(A) Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of a nonconformity situation.
(B) A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this chapter, was manifestly designed or arranged to accommodate such use. However, a nonconforming use may be extended to additional buildings or to land outside the original building only in accordance with division (E) of this section.
(C) A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming only in accordance with division (E)of this section.
(D) The volume, intensity, or frequency of use of property where a nonconforming situation exists may be increased and the equipment or processes used at a location where a nonconforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other divisions of this section occur.
(E) Subject to division (F) of this section, the following special use is permitted when authorized by the City Council after the Council holds a public hearing. Each request must be reviewed by the Planning Board and the Board's recommendations and comments will be presented in writing at the public hearing and included in the minutes of the meeting.
(1) A structure within which a nonconforming use is conducted to be enlarged; or
(2) Additional structures to be built on the lot where the non-conforming use is located, within which structures the nonconforming use can be enlarged; or
(3) A nonconforming use of land to be extended beyond geographical bounds in which it has been conducted.
(F) The City Council may issue the permit described in division (E) only if it finds that:
(1) The action authorized would not adversely affect the health or safety of persons residing or working in the neighborhood of the nonconforming use; and
(2) The action authorized would not substantially impair the value of nearby properties; and
(3) No useful purpose would be served by the strict application of the provisions or requirements of this chapter to which the use does not conform.
(Ord. 91-19, 8-19-91; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)