1. Nonconforming Use. Any nonconforming use may be expanded or altered through the obtainment of a special exception and subject to the following criteria:
A. Expansion or alteration of the nonconforming use shall not exceed 35% of the existing buildings, structures, parcels, lots or tracts of land devoted to the nonconforming use. The expansion (or alteration shall be applied to buildings and lots individually and separately. Thus, a building or buildings containing a pre-existing, nonconforming use may be expanded no more than 35% regardless of the size of the lot area devoted to the use. Lot area is also to be calculated separately and individually. Such approved expansion or alteration of a nonconforming use shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.
B. With the expansion or alteration of a nonconforming use, access, off-street parking and loading requirements shall be in compliance with Part 7.
C. A nonconforming use may not replace a conforming use.
D. All yard and building requirements shall be in compliance with the standards of the zoning district in which the nonconformity in question is located.
2. Nonconforming Structure. A nonconforming structure may be altered or expanded. If such alteration or expansion is no greater than 25% of the existing nonconforming area as of date the structure became nonconforming (calculated on the ground floor area only), a permit for the expansion/alteration may be issued by the Zoning Officer. If the expansion/alteration is between 25% and 40% greater in area, a special exception from the Zoning Hearing Board is required, in accordance with the provisions of this Chapter.
3. No extension or enlargement of a dimensional nonconformity shall be permitted.
4. Any expansion that will reduce the extent of any nonconformity is allowed by permitted use.
(Ord. 2024-01, 5/13/2024)