A. Change In Use Authorized:
1. Any nonconforming use of land or structure may be changed to another nonconforming use of the same nature or to a less intensive nature if no structural alterations are involved and if it is found that the relation of the structure and proposed use to surrounding property is such that adverse effects on occupants and neighboring property will not be greater than if the original nonconforming use continued.
2. The nonconforming use of a building may be extended throughout those parts that were manifestly arranged or designed for such use on the effective date hereof.
B. Information Required: Approval for such a change shall be processed through the board of zoning appeals and planning at a public hearing. The following additional factors shall be reviewed:
1. The character and history of the use and of development in the surrounding area.
2. The comparable degree of noise, vibration, dust, odor, fumes, glare or smoke detectable at the property line.
3. The comparative numbers and kinds of vehicular trips to the site.
4. The comparative amount and nature of outside storage, loading and parking.
5. The comparative visual appearance.
6. The comparative hours of operation.
7. The comparative effect on existing vegetation.
8. The comparative effect on water drainage.
9. Other factors which tend to reduce conflicts of incompatibility with the character or needs of the area.
C. Application Required: Application for the change of a nonconforming use shall be submitted to the building official in conformance with the requirements of subsection 10-4-2A of this title, in writing, together with a site plan showing the existing uses, detailing the type and amount of the proposed change and the names and addresses of all adjacent property owners within two hundred fifty feet (250') of the property.
D. Notice Of Change Of Use And Protest: Upon receipt of the application, the property shall be posted with notification of the proposed change. If protests are received from thirty five percent (35%) or more of the property owners within the two hundred fifty foot (250') limit within fifteen (15) days of the posting, the requested change shall require a conditional use permit (see subsection 10-4-3D of this title).
E. Recommendation And Action: The board shall make its recommendations on the conditional use permit in writing to the city council. The council shall approve, conditionally approve or deny the application as provided in subsection 10-4-3D of this title.
F. Review Criteria: In addition to the criteria established in subsection 10-4-3D of this title, the board and council shall use the following criteria to make their determinations:
1. The proposed use creates no more off site problems than the existing use;
2. The proposed use occupies no more area of the structure than the existing use;
3. The proposed use requires no more off street parking than the existing use; and
4. Existing lawful nonconforming uses of a structure that change owners but continue the same use shall be permitted to do so; provided, that an agreement is signed by the new owner and kept on file in the city clerk's office stating that the new owner agrees to all conditions placed on the previous owner and use(s) of the structure. (Ord. 03-O-9, 3-18-2003)