(A)
Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of non-conformity of a non-conforming situation. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in:
(1) An increase in the total amount of space devoted to a non-conforming use; or
(2) 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) Subject to division (D) below, a non-conforming use may be extended throughout any portion of a completed building that, when the use was made non-conforming by this chapter, was manifestly designed or arranged to accommodate such use. In addition, a non-conforming use may be extended to additional buildings located on the premises or to unimproved land outside the original building or the additional buildings upon the issuance of a special use permit by the Board of Adjustment which authorizes such additional non-conforming use. Review and action on said special use permit shall be based on the criteria contained in § 153.347.
(C) Subject to § 153.037, a non-conforming use of open land may not be extended to cover more land than was occupied by that use when it became non-conforming; except that, a use that involves the removal of natural materials from the lot (e.g., a quarry) may be expanded to the boundaries of the lot where the use was established at the time it became non-conforming if 10% or more of the earth products had already been removed at the effective date of this chapter.
(D) The volume, intensity or frequency of use or property where a non-conforming situation exists may be increased, and the equipment or processes used at a location where a non-conforming 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 paragraphs of this section occur.
(E) Notwithstanding division (A) above, any stick-built structure used for single-family residential purposes (other than manufactured homes) and maintained as a non-conforming 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 non-conformities or increase the extent of existing non-conformities with respect to such matters as setback and parking requirements. With the following exceptions, manufactured homes used for single-family residential purposes may be enlarged or replaced in accordance with this division (E); provided, however, said enlargement or expansion in the case of those manufactured homes that have remained vacant beyond the 180-day discontinuance period shall be prohibited by this chapter. This division (E) is subject to the limitations stated in § 153.036. These exceptions are as follows.
(1) Manufactured homes on individual lots in any commercial, office and institutional district may not be replaced by another manufactured home of any class.
(2) Manufactured homes on individual lots in the R-10 and R-15 Zoning Districts may only be replaced by Class A manufactured homes on permanent foundations with brick or masonry underpinning.
(F) (1) Notwithstanding division (A) above, whenever:
(a) There exists a lot with one or more structures on it;
(b) A change in use that does not involve any enlargement of a structure is proposed for such lot; and
(c) The parking requirements of §§ 153.205 through 153.217 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, then the proposed use shall not be regarded as resulting in an impermissible extension or enlargement of a non-conforming situation.
(2) However, the applicant 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 § 153.214 if:
(a) Parking requirements cannot be satisfied on the lot with respect to which the permit is required; and
(b) Such satellite parking is reasonably available.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)