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Definitions: "Detrimental Impact" for pre-existin2. nonconformin2 uses Expansions and changes of use of pre-existing nonconforming structures that do not comply with current zoning or district can alter the character and property values of an established development or neighborhood as well as future redevelopments in the area. Under state law, the City Council, acting as the Board of Adjustment and Appeals, has little guidance to determine when a proposed expansion, reconstruction, or change of use is substantially more detrimental to the surrounding area (present and future planned). The City project review criteria to determine "detrimental impact" in these "expansion or change" cases, includes increased lot coverage; increased building mass; increased hours of usage, traffic, noise, light, exhausts, hazardous materials storage, life safety improvements, and other issues of concern. One effect of this type of regulation is that, while there is an "expansion or change", overall the new use(s) or structure(s) detrimental impact will remain the same or come closer to being a conforming use in the zoning district. Chan2e from One Nonconformin2 Use to Another Nonconformin2 Use The City will not allow any building with a nonconforming use to increase the detrimental impact, be increased or enlarged, nor extended to occupy a greater area ofland if the building is currently dimensionally pre-existing, nonconforming in regard to setbacks, existing floor area ratio, or lot coverage regulations. In permitting a change in nonconforming use, the City may require appropriate conditions and safeguards in accord with other provisions of the Code to reduce the detrimental impact, such as the provision of landscaping and buffering, building and fire code life-safety improvements, the improvement of parking areas, and restrictions on the hours of operation. In single user or single tenant buildings, the Council (Board of Zoning Appeals) may hear and decide on applications to permit a change from one nonconforming use to another. The Council may not permit such a change unless the new nonconforming use detrimental impact is 1) equal to or less than the previous use, and 2) more compatible with permitted uses in the district in which it is located. The intent of this section is to allow a pre-existing, nonconforming use to adapt to changing economic considerations and prevent further deterioration or blight. An application for a change of nonconforming use shall conform to the interim use permit procedures. In multi-tenant buildings, where a portion of the building may change from one non- conforming use to a non-conforming use, or an existing non-conforming use expands within the existing building shell, the Community Development Director shall determine in writing, if the non-conforming use in question creates more detrimental impact. Burden of Establishin2 Status The burden of establishing legal, pre-existing nonconforming use status rests on the person asserting such status. Such persons shall provide sufficient proof to the City that such a pre- existing nonconforming status exists. \\Victoria\CommDev\Planning Files\3350-3399\3359 _ TwnLakesRez'gB-6\PF3359-RCA(l 021 02).doc PF3359-RCA(J 021 02) Page 13 of 13