SU0004328 - Laserfiche WebLink

Home Browse Search

property to the current applicant, the business was operating as a wood by-product manufacturer on a full time basis. Continuation of a Nonconforming Use Development Title Section 9-235.3(a) states that a-nonconforming use may be continued as long as it remains otherwise lawful, subject to the following provisions: • If the nonconforming use is not conducted within a structure but on land only, such use shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied on the effective date of this Chapter; • If the nonconforming use is conducted wholly or partially within a structure, the structure devoted to the nonconforming use may be enlarged, extended, or remodeled, subject to Site Approval; and • If the nonconforming use is superseded by a conforming use, or if the nonconforming use ceases for any reason for a period of more than twelve (12) consecutive calendar months, any subsequent use shall conform to the requirements of this Title for the zone in which it is located and the nonconforming use may not thereafter be resumed. The current property owners purchased the property in October of 2001 and added an additional owner in March of 2002. The applicants have provided a letter from the previous owner verifying that he used the project site to conduct the wood by-product processing business through January of 2002. Because the nonconforming use has not ceased for more than twelve (12) consecutive calendar months it is considered to be in compliance with the Development Title. Changing to Another Nonconforming Use Development Title Section 9-235.3(c) states that a nonconforming use not conducted within a structure but on land only, shall not be changed to another nonconforming use. A nonconforming use conducted at least partially within a structure may be changed to another nonconforming use within said structure, subject to the following: • A Site Approval pursuant to the procedures set forth in Chapter 9-818 shall be required for all changes other than those described in Subsection (c)(1) above. (Section c(1) does not apply to this project). • A change shall be allowed only if the Review Authority finds that the proposed use is less detrimental to, or will have no greater impact in, the zone than the existing nonconforming use. In permitting such change, the Review Authority may require conditions and safeguards and an amortization period for the new use. • When nonconforming use is replaced by a less detrimental nonconforming use, the occupancy may not thereafter revert to a more detrimental use. The Review Authority has determined that the proposed carpet warehousing business is less detrimental to the zone than the previous nonconforming wood by-product processing business. Because the use type changed from Retail Sales-Primary to