Alteration of nonconforming development

[Amended 6-26-2023 by Ord. No. 2023-06-26B]

• 1.
  • a) With Board of Review approval as a special use permit, a building or structure which is devoted to a non-conforming use which is not a single family residential building or structure, lawfully existing at the time of the passage of this Ordinance may be added to or enlarged provided that the front, side and rear yards, lot coverage, height of such enlarged building or structure and parking requirements meet the zoning requirements of the district in which is located.
  • b) With Board of Review approval as a special use permit, a building or structure which is devoted to a non-conforming use which is a single family residential building or structure, law fully existing at the time of the passage of this Ordinance may be added to or enlarged provided that the front, side and rear yards, lot coverage, height of such enlarged building or structure and parking requirements meet the zoning requirements of the district in which is located or the Board grants dimensional variances in accordance with Section D.
• 2. No lot area shall be so reduced or diminished that the yards or other open spaces or total lot area shall be smaller than prescribed by this Ordinance, unless the reduction in area is due to the taking of a portion of the lot for public use.
• 3. A legally non-conforming use shall not be changed to a use other than a conforming use. The Zoning Board of Review may permit a change in use as a special use permit. Any change in use shall be more in keeping with the characteristics of the neighborhood.
• 4. Any alteration or change in use permitted herein shall adhere more closely to the intents and purposes of this Ordinance.