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<br />Change from One Nonconforming Use to Another Nonconforming Use <br /> <br />The Council (Board of Zoning Appeals) may hear and decide on applications to permit a change <br />from one nonconforming use to another. The Council may not permit such a change unless the <br />new nonconforming use is equal to or more compatible with permitted uses in the district in <br />which it is located. The intent of this section is to allow a pre-existing, nonconfOlming use to <br />adapt to changing economic considerations and prevent further deterioration or blight. An <br />application for a change of nonconforming use shall conform to the interim use permit <br />procedures. <br /> <br />The City will not allow any building with a nonconfOlming use to be increased or enlarged, nor <br />extended to occupy a greater area of land if the building is currently dimensionally pre-existing, <br />nonconforming in regard to existing floor area ratio or lot coverage regulations. In permitting a <br />change in nonconforming use, the City may require appropriate conditions and safeguards in <br />accord with other provisions of the Code, such as the provision oflandscaping and buffering, <br />building and fire code life-safety improvements, the improvement of parking areas, and <br />restrictions on the hours of operation. <br /> <br />Burden of Establishing Status <br /> <br />The burden of establishing legal, pre-existing nonconforming use status rests on the person <br />asserting such status. Such persons shall provide sufficient proof to the City that such a pre- <br />existing nonconfonning status exists. <br /> <br />PF3359 - RPCA(080702) Page 8 of8 <br />