Questione giuridica chiave
Whether the reduced remediation project qualified for an exception permit under out-of-zone planning rules
Decisione estratta
The project was not permitable because the planned expansion far exceeded the allowed scope for massed extensions and could not be saved by a general overall balancing test.
Motivazione estratta
For zonal nonconforming commercial buildings, the relevant benchmark is the existing zonal nonconforming building area, not the entire operating site. The planned hall and extensions exceeded the 30% limit by a wide margin. Once that threshold is exceeded, a massable extension no longer exists, so the broader merits balance under the ordinance does not come into play.