Building or structure nonconforming by dimension

A. Continuance. Nothing in this ordinance shall prevent or be construed to prevent the continuance of the use of any building or structure nonconforming by dimension for any purpose to which such building or structure was lawfully established.

B. Maintenance and repair. A building or structure nonconforming by dimension may be maintained and repaired except as otherwise provided in this section.

C. Moving. A building or structure which is nonconforming by dimension shall not be moved in whole or in part to any other location on the lot in which it is located unless every portion of such building or structure is made to conform to all of the dimensional requirements of the zone in which it is located.

D. Addition and enlargement. A building or structure nonconforming by dimension may be added to or enlarged, including vertically, only if both the building footprint and the building envelope of such addition or enlargement conform to all of the dimensional regulations of the zone in which the building or structure is located.

E. Expansion. A conforming use within a building or structure which is nonconforming by dimension (other than by lot area per dwelling unit) may be expanded into any other portion of the building or structure which is unoccupied or unused.

F. Intensification. A conforming use within a building or structure which is nonconforming by dimension may be intensified, provided that such intensification is in conformance with the use and lot area per dwelling unit regulations, if applicable, for the zone in which it is located.

G. Change in use. A conforming use within a building or structure which is nonconforming by dimension may be changed to any other conforming use.

H. Demolition.

• 1. If a building or structure nonconforming by dimension is damaged or destroyed by accident or act of God, destroyed, or damaged; it may as-of-right be repaired or rebuilt to the same size and dimension as previously existed.

• 2. The new building or structure, even if not in conformance with the dimensional regulations of the zone in which it is located, may be enlarged to not more than fifty (50) percent larger than the demolished building or structure, by special use permit from the zoning board, provided that the zoning board finds that the nonconforming dimensional aspects of the new building or structure will have no greater impact on the surrounding neighborhood than those of the original building or structure, and that the addition or enlargement complies with subsection D. of this section.

I. Signs. Nonconforming signs may be continued and maintained. Nonconforming signs which are structurally altered, relocated or replaced shall comply immediately with the provisions of this ordinance.

J. Parking. A building or structure is considered nonconforming by parking if the lawfully established use of the building or structure does not meet the parking requirements of article 7.

• 1. Addition, enlargement, expansion and intensification. A building or structure, or use of land, nonconforming by parking, may be added to, enlarged, expanded or intensified provided additional parking space is supplied to meet the requirements of article 7 for such addition, enlargement, expansion or intensification.

• 2. Change of use. A building or structure nonconforming by parking, may be changed to a different use, pursuant to all other provisions of this ordinance, provided parking spaces are supplied to meet the requirements of article 7.

K. Landscaping. A building or structure is considered nonconforming by landscaping if the lawfully established use of the building or structure does not meet the landscaping requirements of this ordinance or the subdivision and land development regulations. No such building or structure shall be enlarged or expanded beyond a total of five hundred (500) square feet of GLFA, or the use thereof changed or intensified, unless the landscaping for the entire lot or lots upon which the use is located, is brought into conformance with all of the applicable provisions of this ordinance and the subdivision and land development regulations.