In order to provide the flexibility necessary to achieve the objectives of this title and to ensure that owners of nonconforming uses and properties are not deprived of the ability to reasonably expand nonconforming uses in a manner which does not cause unreasonable nuisance to neighboring landowners and residents, the limited expansion of such uses shall be permitted subject to the granting of a permit as set forth in this section.
A. Application: Any person desiring to expand a nonconforming use shall make application therefor to the Planning and Zoning Commission, and the application shall contain at least the following information:
1. The name and address of the owner and/or applicant;
2. A description of the property;
3. A description of the existing nonconforming use and the proposed expansion of such use.
B. Commission Hearing: Upon receipt of an application for expansion of a nonconforming use the Planning and Zoning Commission shall set a date for a hearing on the application. Notice of such hearing shall be given to all adjacent property owners by the applicant and proof thereof shall be submitted by the applicant prior to the hearing date.
C. Impacts To Consider: Before acting upon an application for the expansion of a nonconforming use, the Planning and Zoning Commission shall consider the following impacts of the proposed expansion:
1. The impact of the expanded nonconforming use upon neighboring properties and uses, including traffic, noise, dust, odors and similar impacts;
2. The effect of the expanded nonconforming use on public safety, traffic flow and control, snow removal and street maintenance;
3. Such other impacts as the Planning and Zoning Commission deems applicable to the proposed expansion.
D. Required Findings: Before granting a permit for the expansion of a nonconforming use, the Commission shall make the following findings:
1. That the proposed expansion will not cause unacceptable impacts upon neighboring property owners and residents;
2. That the proposed expansion and the conditions under which the nonconforming use will be operated will not be detrimental to the public health, safety or welfare, or materially injurious to property or improvements in the vicinity.
E. Action By Commission: Within thirty (30) days after the hearing on the application, the commission shall act upon the application. The Commission may approve the application as submitted, approve the application subject to such modifications or conditions as the Commission deems necessary to accomplish the purposes of this section, or the Commission may deny the application. Conditions imposed by the Commission for approval may include, but shall not be limited to, special setbacks, screening and limitations upon hours of operation.
F. Submittal To Council; Decision Of Council: Within seven (7) days after the Commission’s decision, the Commission shall transmit its decision to the applicant and the Town Council. At its next regularly scheduled meeting following receipt of the decision, the Town Council shall review the action of the Commission, and shall affirm, modify or reverse the decision of the Commission. If the Town Council determines that additional information is necessary in order to act upon the decision of the Commission, the Town Council may require further information and may, at its option, hold an additional hearing upon the application. The Town Council shall consider the same impacts and make the same findings required for action by the Commission under this section.
(Ord. 129, 2-27-1994)