If a lawful, conforming use is abandoned and compliance with the existing zoning provisions is highly impracticable or would create a substantial hardship, Council may, as an alternative to changing the zoning classification, grant permission for the creation of a nonconforming use, under the following terms and conditions.
(a) Applicant must show compliance with applicable zoning provisions is highly impracticable or would create a substantial hardship.
(b) No permit for the creation of a nonconforming use shall be issued until after a public hearing, before Council, with thirty days’ public notice, and ten days’ notice of said hearing by certified mail given to all adjoining property owners.
(c) The permitted nonconforming use shall only be that which Council specifically designates and such may not be changed or expanded.
(d) Any cessation of use of more than sixty days or any change or expansion of the use permitted will result in an automatic termination of the permit granted under this section.
(e) The initial term of any use permitted under this section shall be five years. Such use may be renewed for periods of five years, but only after a public hearing before Council to determine that the permittee has complied with the provisions of this section.
(f) The authority to conduct a nonconforming use permitted by this section may not be transferred without the approval of Council.
(g) In granting a permit for the creation of a nonconforming use, Council may impose such additional conditions as it deems necessary and appropriate and in the best interests of the area in which the proposed nonconforming use is located.
(Ord. 13-99. Passed 2-2-99.)