§ 16-474. Extension or enlargement of nonconforming situations.

(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 subsection (d) of this section, a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this article, was manifestly designed or arranged to accommodate such use. However, subject to section 16-475, a nonconforming use may not be extended to additional buildings or to land outside the original building.

(c)

A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming.

(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 or other subsections 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 area, even though those areas were previously used in connection with the nonconformity activity. An area is unenclosed unless at least 75 percent 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.

(g)

A noncommercial structure that is nonconforming in any respect or a structure that is used in a nonconforming manner may be reconstructed or replaced if partially destroyed to the extent of not more than 50 percent of its replacement value 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.

(2)

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 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 such building.

(3)

The reconstructed building does not enclose areas that were previously unenclosed, even though those areas were used in connection with the nonconforming activity. (Examples may include decks, patios, or porches used for outdoor seating at a restaurant, or for display at a retail store).

(4)

A building permit is obtained from the building inspector within one year from the time the damage or destruction took place. All other municipal, county, state and federal regulations and ordinances must be complied with.

(h)

Any commercial structures damaged or destroyed may be replaced to the pre-damage footprint, providing other state regulations are met.

(Ord. No. 95-008, § 11.3, 12-13-1995)