14.2.2 Changes to Nonconforming Uses (City Only)
A. A single-family residential nonconforming use can be expanded one time during its existence through enlargement of the floor area of the building associated with the nonconforming use by a maximum of 10% or 500 square feet, whichever is greater, and an associated increase in lot coverage, provided that such expansion complies with all development standards of the established zoning district in which the nonconforming use is located at the time of expansion.
B. Nonconforming uses located on a boulevard or major/minor thoroughfare may be changed to a different nonconforming use, or range of uses, or relocated on the same site, upon issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit. The Board of Adjustment may limit the time period for which such a use permit is valid, if it determines such limitation is necessary or in the public interest. In order to issue such a permit, in addition to consideration of all criteria generally applicable to special uses, the Board of Adjustment shall find that:
1. The proposed new nonconforming use, if a new nonconforming use is proposed, is more compatible with the development pattern of the surrounding area than the previous nonconforming use; and
2. Mitigation measures included as specific conditions in the permit, if necessary, are adequate to provide protection for nearby properties; and,
3. The proposed use, range of uses, or relocation of uses reduces the impacts on the surrounding area in comparison with the established nonconformity. In making this determination, the Board of Adjustment may consider factors such as:
a. Whether the proposed new nonconforming use is considered less intense than the previous nonconforming use considering the uses permitted in each zoning district and the hierarchy of zoning districts established in paragraph 4.1.1, Establishment of Districts, with the districts listed in order from least intense to most intense;
b. Whether the proposed new nonconforming use can be expected to generate less traffic, particularly peak hour traffic, than the previous nonconforming use; and,
c. Whether the proposed new use can be expected to result in a decrease in parking demand from the previous nonconforming use.