Any change in the use of a building or lot from a nonconforming use to another nonconforming use shall require approval by the Board of Zoning and Building Appeals, who shall review the particular facts and circumstances of each change in a nonconforming use application in terms of the following standards:
(a) Required Information. Adequate evidence shall be required which shows that the following statements are true when considering changes to a nonconforming use:
(1) If the change is a nonconforming use, then the proposed nonconforming use shall have the same or less impact on the existing district when compared to the previous nonconforming use.
(2) The proposed nonconforming use will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed nonconforming use or building shall be able to provide adequately any such services.
(3) The proposed nonconforming use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
(4) The proposed nonconforming use will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, flashing lights, or odors.
(5) The proposed nonconforming use will have vehicular approaches to the property which shall be designed so as not to create an interference with traffic on surrounding public streets or roads.
(6) The proposed nonconforming use will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(7) Whenever a nonconforming use of a building or land has been changed to a more restricted use, or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(b) Application for Change in Nonconforming Use or Building. An application for a change in a nonconforming use or building shall be filed with the Responsible Authority by at least one owner or lessee of property for which such change is proposed. At a minimum, the application shall contain the following information:
(1) Name, address, phone number, and fax number of applicants.
(2) Legal description of property.
(3) Description of the existing nonconforming feature/use of the property.
(4) Present zoning district.
(5) Description of the proposed change to the nonconforming feature/use of the property.
(6) A plan of the property showing the location of buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the Board may require to determine.
(7) If the change is a nonconforming building or is an extension or enlargement of the nonconforming use, then the applicant must demonstrate that he or she would suffer undue hardship by not being able to expand the building as requested in the application. The applicant must also demonstrate that other sites were sought after and/or considered, and shall prepare a statement why another site, in which a new building could be constructed, or in which the use proposed could conform, was not a feasible alternative.
(8) Such other information as may be required.
(9) Names and addresses of all owners of record of abutting parcels.
(Ord. 01-014. Passed 7-17-01.)