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1) Except as specifically provided in this subsection, it shall be unlawful for any person to engage in any activity that causes an increase in the extent of non-conformity of a nonconforming situation.
2) Subject to paragraph (4) of this subsection, a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this ordinance, was manifestly designed or arranged to accommodate such use. However, subject to subsection 7.6 of this section (authorizing the completion of nonconforming projects in certain circumstances), a non-conforming use may not be extended to additional buildings or to land outside the original building.
3) Subject to subsection 7.6 of this section (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.
4) 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 paragraphs of this subsection occur.
5) 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; or
c) The enclosures of previously unenclosed areas, even though those areas were previously used in connection with the nonconforming activity. An area is unenclosed unless at least seventy-five (75) percent of the perimeter of the area is marked by a permanently constructed wall or fence.
6) Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. Major renovation, i.e., work estimated to cost more than twenty (20) percent of the appraised replacement value of the structure to be renovated (and not required by the partial or total destruction of a structure see paragraph (8)), 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 paragraphs of this subsection (particularly paragraph (5)) or make the property more incompatible with the surrounding neighborhood.
7) Notwithstanding paragraph five (5), 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 non-conformities with respect to yard size and setback requirements. In particular, a manufactured home may be replaced with a larger manufactured home, and a "single-wide" manufactured home may be replaced with a "double-wide." This paragraph is subject to the limitations stated in subsection 7.5 on abandonment and discontinuance of nonconforming situations.
8) A structure that is conforming 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) Such structure may be restored and occupancy or use allowed if that structure is destroyed or damaged. In order to rebuild a nonconforming structure the permits for repairs or rebuilding must be issued within 12 months.
b) 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 home intended for residential use may replace a smaller one;
c) 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 nonconformity's 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 such building;
d) 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 seventy-five (75) percent or more of the perimeter of the area is marked by a permanently constructed wall or fence.
9) Manufactured homes in nonconforming manufactured home parks may not be increased in number. Manufactured homes, when nonconforming, may not be substituted for conforming types of dwelling units or other nonconforming dwelling units.
(Ord. No. 2007-31, 6-5-07; Ord. No. 2020-10, 12-1-20)