(A) Nonconforming uses existing at the time this code was passed, or at the time a subsequent amendment creates the nonconforming use, may enlarge the building which housed the nonconforming use at the time this code was passed, or at the time a subsequent amendment creates the nonconforming use, and extend within such enlargement, provided that:
(1) The enlargement becomes an attached part of the main structure and does not utilize additional or adjoining land area other than the original parcel.
(2) The enlargement meets all requirements of this code, including but not limited to setback and yard requirements.
(3) The enlargement is for the purpose of expanding the area housing the use which existed at the time this code was passed, or at the time a subsequent amendment creates the nonconforming use.
(4) The enlargement and extension does not:
(a) Adversely affect the health, safety, and welfare of persons residing or working in the district;
(b) Cause a depreciation of the value of other property and uses permitted in the district;
(c) Significantly increase traffic congestion;
(d) Adversely affect the privacy of persons residing in the immediate vicinity;
(e) Increase the hazard in the area of fire, offensive noise, smoke, dust, debris, or other objectionable influences;
(f) Adversely affect any recreational, institutional, or other authorized use;
(g) Inhibit the desirability, feasibility, or likelihood of future residential or commercial development or expansion in the immediate vicinity; or
(h) Occur in a residential zoned district.
(5) The enlargement or expansion brings all off-street parking requirements into conformity.
(6) The Board of Zoning Appeals may impose such other reasonable restrictions upon the proposed expansion as deemed necessary to protect the health, safety, and welfare of persons residing within the vicinity of the nonconforming use.
(B) Enlargement or extension approval shall be void if construction work does not begin within one year from the date of approval, or if work is suspended or abandoned for a period of 90 days at any time after the work is commenced.
(C) All enlargement or extension of a nonconforming use must comply with the applicable floodplain management requirements.
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999