(a) A public hearing at the Board of Zoning Appeals shall be required in any instance that involves the expansion or intensification of a nonconforming use, subject to Section 50-15-27 of this Code, provided, that nonconforming adult uses and sign uses shall not be considered for
expansion or intensification. See Section 50-3-505 of this Code.
(1) Any increase in the gross floor area of a building that houses a nonconforming use shall be deemed an expansion of the nonconforming use. Any increase in the area of a zoning lot where a nonconforming use is located shall be deemed an expansion of the nonconforming use;
(2) Any change to the site plan of a nonconforming use involving a structure;
(3) Any increase in the height or area, any replacement or addition of a sign face, and any addition of or increase in illumination, including the conversion between external illumination and internal illumination, of any nonconforming sign shall be deemed to be an intensification of the nonconforming use;
(4) The addition of any by-right or conditional land use to a nonconforming use upon the same zoning lot and within the same gross floor area shall be deemed an intensification of the nonconforming use; and
(5) The addition of off-street parking for a nonconforming use, solely for the purpose of complying with the off-street parking standards of Article XIV, Division 1, of this chapter, shall not be considered an expansion of the nonconforming use, but shall be governed by the zoning district regulations for “parking lots or parking areas” and by the regulations and standards for “off-street parking” provided for in Article XIV of this chapter.
(b) The term “intensification of use” is defined in Section 50-16-262 of this Code.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
(a) A nonconforming use may be changed to another nonconforming use only where reviewed and approved by the Board of Zoning Appeals in accordance with the procedures that are specified in Section 50-2-67 of this Code, except, that a nonconforming use may not be changed to any of the following:
(1) Regulated uses as specified in Section 50-3-323 of this Code on land zoned R1, R2, R3, R4, R5, or R6, except where an establishment for the sale of beer or alcoholic liquor for consumption on the premises would reoccupy an existing non-residential building, provided no dance or entertainment activity that would require a cabaret permit and license shall be included:
(2) Controlled uses as specified in Section 50-3-402 of this Code;
(3) Restaurants, except where the use would reoccupy an existing non-residential building;
(4) Motor vehicle filling stations;
(5) Mortuaries or funeral homes;
(6) Motor vehicle services, major;
(7) Motor vehicle services, minor;
(8) Motor vehicle washing and steam cleaning;
(9) Adult uses as specified in Section 50-3-502 of this Code;
(10) Tires, used: sales and/or service; and
(11) Signs.
(b) Except for the 11 items prohibited above, the Board of Zoning Appeals may approve the change of one nonconforming use to another nonconforming use only where the Body determines that the new proposed use will be less injurious to the surrounding area than the previous nonconforming use. Where a change in use is approved, the Board of Zoning Appeals shall be authorized to impose conditions that the Body deems necessary to reduce or minimize any potentially adverse effect upon other property in the neighborhood, and to carry out the general purpose and intent of this chapter. Any condition that is imposed must relate to a situation created or aggravated by the proposed use and must be roughly proportional to its impact.
(c) Notwithstanding the foregoing requirements that the Board of Zoning Appeals review and approve a change of use, a legally established nonconforming use that was a Group “D” adult cabaret use, as that kind of use was defined on November 1, 2009, may be placed on record by the Buildings, Safety Engineering, and Environmental Department, upon written request of the owner, as a Group “A” cabaret use, a Group “B” cabaret use, or a Group “C” cabaret use without applying for or obtaining approval from the Board of Zoning Appeals for the change of use.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).