(a) A nonconforming use may be extended as a special exception upon approval of the Zoning Hearing Board, subject to the following conditions:
(1) The extension becomes an attached part of the main structure and does not utilize additional or adjoining land area other than the original parcel.
(2) The extension does not encroach upon the yard and height requirements of the district in which the nonconforming use is presently located.
(3) The extension is for the purpose of expanding only that nonconforming use in existence at the time of the legal acceptance of this Zoning Code.
(4) The expense of such an extension shall not exceed eighty percent of the fair market value of the building or structure existing at the time of the enactment of this Zoning Code.
(5) The existing nonconforming use or the proposed extension thereof shall not have any measurable obnoxious or hazardous effect on adjacent land uses.
(b) If one or more of the conditions set forth in paragraphs (a)(1) to (a)(5) hereof is not met, then the extension shall not be permissible.
(c) Extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of this Zoning Code shall not be deemed to be an extension of such nonconforming use.
(Ord. 2210. Passed 4-21-97.)