Nonconforming uses may be continued and, upon obtaining a special exception from the Board in accordance with the provisions of Article
VI, such use may be enlarged, subject to the following conditions:
A. Nonconforming uses may be enlarged to a total aggregate
extent not to exceed 50% of the area of land occupied by such nonconforming
use and to total aggregate extent not to exceed 50% of the gross floor
area of the building in which such nonconforming use is conducted.
B. Structural alterations may be made in a building housing a nonconforming use set forth in Subsection
A above, but only to a total aggregate extent not to exceed 50% of its current fair market value according to the records of the Commissioner of Revenue.
Any dwelling or other structure to be erected
on a nonconforming lot shall in any case meet the yard requirements
of this chapter. The BZA may consider granting a variance to these
requirements only if adjacent lots are under separate ownership on
the effective date of this chapter or the lot(s) have been legally
approved and recorded prior to 1973.
Structures which are nonconforming by reason
of not meeting minimum yard requirements may be expanded in a minimum
yard area where:
A. The addition encroaches on such yard a distance equal
to or less than did the structure on the effective date of this chapter.
B. The area of the addition which encroaches on the minimum
yard does not exceed 50% of the area encroaching on said yard on the
effective date of this chapter.