A. A nonconforming structure housing a conforming use may be expanded by right, if the expansion does not create a new or additional nonconforming condition. The nonconforming structure may also be expanded by right, if continuing the exterior face of that portion of the structure that is nonconforming does not extend further into the required front-, side-, or rear yards (i.e., does not further exacerbate the dimensional violation) and, when implemented, does not violate more than one boundary of the building envelope. Such an expansion shall not include additional encroachments out of the building envelope as permitted in Sections 501.3.C and 501.3.D for conforming structures.
An unimproved nonconforming lot may be developed by right for uses allowed in the particular zoning district under the following conditions:
1. The lot is nonconforming due to lot size only.
2. The lot is in single and separate ownership apart from any adjacent parcel that precludes its combination with another parcel; or, after combination with another eligible lot it remains nonconforming due to lot size.
3. All structures shall meet applicable setback requirements.
4. All other development aspects of the lot conform to this Chapter.
B. A conforming or a nonconforming structure housing a nonconforming use may be structurally expanded by special exception if the expansion complies with all other requirements of this Ordinance and does not exceed 50% of the footprint in existence at the time the use became nonconforming. The nonconforming use may be expanded only under the provisions of § 1102.C., below.
C. The nonconforming use of land or of a structure may be expanded only by special exception, and provided that:
1. The proposed expansion shall take place only upon the lot or contiguous lots held in the same ownership as that existing at the time the use became nonconforming. Permission to expand a nonconforming use as described in this Article shall not be construed to mean that a new use or uses may be established. A nonconforming use shall be prohibited from encroaching on another parcel of land subsequently added to the original parcel.
2. The proposed use expansion shall conform to all other requirements of the District in which said expansion is located and to all requirements for the proposed use in those districts where that is permitted.
D. Structures or land uses that have reached their maximum expansion allowance under previous ordinances are not eligible for further expansion under this Ordinance. A structure that is nonconforming in terms of height shall not be expanded to increase the height.