(a) A nonconforming use which has been abandoned shall not thereafter be returned to a nonconforming use. A nonconforming use shall be considered abandoned whenever any one of the following conditions exist:
(1) When the use has been voluntarily discontinued for a period of two (2) years.
(2) When the nonconforming use has been replaced by a conforming use.
(b) Reinstatement. Properties which have fallen into discontinuance can apply for reinstatement of a nonconforming use. Applications for reinstatement of a nonconforming use may be submitted to the Planning Commission by at least one (1) owner of property or his/her designated agent per the following requirements:
(1) Contents of Application. An application shall be submitted by the applicant to the Planning Commission via the Zoning Administrator and shall contain, at a minimum, the following information:
A. Name, address, and phone number of the applicant.
B. Present use, previous use, and district.
C. Specific proposed nonconforming use and statement explaining how the proposed reinstatement will impact adjacent and proximate properties.
D. Development plan regarding the details of the proposed nonconforming use including but not limited to: off-street parking, vehicle access, traffic flow, hours of operation, signage, etc.
E. A list of all property owners within the 200 feet, contiguous to, and directly across the street from the parcel(s) proposing the reinstatement and their address as appearing on the Crawford County Auditor's current tax list.
F. A fee of three hundred dollars ($300.00).
G. Any other information as may be requested by the Zoning Administrator.
(2) Recommendation by Planning Commission. Within thirty (30) days after the first regular meeting of the Planning Commission after the receipt of the proposed reinstatement, the Planning Commission shall recommend to City Council that the reinstatement be approved as requested, approved with conditions, or it may recommend that the amendment be denied. In formulating such recommendation, the Planning Commission may seek input from interested parties in the form of hearings, meetings, or other methods.
(3) Public Hearing. Before the proposed reinstatement may be approved, the City Council shall hold a public hearing, and shall give at least thirty (30) days notice of the time and place thereof in a newspaper of general circulation in the City. Written notice of the hearing shall be made by the Clerk of Council, by first-class mail, at least twenty (20) days before the date of the public hearing to the owners of property within 200 feet or contiguous to, and directly across the street from such parcel or parcels applying for reinstatement of the discontinued use. Additionally, a sign providing notice of a public hearing will be posted on the property for which the reinstatement was requested, for a period not less than fourteen (14) days prior to the scheduled hearing. The failure of delivery of such notice shall not invalidate such proposed reinstatement.
(4) Action by City Council. No such reinstatement which is in accordance with the recommendation submitted by the Planning Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the membership of the City Council. No such Ordinance which violates, differs from, or departs from the recommendation submitted by the Planning Commission shall take effect unless passed or approved by not less than three fourths (3/4) of the membership of the City Council.
(5) Criteria. In reviewing the proposed reinstatement of nonconforming use and arriving at its decision, the City Council shall consider the following factors
A. Commercial history of property including but not limited to: prior usage, date of last use, etc.
B. Specific nonconforming use requested
C. Characteristics of adjacent properties and neighborhood and the impact of the nonconforming use on general welfare of the adjacent properties and other residents of the City including available off-street parking, vehicle access, traffic flow, hours of operation, signage, etc.
D. Feedback received from neighboring property owners.
(6) Properties which have received City Council's approval for reinstatement of a nonconforming use become subject to the full requirements of nonconformities ordinance (BCO Chapter 1151).
(Ord. 20-2022. Passed 4-19-22.)