CONTENTS

ARTICLE XII NONCONFORMITIES

12.1 PURPOSE

It is the purpose of this section to provide for the regulation of uses, structures and lots that do not, at the time of adoption of this ordinance, conform to the requirements of this ordinance. The provisions of this section shall govern such uses.

12.2 NONCONFORMING USES

No nonconforming use of a structure or land shall be enlarged, expanded, extended, or altered except in conformance with the provisions of this section.

A. Maintenance of Nonconforming Use Buildings. Nothing in this ordinance shall prevent any such necessary repairs and incidental alterations of a building which contains a nonconforming use on the effective date of this ordinance as may be necessary to secure a reasonably advantageous use thereof during its natural life.

B. Completion of Nonconforming Buildings Containing Nonconforming Uses. Nothing in this ordinance shall require any change in the construction or intended use of a building or structure; the construction of which shall have been substantially underway on the effective date of this ordinance.

C. Damage or Total Destruction of Nonconforming Uses. Any building or structure which contains a nonconforming use shall not be reconstructed if destroyed by explosion, fire or other acts of God to the extent of 50% or greater of its SEV.

D. Alterations. A building or structure containing a nonconforming use may not be reconstructed or remodeled during its natural lifetime if the aggregate cost of such reconstruction or remodeling exceeds 25% of the fair market value of the building as determined by a qualified appraiser, unless the use within the building or structure is changed to a conforming use. No such reconstruction or remodeling shall increase the available floor area of the nonconforming structure.

E. Discontinuance of a Nonconforming Use. If a property owner has intent to abandon a nonconforming use or structure and in fact abandons this nonconforming use or structure for a period of one (1) year, then any subsequent use of the property or structure shall conform to the requirements of this Ordinance. When determining the abandonment of a nonconforming use or structure, the Zoning Administrator shall consider all of the following factors:

1. Whether utilities, such as water, gas, and electricity to the property have been disconnected.

2. Whether the property, buildings, and grounds have fallen into disrepair.

3. Whether signs or other indications of the existence of the nonconforming use have been removed.

4. Whether equipment or fixtures necessary for the operation of the nonconforming use have been removed.

5. Other information or actions that evidence an intention on the part of the property owner to abandon the nonconforming use or structure.

F. Change of Nonconforming Use. If no structural alterations are made, the Board of Appeals may authorize a change from one (1) 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 that 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 a nonconforming or less conforming use.

G. Expansion or Extension. The Zoning Board of Appeals may authorize the expansion or extension of a nonconforming use, provided the expansion or extension will not increase the size of the building or parking requirements of the use, will not change the appearance of the use from either a residential area or a public street, and, in the judgment of the Zoning Board of Appeals, will have no adverse effects on adjoining uses and properties.

12.3 NONCONFORMING STRUCTURES

It is the intent of this Ordinance to allow the continuation of nonconforming structures that contain conforming uses and to allow the removal, replacement, expansion and alteration of those nonconforming structures, provided such replacement; expansion or alteration does not increase any dimensional nonconformity and complies fully with Benzie County’s building code requirements.

12.4 SUBSTANDARD LOTS

Any lot that was of record as of the effective date of this ordinance may be used for a permitted principal use even though the lot area and/or the dimension is less than required by the district provided, the other dimensional requirements of the district are satisfied and no contiguous land is owned by the owner of the lot in question or was owned at the time of adoption of this ordinance.