for every one and one-half (1 ) employees in the largest working shift. space on-site shall also be provided for all construction workers during periods of plant construction.

2. Wholesale or Warehouse Establishments

 

 

One (1) for every one (1) employee in the largest working shift, or one (1) for every two thousand (2,000) square feet of gross floor area whichever is greater.

SECTION 6.4. OFF-STREET PARKING LOT LAYOUT, STANDARDS, CONSTRUCTION AND MAINTENANCE.

Wherever a parking lot is built as required off-street parking, such parking lot shall be designed, constructed, and maintained in accordance with the following standards and regulations.

A. The building of a parking lot is subject to the requirements for a building permit. The Building Inspector in reviewing the application may request the findings of the Township Engineer on the basis of the requirements, set forth in (B) through (L) below.

B. Each parking space shall constitute a net land area of at least one hundred eighty (180) square feet. The total parking lot space, including access lanes, shall constitute at least three hundred (300) square feet land area per parking space.

C. Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for vehicles.

D.

Where the parking lots abuts

a residential district

 

 

Required Setback of parking

spaces:

1. Side Lot Lines

 

 

Two (2) feet from such side lot line.

2. Contiguous Common Frontage in Same Block

 

 

Five (5) feet from the street lot line.

3. Rear Lot Line

 

 

None.

E. Bumper stops or wheel chocks shall be provided, so located as to prevent any vehicle from projecting over the lot line and to protect walls and landscape materials.

F. The parking lot shall be drained to eliminate surface water.

G. The surface of the parking lot, including drives and aisles shall be constructed of a concrete or asphalt surfacing. Lighting shall be arranged to reflect away from residential areas or public

rights-of-way.

H. Parking structures may be built to satisfy off-street parking requirements, when located in Commercial or Industrial zone districts, subject to the area, height, bulk and placement regulations of such districts in which located.

I. The surface of any parking area shall begin a minimum of twenty (20) feet from future right-of-way lines.

J. Automotive Sales Areas. Every parcel of land hereafter used as an automobile or trailer sales area or as an automobile service station shall be subject to the above requirements of this Section.

K. Plans for the layout of off-street parking facilities shall be in accordance with the following minimum requirements: (See illustration entitled "parking layouts".)

 

 

 

Parking Pattern

 

 

 

Maneu-

vering

Lane

Width

 

 

 

 

Parking

Space

Width

 

 

Total Width

of One Tier

of Spaces

Plus Maneu-

vering Lane

 

 

Total Width of

Two Tiers of

Spaces Plus

Maneuvering

Lane

0o (parallel parking)

 

 

12 ft.

 

 

8 ft.

 

 

20 ft.

 

 

28 ft.

30o to 50o

 

 

12 ft.

 

 

9 ft.

 

 

32 ft.

 

 

52 ft.

54o to 74o

 

 

15 ft.

 

 

9 ft.

 

 

36 ft. - 6 in.

 

 

58 ft.

75o to 90o

 

 

20 ft.

 

 

9 ft.

 

 

40 ft.

 

 

60 ft.

 

L. Off-street parking reserved for the handicapped shall be provided in accordance with the following table and identified by signs bearing the international symbol for the handicapped as being reserved for physically handicapped persons. A maximum of two (2) spaces may be designated by a single sign when the sign displays arrows specifically delineating each space. Signs shall be installed approximately seven (7) feet above grade. Each reserved parking space shall not be less than twelve (12) feet in width, or, in those cases in which the Zoning Board has approved a site plan which does not restrict the direction of parking, be not less than ninety-six (96) inches wide and be adjacent to an access aisle not less than sixty (60) inches wide.

Where a curb exists between a parking lot surface and a sidewalk surface, an inclined approach or a curb cut with a gradient of not more than one (1) foot in twelve (12) feet and a width of not less than four (4) feet shall be provided for wheelchair access. Parking spaces for the physically handicapped shall be located as close as possible to walkways and entrances. Signs shall be provided when necessary indicating the direction of travel to an accessible entrance.

 

Total Parking in Lot

 

 

Required Number of

Handicapped Spaces

Up to 25

 

 

1

25 to 50

 

 

2

51 to 75

 

 

3

76 to 100

 

 

4

101 to 150

 

 

5

151 to 200

 

 

6

201 to 300

 

 

7

301 to 400

 

 

8

401 to 500

 

 

9

501 to 1,000

 

 

2% of total

Over 1,000

 

 

20 plus 1 for each 100 over 1,000

SECTION 6.5. OFF-STREET LOADING AND UNLOADING.

On the same premises with every building, structure, or part thereof, erected and occupied for manufacturing, storage, warehousing, retailing, display, or other uses, similarly involving the receipt of distribution of vehicles or materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading, and unloading services adjacent to the opening used for loading and unloading, designed to avoid interference with public use of the street or alleys. Such loading and unloading space shall be an area in minimum twelve (12) feet in width by fifty (50) feet in length with a fifteen (15) foot height clearance, and shall be provided according to the following table:

 

Gross Floor Area

in Square Feet

 

 

Loading and Unloading Spaces Required

in Terms of Square Feet or Gross Floor Area

0 - 2,000

 

 

None

2,001 - 20,000

 

 

One Space

20,001 - 1000,000

 

 

One space plus one space for each 20,000 square feet in excess of 20,000 square feet.

100,001 - 500,000

 

 

Five spaces plus one space for each 40,000 square feet in excess of 100,000 square feet.

Over 500,000

 

 

Fifteen spaces plus one space for each 80,000 square feet in excess of 500,000 square feet.

No loading space shall be located closer than fifty (50) feet from any residentially zoned district within a completely enclosed building, or enclosed on all sides facing a residential zoning district by a solid masonry wall or ornamental fence of a type approved by the Zoning Board not less than six (6) feet in height.