Purpose. The purpose of this article is to define and regulate different types of nonconformities with the intent that ultimately most nonconformities will be eliminated or brought into compliance with the requirements of this chapter.

Classification of nonconformities. An existing building, structure, use, or lot legally established prior to the effective date of this chapter, or subsequent applicable amendments thereto, that does not conform to one or more of the regulations currently applicable to the zoning district in which the building, structure, use or lot is located shall be classified as a nonconformity and subjected to the regulations of this article.

Interpretations. The regulations for nonconforming uses shall apply not only to the principal building but also to all accessory buildings or structures located on the same lot. In addition, the regulations of this article pertaining to a building occupied by a nonconforming use shall apply not only to a building which is completely occupied by such a use but shall also apply to a building in which the nonconforming use occupies only a portion of the building.

Evidence of legal status. The evidence of the legal status of nonconformity shall be supplied by the owner of the property upon request of the Zoning Administrator. Owners who fail to present sufficient evidence to indicate that the nonconformity was lawfully established at some point may be denied the rights and privileges granted by this article and may subject the owner to enforcement proceedings by the Village in order to obtain full compliance with this chapter. An owner of record seeking to establish the legal status of a nonconformity shall provide documentation, in a form acceptable to the Zoning Administrator, of the following:

Continuation. Any legal nonconformity may be continued under this article but shall be subject to full compliance with the other applicable provisions of this article.

Additions or enlargements to nonconforming buildings or structures shall be permitted, provided that no such addition or enlargement increases an existing nonconformity or creates a new nonconformity.

Any nonconforming use of a building shall not be expanded into any other portion of the building.

A nonconforming use shall not be expanded or moved to any other part of a lot.

Required by law or a regulatory authority pursuant to law;

The alteration will result in the elimination of the nonconformity;

A building in a residential district containing nonconforming residential uses is being altered to improve the livability, provided that the structural alterations shall not increase the number of dwelling units or increase the nonconformity; or

Routine repairs and maintenance on nonconforming buildings or structures shall be permitted.

If a nonconforming building or structure or building containing a nonconforming use is damaged or destroyed, by any means, to the extent of 50% or more of its fair market value, based on the valuation of the township assessor, then it shall not thereafter be reconstructed or repaired unless in full compliance with the provisions of this chapter.

In the event the damage or destruction is less than 50% of its fair market value, the building or structure may then be restored to its preceding condition and the occupancy and use of the building or structure which existed at the time of the damage may be continued, provided that the restoration is completed within 12 months of the date of damage or destruction.