§ 1447-09. Expansion of Nonconforming Use  

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  • On application to the Zoning Hearing Examiner pursuant to the procedures and standards established in this chapter, a nonconforming use may be expanded subject to the standards as follows:

    (a) A nonconforming use may be expanded through the entire building, however, expansion of the existing building is prohibited, except as otherwise provided for two-family structures.

    (b) A two-family structure in a single family residential district that was legally established as of February 13, 2004 or for which a building permit had been issued as of February 13, 2004, may be expanded or enlarged within the requirements of the district in which the structure is located, provided there is no increase in the number of dwelling units. The Zoning Hearing Examiner may grant a variance for a proposed expansion or enlargement that does not meet the district requirements pursuant to the procedures and criteria of Chapter 1445, Variances, Special Exceptions and Conditional Uses in addition to the standards enumerated in this chapter.

    (c) The expansion of the nonconforming uses of land without buildings may not exceed, in all, 50% of the area devoted to the existing nonconforming use of land. Provided further that expansion of a nonconforming use is limited to expansion on the lot currently occupied by the use and may not extend beyond a district boundary line into a more restrictive district.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 100-2006, § 1, eff. May 18, 2006)