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CHAPTER 65 - NONCONFORMITIES

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65.330 CHANGE IN USE:

Subdivision 1.     Any nonconforming use of land or structure may be changed to another nonconforming use of the same nature or less intensive nature if no structural alterations are involved and if it is found that the relation of the structure and proposed use to surrounding property is such that adverse effects on occupants and neighboring property will not be greater than if the original nonconforming use continued.

  Subd. 2.  Approval for such a change shall be processed through the Type III review procedure with a Phase III hearing process utilized and the criteria that shall be considered in making the determination on the permit shall include:  

1. The character and history of the use and of development in the surrounding area.
2. The comparable degree of noise, vibration, dust, odor, fumes, glare or smoke detectable at the property line.
3. The comparative numbers and kinds of vehicular trips to the site.
4. The comparative amount and nature of outside storage, loading and parking.
5. The comparative visual appearance.
6. The comparative hours of operation.
7. The comparative effect on existing vegetation.
8. The comparative effect on water drainage.
9. Other factors which tend to reduce conflicts of incompatibility with the character or needs of the area.