(A) Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activity:
(1) An increase in the total amount of space devoted to a nonconforming use; or
(2) Greater nonconformity with respect to dimensional restrictions such as setback requirements, height limitations, density requirements, or other requirements such as parking requirements.
(B) Subject to division (D) below, 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 § 152.177, a nonconforming use may not be extended to additional buildings or to land outside the original building.
(C) Subject to § 152.177, 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 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 on the effective date of this chapter.
(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, and if no violations of other divisions of this section occur.
(E) Notwithstanding division (A) above, any structure used for single-family residential purposes and maintained as a nonconforming use may be enlarged or replaced with a similar structure 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 such matters as setback and parking requirements. This division (E) is subject to the limitations stated in § 152.176.
(F) Notwithstanding division (A) above, whenever there exists a lot with one or more structures on it, and a change in use that does not involve any enlargement of a structure is proposed for such lot, and the parking or loading requirements of §§ 152.460 through 152.471 that would be applicable as a result of the proposed change cannot be satisfied on such lot because there is not sufficient area available on the lot that can practicably be used for parking or loading, then the proposed use shall not be regarded as resulting in an impermissible extension or enlargement of a nonconforming situation. The applicant, however, shall be required to comply with all applicable parking and loading requirements that can be satisfied without acquiring additional land, and shall also be required to obtain satellite parking in accordance with § 152.468 if parking requirements cannot be satisfied on the lot with respect to which the permit is required, and such satellite parking is reasonably available. If such satellite parking is not reasonably available at the time the zoning or special or conditional use permit is granted, then the permit recipient shall be required to obtain satellite parking, if and when, such satellite parking does become reasonably available. This requirement shall be a continuing condition of the permit.
(Ord. passed 12-20-2001) Penalty, see § 152.999