(A) Except as specifically provided in this section 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.
(B) Subject to division (C) of this section, 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 not be extended to additional building or to land outside the original building.
(C) 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.
(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.
(2) Greater nonconformity with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements.
(3) The enclosure of previously unenclosed areas. An area is unenclosed unless at least 75% of the perimeter of the area is marked by a permanently constructed wall.
(E) Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged.
(F) Notwithstanding division (D) of this section, any structure used for single-family residential purposes and maintained as a nonconforming use may be replaced with a similar structure of a larger size, so long as the replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to yard size and setback requirements. This division is subject to the limitations stated in § 157.104 of this subchapter on abandonment and discontinuance of nonconforming situations.
(G) A structure that is nonconforming in any respect or a structure that is used in a nonconforming manner may be reconstructed or replaced if partially or totally destroyed subject to the following restrictions:
(1) The total amount of space devoted to a nonconforming use may not be increased.
(2) The reconstructed building may not be more nonconforming with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements, and such dimensional nonconformities must be eliminated if that can reasonably be accomplished without unduly burdening the reconstruction process or limiting the right to continue the nonconforming use of such building.
(3) The reconstructed building may not enclose areas that were previously unenclosed. An area is unenclosed unless at least 75% of the perimeter of the area is marked by a permanently constructed wall.
(4) Under no circumstances can a mobile or manufactured home in a nonconforming situation be replaced.
('85 Code, § 15-4.3) (Ord. 33, passed 10-5-81; Am. Ord. 4-90, passed 4-2-90; Am. Ord. 02-12, passed 10-14-02) Penalty, see § 157.999