Let’s say a person owns a bed and breakfast. The B&B part is located in a historic part of a structure and the owner’s quarters are located in an attached dwelling that does have an opening for direct access into the B&B. It was put in before the ZO was in place and has gone through extensive legal challenges and such.
However, the owners now want to build a second floor onto the section that is residential use only. This area would not have any access to the historic section of the B&B and would only be accessible from the owner’s quarters. The B&B activity (square footage of areas accessible by gusts) would not be expanding but the overall building would be.
Would you classify this as an expansion of a nonconforming use?