Where a lawful structure exists at the effective date of adoption or amendment of any provision of the Zoning Code that could not be built under the terms of said provision by reason of restrictions on size, height, setbacks, or lot coverage, such structure may be continued so long as it remains otherwise lawful, provided:
(a) No such nonconforming structure may be enlarged, altered, or reconstructed in a way which increases its nonconformity, but any such structure may be altered to decrease its nonconformity, except as otherwise provided below;
(b) Should such nonconforming structure be destroyed by fire or other casualty to an extent of more than sixty-six percent (66%) of the structure, as calculated by the Village Engineer utilizing the footprint of the building measured around its perimeter and including all levels of the structure, the remainder of the building shall be demolished and shall not be reconstructed except in conformity with the provisions of the Zoning Code;
(c) Should the owner of the property intentionally demolish more than fifty percent (50%) of the area of the structure, as calculated by the Village Engineer utilizing the footprint of the building measured around its perimeter and including all levels of the structure, the remainder of the building shall be demolished and shall not be reconstructed except in conformity with the provisions of the Zoning Code;
(d) If a nonconforming structure becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official 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;
(e) Any structure which is nonconforming solely because of its encroachment in a required setback area may be extended in any lawful manner that does not further encroach in that setback.
(Ord. 2011-14. Passed 4-9-12.)