The City Council may approve, modify and approve, or deny nonconforming use expansion for nonresidential uses through the conditional use permit (CUP) and planned unit development process outlined in Section 7A-819. The application for a CUP shall include the petition, a site plan meeting the requirements of Section 7A-512, floor plans, and any other information as require by the Zoning Administrator. To ensure the public welfare is served, the Council may attach conditions to the CUP including, but not limited to, conditions concerning appearance, sign, off-street parking or loading, lighting, hours of operation, or performance characteristics, such as noise, vibration, glare, dust, or smoke.
Expansion of nonconforming use. The City Council may permit expansion of a legal nonconforming use if the City Council makes the following findings, in addition to the findings required under the standard CUP conditions:
(1) For expansion of a structure, the structure is not used, designed or intended to be used as a dwelling unit and expansion will meet the yard, height and percentage of lot coverage requirements of the district;
(2) The appearance of the expansion will be compatible with the adjacent property and neighborhood;
(3) After the expansion, the use will not result in an increase in noise, vibration, glare, dust, or smoke; be detrimental to the existing character of development in the immediate neighborhood; or endanger the public health, safety, or general welfare; and
(4) The proposed use is consistent with the comprehensive plan.
[§ 7A-481, added by Ord. No. 22-11, effective January 12, 2023.]