(A) Except as specifically provided in this section, it shall be unlawful for any person to engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation.
(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 the use. However, a nonconforming use may not be extended to additional buildings or to land outside the original building.
(C) Subject to § 155.202, 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 (that is, 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.
(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 no violations of other divisions of this section occur.
(E) Physical alteration 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 nonconforming use;
(2) Greater nonconformity with respect to dimensional restrictions such as yard 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 fence.
(F) Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. Major renovation, that is, work estimated to cost more than 25% of the assessed tax value of the structure to be renovated (and not required by the partial or total destruction of a structure (see division (H) below) may be done pursuant to a permit issued by the Board of Adjustment. The Board of Adjustment shall issue a permit if it finds that the work will not result in a violation of any other divisions of this section (particularly division (E) above) or make the property more incompatible with the surrounding neighborhood.
(G) Notwithstanding division (E) above, 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 nonconformities, increase the extent of existing nonconformities with respect to yard size and setback requirements or make the property more incompatible with the surrounding neighborhood. 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 division (G) is subject to the limitations stated in § 155.204 on discontinuance of nonconforming situations.
(H) 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:
(1) 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;
(2) 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; and
(3) 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 75% or more of the perimeter of the area is marked by a permanently constructed wall or fence.
(I) Except for single-family residential structures (including manufactured homes), if the estimated cost of the reconstruction work exceeds 25% of the assessed tax value of the structure, the work may be done only after issuance of a permit by the Board of Adjustment. The Board shall issue the permit if it finds that the work will be done in accordance with this division (I) and that the reconstructed building will not make the property more incompatible with the surrounding property than it was before the destruction occurred.
(2009 Code, § 155.172) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021) Penalty, see § 155.999