(A) A zoning permit and certificate of conformance must be obtained for every change of use of any non-residential premises, whether due to the sale of the entire premises or change in tenant or occupant of all or any portion of the premises, unless the new owner/tenant/occupant will continue the exact same use or extremely similar to the immediate prior use.
(B) The applicant must comply with § 156.010 of this chapter regarding requirements for notice of public hearings.
(C) In order for the reviewing board to determine if the existing site conditions will support the new use, the applicant must submit along with the change of use application, at a minimum, a copy of the most recently approved site plan for the property. In the case where an older site has never received site plan review approval and no changes are proposed, then a current survey must be submitted. The survey shall indicate the property boundaries, all structures, fencing, parking spaces, driveway aisles, drainage basins, lighting, landscaping, etc.
(D) The Planning Board may waive the requirement for a full site plan review submission if the construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review. The applicant must comply with § 156.019 below for any request for a site plan waiver.
(E) The Planning Board will then conduct a public hearing on the proposed change of use application. The applicant will be responsible to clearly state all aspects of the proposed use of the property.
(F) The reviewing board shall take action on a change of use application within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. The reviewing board will make a final determination on the application and plan based on the testimony provided to the reviewing board. Failure of the reviewing board to act within the prescribed time period shall constitute approval of the application.
(G) The reviewing board may condition a change of use approval upon compliance with any reasonable condition not in violation with the terms of this chapter or other applicable local, state, or federal law.
(H) Effect of change of use approval. The rights granted to an applicant pursuant to change of use approval, whether conditional or otherwise, shall continue for a period of one year, unless the applicant has commenced such use prior to the expiration of one year.
(I) A zoning permit will not be issued for the new use until all conditions of any reviewing board approval have been completed, the plan has been signed by the board engineer and secretary, and a signed copy has been submitted to the Zoning Officer.
(J) A zoning permit and certificate of conformance will not be issued for the use or occupancy of the premises until all site conditions are in conformance with the current site plan approval and Title 15.
(Ord. 945-99, passed 9-13-99)