(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 (D) 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, subject to § 157.177 of this subchapter (authorizing the completion on nonconforming projects in certain circumstances), a nonconforming use may not be extended to additional buildings or to land outside the original building.
(C) Subject to § 157.177 of this chapter (authorizing the completion of nonconforming projects in certain circumstances), a nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming.
(D) 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 of activity and no violations of other paragraphs of this section occur.
(E) 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; or
(3) The enclosure of previously unenclosed area, even though those areas were previously used in connection with the nonconforming activity. An area is unenclosed unless at least 75% of the perimeter of the area is marked by a permanently constructed wall or fence.
(F) Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. Major renovations -- i.e., work estimated to cost more than 10% of the appraised value of the structure to be renovated (and not required by the partial or total destruction of a structure [see division (H) below of this section] -- may be done pursuant to a special use permit issued by the Board of Adjustment. The Board of Adjustment shall issue such a permit if it finds that the work will not result in a violation of any other divisions of this section (particularly division (C)) or make the property more incompatible with the surrounding neighborhood.
(G) Notwithstanding division (E) above, 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 with respect to yard size and setback requirements. In particular, a manufactured/mobile home may be replaced with a larger manufactured/mobile home, and a "single-wide" manufactured/mobile home may be replaced with a "double-wide." This paragraph is subject to the limitations stated in § 157.175 on abandonment and discontinuance of nonconforming situations.
(H) 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, except that a larger, single-family residential structure may be constructed in place of a smaller one and a larger manufactured/mobile home intended for residential use may replace a smaller one;
(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 they 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, even though those areas were used in connection with the nonconforming activity. An area is unenclosed unless at least 75% or more of the perimeter of the area is marked by a permanently constructed wall or fence.
(4) Except for single-family residential structures (including mobile homes), if the estimated cost of the reconstruction work exceeds 10% of the appraised value of the structure, the work may be done only after issuance of a special use permit by the Board of Adjustment. The Board shall issue the permit if it finds that the work will be done in accordance with this paragraph and that the reconstructed building will not make the property more incompatible with the surrounding property than it was before the destruction occurred.
(Ord. passed 6-21-2021)