§ 5.3. Expansion of Nonconformities

A.

Criteria. A nonconforming use may be extended throughout the structure in which it is located, provided that:

1.

The structure or its premises shall not be enlarged or increased in height, in floor area or in land area to accommodate extension of the nonconforming use;

2.

No alteration shall be made to the structure occupied by the nonconforming use, except those alterations that are required by law to preserve the integrity of the structure and alterations that would upgrade the quality, safety or aesthetic appeal of the structure; and

3.

The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming.

B.

Use Expansion Outside of Structure. A non-conforming use occupying a structure shall not be extended to occupy land outside the structure.

C.

Use or Structure Expansion. A nonconforming use or structure shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except:

1.

To provide additional off-street parking or loading areas required by this UDC.

2.

Enlargement of a building housing a nonconforming use, for the purpose of storage only, shall not be deemed the extension of a nonconforming use.

3.

Construction of a detached accessory building for the purpose of storage, on a lot occupied by a nonconforming use, shall not be deemed the extension of a nonconforming use.