(A) Except as provided below, nonconforming uses shall not be extended, enlarged or replaced.
(1) Any single-family residential nonconforming use (which may be a manufactured or modular home) may be enlarged or replaced with a similar single-family residential structure of the same size or of a larger size, so long as the enlargement or replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to setback requirements.
(2) A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by the UDO, was manifestly designed or arranged to accommodate the use. However, a nonconforming use may not be extended to additional buildings or to land outside the original building unless specifically authorized in accordance with § 161.07.
(3) 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 sand pit) may be expanded to the limits of the site plan upon which the mining permit was granted if 10% or more of the natural materials had already been removed on the effective date of the UDO.
(4) The volume, intensity or frequency of use of property where a nonconforming use exists may be increased and the equipment or processes used at a location where a nonconforming use exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind or use and no violations of other sections of the UDO occur.
(Ord. passed 7-25-2011)