The zoning board of review may grant a special use permit on the enlargement, extension, structural alteration or reconstruction of an existing building or structure which constitutes a nonconforming use following site plan review, provided the work complies with all of the following applicable development standards:

(1)

The reconstructed building does not result in an increase in the existing degree of any dimensional nonconformity;

(2)

The footprint of the building or structure is not expanded, extended, or enlarged by greater than 25 percent of the existing building footprint as of October 11, 1989;

(3)

The exterior appearance of the reconstructed building remains substantially the same or is changed to enhance its appearance on the site and harmony with the surrounding area;

(4)

It must be demonstrated that the site can accommodate the proposed level of use. Consideration shall include, but not be limited to, safety, traffic, parking, sewage disposal capacity, utilities, noise levels, odors and quality of water and air.

In addition to the development standards contained in subsection 10.1 above, the zoning board of review may grant a special use permit for the enlargement, extension, structural or alteration of a nonconforming use in the Galilee fishing zone (G-Fi) in the Port of Galilee special district only after the applicant has demonstrated that the proposal meets the following standards:

(1)

Compatibility of the use with adjoining waterfront uses.

(2)

No displacement of a commercial fishing use.

(3)

Completion of a parking needs analysis and provision of sufficient parking; the analysis shall take into account available on-site and off-site parking.

(Ch. 828, § 1(10.2), 2-3-2003)