[Amended 10-19-2012 by L.L. No. 5-2012]
A.
No land, building or structure actually and lawfully used, at the time of the taking effect of this chapter or at the time of the taking effect of any amendment thereto changing the use regulations, for any use not conforming with the provisions of this chapter shall be used thereafter to any greater extent for the same nonconforming use, except as expressly set forth in this chapter.
B.
No land, building or structure actually and lawfully used, at the time of the taking effect of this chapter or at the time of the taking effect of any amendment thereto changing the use regulations, for any use not conforming with the provisions of this chapter shall be used thereafter for any other nonconforming use, except as expressly set forth in this chapter.
C.
A conforming principal building lawfully used for a nonconforming use may be reconstructed or altered for the same nonconforming use to an extent not exceeding 100% of the usable floor area of such building without the requirement of a variance from the Board of Appeals, provided that the overall lot coverage of such building is not enlarged, such building is not used to any greater extent for such nonconforming use, and the character of such nonconforming use is not changed, and provided further that all other requirements set forth in this chapter are complied with.
D.
A nonconforming principal building lawfully used for a nonconforming use may be reconstructed or altered for the same nonconforming use to an extent not exceeding 100% of the usable floor area of such building upon obtaining special exception approval from the Board of Trustees authorizing such reconstruction or alteration, provided that the overall lot coverage of such building is not enlarged, such building is not used to any greater extent for such nonconforming use, the character of such nonconforming use is not changed, and the reconstruction or alteration shall not increase the specific nonconformity or nonconformities involved with respect to dimensional regulations, and provided further that all other requirements set forth in this chapter are complied with.
E.
With respect to Subsections C and D above, where the reconstruction or alteration involves construction of a foundation, basement or cellar for such principal building, such construction shall not be deemed to enlarge or increase the usable floor area of such building or to increase the extent of such nonconforming use, provided that the floor area of such basement or cellar shall be used only for storage or for location of mechanicals for the building or similar equipment and, upon obtaining special exception approval from the Board of Trustees, such other uses as may be incidental to the lawful use of such building and authorized by the Board of Trustees. With respect to Subsections C and D above, where the reconstruction or alteration involves construction of firesafety features or handicapped accessibility features required by the State Uniform Fire Prevention and Building Code for such principal building, such construction shall not be deemed to enlarge the overall lot coverage or increase the usable floor area of such building or to increase the extent of such nonconforming use.
F.
With respect to Subsection D above, where the reconstruction or alteration involves construction of a foundation, basement or cellar for such nonconforming principal building which increases any specific nonconformity with respect to dimensional regulations by reason of an increase in the height of such building, the Board of Trustees may grant special exception approval authorizing such reconstruction or alteration, notwithstanding such increase of any specific nonconformity, provided that the height of such building is not increased by more than three feet. With respect to Subsection D above, where the reconstruction or alteration involves construction of firesafety features or handicapped accessibility features required by the State Uniform Fire Prevention and Building Code for such nonconforming principal building which increases any specific nonconformity with respect to dimensional regulations by reason of providing such features, the Board of Trustees may grant special exception approval authorizing such reconstruction or alteration, notwithstanding such increase of any specific nonconformity, provided that the Board of Trustees finds that such features are designed and located so as to minimize to the extent reasonably practical any detriment to the neighborhood.
G.
Except as set forth in § 196-5, an accessory building or structure (whether conforming or nonconforming with respect to dimensional regulations) lawfully used for a nonconforming use shall not be reconstructed, altered or added to unless a special exception is obtained from the Board of Trustees.
H.
The Board of Appeals may grant a variance for a change in a nonconforming use (such as a change from a lawfully existing nonconforming use to another nonconforming use), provided that: