§ 156.058. NON-CONFORMING LOTS OF RECORD.

The following regulations shall apply to any non- conforming lot of record or non-conforming lot described in a deed or land contract executed and delivered prior to the effective date of this chapter or amendment thereto.

(A) Use of non-conforming lots. Any non- conforming lot shall be used only for a use permitted in the district in which it is located. Notwithstanding limitations imposed by other provisions of this chapter, a permitted use may be erected on any single lot of record in existence at the effective date of adoption or amendment thereto, unless such use has been restricted by a prior affidavit recorded with the Ingham County Register of Deeds or as evidenced in the records of the township. This provision shall apply even though the lot fails to meet the requirements for area or width, or both, provided that the lot can be developed as proposed without any significant adverse impact on surrounding properties or the public health, safety and welfare.

(B) Variance from area and bulk requirements. If the use of non-conforming lot requires a variance from the area or bulk requirements, then such use shall be permitted only if a variance is granted by the Zoning Board of Appeals.

(C) Non-conforming contiguous lots under the same ownership. If two or more lots or combination of lots with contiguous frontage in single ownership are of record at the time of adoption or amendment of this chapter, and if all or part of the individual lots do not meet the requirements established for lot width and area, the lots involved shall be considered to be an individual parcel for the purposes of this chapter. No portion of the parcel shall be used, occupied or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of a parcel be made which creates a lot with width or area less than the requirements stated in this chapter. These provisions shall not apply to contiguous lots in single ownership where each of the lots is occupied by an existing home.

(D) Combination of non-conforming lots. The Township Assessor may permit the combination, in whole or in part, of non-conforming lots of record into building sites less than the size requirements established by this chapter; provided that, the combination of lots reduces the degree of nonconformity and results in a parcel which is capable of accommodating a structure that is in conformance with the building area and setback requirements of this chapter.

(Ord., § 3.04, passed - -)