§ 185-33
Extension, addition or enlargement
The following standards shall apply to the extension, addition to or enlargement of a use or structure that is nonconforming:
- A. A legal nonconforming use of any structure shall not be extended within the existing confines of such structure, except into any portion which was arranged or designed for such nonconforming use prior to the effective date of the ordinance rendering such use or structure nonconforming. Any other extension, addition to or enlargement of a nonconforming use of a structure shall be allowed only after a special use permit is granted pursuant to the provisions and standards set forth in Article XIV hereof. Any increase in the volume or intensity of use unaccompanied by a structural change of the premises shall not be considered an extension, addition to or enlargement of a nonconforming use.
- B. A legal nonconforming use of any parcel of land shall not be extended beyond that portion of the lot thus used, or otherwise expanded, unless a special use permit is obtained pursuant to the provisions set forth in Article XIV.
- C. A legal nonconforming structure shall not be enlarged or extended unless a dimensional variance is obtained pursuant to the provisions and standards set forth in Article XIII hereof. However, any enlargement or extension which otherwise complies in all respects with the provisions of this chapter as to setback, height and other spatial requirements shall not be deemed to be an extension or enlargement of a nonconforming structure.