Section 6-113 Review Standards For Resumption of a Discontinued Nonconforming Use and Expansion, Change in Use, or Relocation of Nonconforming Uses, Buildings and Lots
P&Z may approve an application for the resumption of a discontinued nonconforming use, or for the expansion or change in use of a nonconforming use or structure (other than changes otherwise in compliance with zone district standards that require H.A.R.C. approval pursuant to Article 7 of this Title), or of a building on a nonconforming lot as defined in Sections 4-102.A., 4-103.B., and 4-105.B. of this Title, when it determines all of the following criteria have been met:
6-113.A. Alleviate Impacts. The applicant has agreed to undertake all reasonable measures to reduce or alleviate the effects of the nonconformity upon the surrounding neighborhood including, without limitation, visual or noise pollution, vehicular traffic, storage of necessary equipment, materials and refuse, and on street parking.
6-113.B. Physical Appearance. The proposed change or expansion will either reduce the degree of nonconformity of the use, building or lot, or improve the physical appearance of the structure of the site without increasing the degree of nonconformity.
6-113.C. Zone District Standards. The proposed change or expansion in use complies with all requirements of this Title, unless a variance to these requirements has been granted pursuant to Article 6, Division 2.
6-113.D. Nonconformance. The existing building or lot cannot reasonably be utilized or made to conform to the requirements of the underlying zone district as specified in Article 3, Division 2.