(a) A change in use of property (where a nonconforming use exists) that is sufficiently substantial as to require a new zoning or conditional-use permit in accordance with Chapter 1141 may not be made except in accordance with subsections (b) through (d) of this section. However, this requirement shall not apply if only a sign permit is needed.
(b) If the intended change in use is to a principal use that is permissible in the district where the property is located, and all of the other requirements of the Planning and Zoning Code applicable to that use can be complied with, permission to make the change must be obtained in the same manner as permission to make the initial use of a vacant lot. Once conformity with this Planning and Zoning Code is achieved, the property may not revert to its nonconforming status.
(c) If the intended change in use is to a principal use that is permissible in the district where the property is located, but all of the requirements of this Planning and Zoning Code applicable to that use cannot reasonably be complied with, then the change is permissible if the entity authorized by this Planning and Zoning Code to issue a permit for that particular use finds, in addition to any other findings that may be required by this Planning and Zoning Code, that:
(2) All of the applicable requirements of this Planning and Zoning Code that can reasonably be complied with will be mandated compliance (compliance with a requirement of this Planning and Zoning Code is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or without moving a substantial structure that is on a permanent foundation). Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible.
(d) If the intended change in use is to another principal use that is also nonconforming, then the change is permissible if the entity authorized by this Planning and Zoning Code to authorize the issuance of a permit for that particular use finds, in addition to other findings that may be required by this Planning and Zoning Code, that:
(1) The use requested is one that is permissible in some zoning district with either a zoning or conditional-use permit; and
(2) All of the conditions applicable to the permit authorized in subsection (c) of this section are satisfied; and
(3) The proposed development will have less of an adverse impact on those most affected by it and will be more compatible with the surrounding neighborhood than the use in operation at the time the permit is applied for issuance.
(Ord. 074-10. Passed 12-20-10.)
(Ord. 074-10. Passed 12-20-10.)