§ 5-1003. Change in use.

A.

A change in use of property occurs whenever the essential character or nature of the activity conducted on a lot is substantially altered. This occurs whenever:

1.

The change involves a change from one (1) principal use category to another principal use category where the existing site improvements, particularly, but not limited to, parking and stormwater management, are inadequate to accommodate the demands of the new use. The principal use categories shall be agricultural, residential, civic, office, commercial, industrial, and miscellaneous.

2.

A change from one (1) use to another use within a principal use category where the existing site improvements, particularly, but not limited to, parking and stormwater management, are inadequate to accommodate the demands of the new use. Uses which tend to create this situation include, but are not limited to, restaurants, medical offices, and convenience stores.

3.

Whether a change in use occurs shall be determined by comparing the proposed use and the most recent use of the property against the provisions of this section.

4.

A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use.

5.

Where a nonresidential structure has remained unoccupied for more than two (2) years, any new use shall be deemed to be a change in use and all requirements of this ordinance shall apply, unless where the existing site improvements, particularly, but not limited to, parking and stormwater management, are adequate to accommodate the demands of the new use. (7-7-05; Ord. No. 2011-21-C, 11-17-11; 9-17-15; 7-19-18; 11-15-18.)