§ 158.077  EXTENSION OR ENLARGEMENT OF NON-CONFORMITIES.
   (A)   Prohibition on enlargement of non-conformity. Except as specifically provided in this section, no person may engage in an activity that causes or facilitates an increase in the extent or scope of a non-conformity, including, but not limited to, physical alteration of structures or the placement of new structures on open land if such activity results in:
      (1)   An increase in the total amount of space or building area devoted to a non-conforming use; or
      (2)   A greater non-conformity with respect to dimensional restrictions such as setback requirements, height limitations or density requirements or other requirements such as parking requirements.
   (B)   Prohibition on expansion of area of non-conformity. Except as otherwise provided in this section, a non- conformity may not be expanded to cover more land than was occupied by that non-conformity when it became non-conforming, or such reduced area to which the non-conformity may have been lawfully converted as provided herein.
   (C)   Prohibition on increase of intensity of non-conformity. The volume, intensity or frequency of use of the property, where a non-conformity exists, may not be increased and the equipment or processes used at a location where a non-conformity exists may not be changed if these or similar changes cause an increase in the degree of activity.
(Ord. 3399, passed 12-5-2005)