A nonconforming structure or nonconforming building may be enlarged,
increased, extended or reconstructed to occupy a floor area not more
than 25% greater than was occupied at the time when it became nonconforming.
A structure which does not have a floor area may be enlarged, increased,
extended or reconstructed to occupy an area of land not more than
25% greater than was occupied at the time when it became nonconforming.
A nonconforming use within a structure or building may be enlarged,
increased or extended to occupy a floor area within such building
not more than 50% greater than was occupied at the time when it became
nonconforming.
A nonconforming use of land which does not involve a structure
or building may be enlarged, increased or extended to occupy an area
of land on the same lot not more than 25% greater than was occupied
at the time when it became nonconforming.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one zoning district to another zoning district,
the provisions of this chapter shall thereafter apply to any uses,
structures, buildings or signs made nonconforming by such change.
A nonconforming sign, structure or building which is damaged
or destroyed by casualty may be restored, provided that:
A. The restored structure, building or sign may not be enlarged, increased
or extended to occupy a floor area or land area more than 25% greater
than was occupied at the time when it became nonconforming; and
B. Such restoration is started within six months of the occurrence of
the casualty and diligently prosecuted to completion within 24 months.
When a nonconforming sign, structure, building or use is abandoned
or discontinued for a continuous period of two years or more, any
future use, structure, building or sign shall be in conformity with
the provisions of this chapter.
Nothing in this chapter shall prohibit the erection of a structure
in a district where permitted, upon a lot whose lot area or lot width
does not meet the requirements for the district in which the lot is
located, if:
A. Such lot was held under separate ownership at the effective date
of this chapter; and
B. A variance from the minimum applicable front yard depth, side yard
width or rear yard depth requirements shall be obtained through the
action of the Zoning Hearing Board.
All lawfully existing nonconforming communications towers shall
be subject to the following requirements:
A. A nonconforming communications tower or a communications facility
may be utilized for co-location.
B. A nonconforming communications tower may not be increased in height.
C. If a nonconforming communications tower or communications facility
ceases to be utilized or becomes obsolete, the obsolete or unused
communications tower or facility shall be removed completely within
six months of cessation of use.