A lawful use of land, structure or a lawful use of land and
structure in combination exactly as such existed before the date of
adoption of this amendment may be continued, as hereinafter provided,
as a nonconforming use or a nonconforming structure.
Maintenance and repairs of a building or other structure continuing
a nonconforming use is permitted, provided that such repairs do not
extend the area or volume of space occupied by the nonconforming use.
Any building or other structure containing residential nonconforming
uses may be altered in any way to improve its livability, provided
that no such alteration may be made which will increase the number
of dwelling units or volume of the building.
A nonconforming use may be changed only to a conforming use.
A nonconforming use may not be extended to displace a conforming use,
nor may a building or structure, regardless of the conformity or ownership,
be combined with another building or structure for the purpose of
extending an existing nonconforming use or creating a different nonconforming
use; provided, however, one nonconforming use may be substituted for
an existing nonconforming use when the Zoning Board of Appeals finds
the proposed substituting use to be less nonconforming than the existing
use.
A nonconforming use, building or structure damaged by fire,
casualty, or act of God may be restored, reconstructed and used as
before, provided that the volume of such use, building or structure
may not exceed the volume which existed prior to such damage and that
any such restoration or reconstruction be substantially completed
within one year of the occurrence of the damage.
A nonconforming use or structure shall be deemed to be permanently
discontinued when such use has been discontinued or such building
has been unused for a period of one year.
A single-family detached dwelling may be erected on a vacant nonconforming lot located in a residentially zoned district either pursuant to the provisions of § 380-12.07D, when connected to municipal water and wastewater systems or on a lot having an approved on-site wastewater permit issued by the Berrien County Health Department, provided the dwelling conforms to area and the following yard setback requirements:
