Existing non-conforming uses, buildings, structures or lots shall not be enlarged, reconstructed, substituted, moved so as to extend or increase the non-conformity other than as specified herein nor shall they be extended or enlarged after passage of this article by attachment to a building or premises or by the addition of other uses of a nature which would be prohibited generally in the district involved. Non-conforming uses are further subject to the following.
(a) Upon review by the Zoning Administrator, a non-conforming use may be enlarged up to but not more than 20% of its floor and land area, whichever is more restrictive as such existed at the time the use first became non-conforming; provided that such enlargement shall conform to all other regulations of the district in which it is situated. Such 20% shall be a cumulative maximum over the lifetime of the use. Access for persons with disabilities or fire egress may be added without being restricted by the 20% maximum expansion. A non-conforming building or structure may be expanded, provided the expansion conforms to this article.
(b) Normal maintenance, repairs and incidental alterations of a building or other structure containing a non-conforming use are permitted provided they do not extend the area or volume of space occupied by the non-conforming use unless subsection (a) above is met.
(c) Residential non-conforming uses may be altered in any way to improve interior livability; provided that, no structural alterations shall be made which would increase the number of dwelling units on the lot.
(d) A non-conforming use shall not displace or replace a conforming use.
(e) A non-conforming use may be changed into a conforming use at any time. If the conforming use is equal to or less intensive than the prior non-conforming use, off-street parking requirements will not change. A substantial increase in use intensity for any conforming use necessitates provision of the net number of required off-street parking space.
(f) A non-conforming use may be replaced by a non-conforming use that is equally intense or less intense. The Zoning Administrator shall have the authority to approve a change within the same type of non-conforming use, such as from one personal service use to another personal service use; provided, the applicant agrees to comply with all of the same conditions that applied to the previous use. This Zoning Administrator approval may be permitted by right. If the Zoning Administrator has doubts about the comparative intensity of the new use versus the prior use, special exception approval shall be required. All other proposed changes in a non-conforming use shall need special exception approval by the Zoning Hearing Board.
(g) A determination regarding the intensity of the replacement non-conforming use shall consider the following:
(1) Traffic generation and congestion including truck, passenger car traffic;
(2) Nuisance characteristics such as emission of noise, odor, dust, smoke, fumes, fire hazards, glare and vibration;
(3) Hours and manner of operation;
(4) Waste disposal and storage;
(5) Parking demand, considering the proposed hours of the use; and
(6) Buildings or structures, regardless of conformity or ownership, shall not be combined for the purpose of extending an existing non-conforming use or for creating a different non-conforming use.
(Ord. 6192, approved 7-21-2011)