Except as provided by this paragraph, no nonconforming use shall be enlarged or expanded to occupy a greater area of land or floor area than was occupied on the effective date of this Ordinance and no additional accessory use shall be established on the site of a nonconforming use.
(A) A single-family residence or duplex maintained as a nonconforming use may be expanded or enlarged by the addition of an uncovered deck subject to the following requirements:
(1) The construction of such uncovered deck must comply in all respects with all other provisions of this Ordinance and in addition, such uncovered deck must meet the 15-foot setback requirements imposed on structures built on conforming lots.
(2) Such deck must be constructed so as to be pervious and no impervious surface shall be permitted below such deck unless impervious surface is existing underneath the area of proposed deck expansion permitted by this section.
(3) The total area of all decks, to include any new deck permitted by this section and all other existing decks, shall not exceed the deck area permitted by Section 155.7.17.
(B) Notwithstanding the preceding provisions of this section, if a nonconforming use is located ten feet or less from an adjoining structure (either on the same or an adjoining lot), then the nonconforming use may not be enlarged or expanded in any manner whatsoever.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)