§ 803  EXTENSION OR ALTERATION.
   (A)   A legal nonconforming use may not be added to, extended or enlarged without first receiving a special use permit from the Zoning Board of Review in accordance with Article 9.
   (B)   A legal nonconforming use may be altered in whole or in part in a way which diminishes the extent of its nonconformity without first receiving a special use permit as required in division (A) above; provided, however, that once a nonconforming use is made less nonconforming for a period of one  year, or for 18 months during any three-year period, it shall not be permitted to resume the previous extent of its nonconformity.
   (C)   Any addition, extension or enlargement of a nonconforming use shall conform to all other applicable district regulations and district dimensional regulations required by this chapter for "other permitted uses" and for the zoning district in which such use or structure is located.
   (D)   Nothing herein shall prevent a legal nonconforming use from adding yard, off-street parking or off-street loading space to conform to the yard, parking or loading space requirements of this chapter.
   (E)   A nonconforming building or structure shall not be moved in whole or in part unless such building or structure is made to conform to all of the regulations of the zone in which it is to be located.
   (F)   A legal nonconforming single-family or two-family dwelling shall not be subject to the provisions of this subchapter and may be altered, added to, changed or moved; provided, that the dwelling be subject to the requirements of the nearest residential district as measured from the property line.
   (G)   If a nonconforming structure, other than a sign can be extended or enlarged in any lawful manner without increasing the extent of its nonconformity, then any extension or enlargement thereof shall only be permitted in accordance with the district dimensional regulations; otherwise variance relief from the Zoning Board shall be required.
   (H)   A nonconforming sign may be altered in whole or in part in a way which diminishes the extent of its nonconformity.
   (I)   Nonconforming signs shall also be governed by § 1207.
   (J)   A use established by variance or special use permit shall not acquire the rights of this section.
(Ord. passed 10-30-06; Am. Ord. 07-08, As Amended, passed 6-18-07)