(A) Any building which is nonconforming solely because of its encroachment in a required yard area may be extended or enlarged as provided in this section.
(B) Any other activity that causes an increase in the extent of nonconformity of a nonconforming situation shall be unlawful except as provided in this section.
(1) Subject to division (B)(3) 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 the use.
(2) 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 quarry) 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 at the effective date of this chapter.
(3) 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.
(4) Physical alteration of structures or the placement of new structures on open land are unlawful if they result in:
(a) An increase in the total amount of space devoted to a nonconforming use;
(b) Greater nonconformity with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements; except that existing structures that are nonconforming only in regard to encroachment into setback requirements may be enlarged with the expansion occupying the same degree of encroachment in the required setback yard as the existing structure;
(c) The enclosure of previously unenclosed areas, even though those areas were previously used in connection with the nonconforming activity; except that existing structures that are nonconforming only in regard to encroachment into setback requirements may be enlarged with the expansion occupying the same degree of encroachment in the required setback yard as the existing structure. An area is unenclosed unless at least 75% of the perimeter of the area is marked by a permanently constructed wall or fence.
(5) Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged.
(6) Any structure used for single-family residential purposes and maintained under a nonconforming use status may be enlarged or 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. In particular, a mobile home may be replaced with a larger mobile home, a “single-wide” mobile home may be replaced with a “double-wide.” This division (B)(6) is subject to the limitations stated in § 154.160 regarding abandonment and discontinuance of nonconforming situations.
(7) 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:
(a) 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 mobile home intended for residential use may replace a similar one;
(b) The reconstructed building may not be more nonconforming with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements, and the 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 the building;
(c) 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 shall be deemed to have been unenclosed unless at least 75% or more of the perimeter of the area contained a permanently constructed wall; and
(d) A building permit is obtained from the Town Administrator or designees within one year from the time the damage or destruction took place.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021) Penalty, see § 154.999