10.034 Criteria for Nonconformity Expansion or Change.
A nonconforming structure or use described in Section 10.032, Nonconformities, may be expanded or changed to serve another use, as per Section 10.033, Continuation of Nonconforming Development. The expansion or change shall be found to comply with the following criteria:
(1) The lot or parcel of record was legally created, is a legal, nonconforming lot or parcel as described in Section 10.033(6), or was legally established in accordance with the provisions of Section 10.176A, Validation of a Unit of Land.
(2) The standards that would be applied to new development.
(3) The height, setback and similar site oriented standards that new development in the zoning district is required to observe.
(4) The proposal development and its use will not increase or aggravate existing adverse impacts, if any, presently resulting from said development on the surrounding area when the following are complied with:
(a) The character and history of the use is consistent with the general development character of the surrounding area.
(b) The degree of noise, vibration, dust, odor, fumes, glare or smoke detectable at the property line will not be increased.
(c) The numbers and kinds of vehicular trips to the site will not exceed the maximums typical for the zoning district within which the project is located.
(d) The amount and nature of outside storage, loading, and parking will not be increased or altered so as to cause further impacts.
(e) The visual appearance of the development will compliment the adjacent architecture and site planning.
(f) The hours of operation will not be altered or increased.
(g) Other factors which tend to reduce conflicts or incompatibility with the character or needs of the area.