Except as specifically provided in this subchapter, it shall be unlawful for any person to engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation.
(A) A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this chapter, or adoption of ordinances repealed by this chapter, was manifestly designed or arranged to accommodate these uses. However, a nonconforming use may not be extended to additional buildings or to land outside the original buildings.
(B) A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming, except that a use that involves the removal of natural materials from the lot (e.g., a quarry) may be expanded to the boundaries of the lot where the use was established at the time it became nonconforming, if 10% or more of the earth products had already been removed at such time that zoning was adopted at the same location.
(C) Where a nonconforming situation exists, the equipment or processes may be changed if these or similar changes amount only to changes in degree or activity rather than changes in kind and no violations of other sections of this chapter occur.
(D) Physical alteration of structures or the placement of new structures on open land are unlawful if they result in:
(1) An increase in the total amount of space devoted to a nonconforming use; and/or
(2) Greater nonconformity with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements.
(E) Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged.
(Ord. passed 10-17-2011) Penalty, see § 153.999