Section 4-103 Change of Non-Conforming Use
4-103.A. Prohibition. A conforming use may not be changed to a non-conforming use, notwithstanding the fact that some of the features of the lot, building, or parking are non-conforming.
4-103.B. Replacement and Change in Use. The Planning Director may grant a request for the replacement of a non-conforming use with a new use which is permitted in the underlying zone district, provided the new use does not constitute a change of use, as defined herein.
If the new use would constitute a change of use, it must first be reviewed and approved pursuant to the procedures and standards of Sections 6-110 through 6-113.
A change of use occurs when any one of the following results:
4-103.B.1. The parking does not comply with the requirements for the new use;
4-103.B.2. The new use is an expansion in size or impact of a non-conforming use;
4-103.B.3. In the Commercial Zone District, the new use constitutes an activity included under a different category in the table of uses permitted by right in Section 3-212, and the new use is not similar in operation to the previous use, including without limitation, hours of operation, parking needs, trips generated, number of employees, and noise impact on adjacent properties; or
4-103.B.4. In the Residential Zone District, the new use adds additional dwelling units or requires additional parking.