(A) Except as specifically provided in this subsection, it shall be unlawful for any
to engage in any activity that causes an increase in the extent of a non-conformity.
(B) Subject to division (D) of this section, a
may be extended throughout any portion of a completed that, when the use was made nonconforming by this chapter, was manifestly designed or arranged to accommodate such use.
(C) 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 section occur.
(D) Physical alternation 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
;
(2) Greater with respect to dimensional restrictions such as
requirements, height limitations, or density requirements; or
(3) The enclosure of previously unenclosed areas, 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
.
(E) Minor repairs, routine maintenance, major repairs and renovations (as defined in § 152.016) may be performed on properties where a nonconforming situation exists as follows:
(1) Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged; and
(2) Major repairs and renovations to properties that have nonconforming situations may be done pursuant to a
issued by the
. The
shall issue such a permit if it finds that the proposed work will not result in a violation of any other paragraphs of this section (particularly paragraph E) or make the property more incompatible with the surrounding neighborhood.
(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2016-O11, passed 9-13-2016)