§ 98-823. Extension, expansion or enlargement.

A nonconforming use shall not be extended, expanded, enlarged or increased in intensity. This requirement shall not apply to single-family dwellings or mobile homes used as dwellings and legally in existence at the time this chapter was enacted or amended. These structures may be expanded or enlarged, provided that the expansions comply with the frontage, setback, side enlarged, provided the expansions comply with the frontage, setback, side yard, rear yard and height provisions of the district in which they are located and the expanded structure meets the requirements of the state department of health. Prohibited activities shall include, without being limited to:

(1)

Extension of a nonconforming use to any building or other structure or land area other than one occupied by such use on the effective date of the ordinance from which this chapter is derived (or on the effective date of a subsequent amendment thereto that causes such use to become nonconforming).

(2)

Extension of a nonconforming use within a building or other structure to any portion of the floor area that was not occupied by such use on the effective date of the ordinance from which this chapter is derived (or on the effective date of a subsequent amendment thereto that causes such use to become nonconforming); provided, however, that a nonconforming use may be extended throughout any part of such building or other structure that was lawfully and manifestly designed or arranged for such use on such effective date.

(3)

Operation of a nonconforming use in such manner as to conflict with or to further conflict with, if already conflicting, on the effective date of the ordinance from which this chapter is derived (or on the effective date of subsequent amendment thereto that results in such use becoming nonconforming), any performance standards established for the district in which the use is located.

(Code 1999, § 9-268)

(Code 1999, § 9-268)