(a) Application. Three (3) copies and one (1) pdf digital copy shall be submitted. Said application shall include:
(1) The name, address, phone number and email of the applicant; and
(2) The address and parcel number of the parcel in question; and
(3) If the applicant is not the owner of the property, a signed letter from the property owner shall be submitted authorizing the applicant to serve as his/her agent for the application; and
(4) A legal description of the property; and
(5) The names and addresses of all property owners within one-hundred feet (100) of the subject property as appearing on the Pickaway County Auditor's current tax list. This requirement may be waived by the Zoning Inspector for any non-conforming use permit issued by the Zoning Inspector in accordance with subsection(b)(1)A. below. In no case shall this requirement be waived for an application that requires Board of Zoning Appeals approval.
(6) A narrative that includes the following information:
A. Evidence of the date the original uses went into operation- photos and other and supporting documentation can be utilized as evidence; and
B. The date that the regulations creating the non-conformity went into effect; and
C. If any portion of a building is vacant, evidence of the length of time it has been vacant; and
D. For the expansion of an existing non-conforming use: evidence of the proposed square footage versus the existing square footage.
E. For the substitution of a non-conforming use: both the existing and proposed use.
(b) Process.
(1) Non-Conforming Use Permit.
A. Within thirty (30) days of receiving a completed application, the Zoning Inspector may issue a non-conforming use permit, if he/she finds sufficient evidence has been provided proving the use existed prior to the effective date of the regulations making such use non-conforming.
B. The Zoning Inspector, at his/her discretion, may require the Board of Zoning Appeals to review and take action on the application. In such cases, the Zoning Inspector shall make this referral within thirty (30) days of receiving the completed application and the Board of Zoning Appeals shall hold a hearing within thirty (30) days of receiving the application from the Zoning Inspector.
C. The public hearing notices shall be the same as the notice requirements for variances outlined in Section 1113.05(c) and (d).
i. Within thirty days of the conclusion of the public hearing, the Board of Zoning Appeals shall take action on said application. The Board shall approve said permit if it determines that sufficient evidence has been submitted illustrating that the proposed use existed prior to the effective date of the regulations making it non-conforming.
A. Within thirty days of receiving a completed application, the Board of Zoning Appeals shall hold a public hearing and take action on said application.
B. The public hearing notices shall be the same as the notice requirements for variances outlined in Sections 1113.05(c) and (d).
C. Within thirty days of the conclusion of the public hearing, the Board of Zoning Appeals shall take action on said application. The criteria for approval is as follows:
i. Expansion:
a. No other expansions of the non-conforming use have been issued in the past.
b. The expansion does not exceed twenty-five percent (25%) of the ground floor area of the existing building; and
c. The expansion does not result in a violation in any other provision of this Ordinance; and
d. The expansion does not occupy ground space required for meeting the yard setbacks or other requirements of this Ordinance; and
e. Such extension is necessary and incidental to the existing properties and does not involve other structures or buildings.
ii. Substitution:
a. The Board finds that the proposed use is equally appropriate or more appropriate to the existing zoning district than the existing non-conforming use.
b. If such substitution is granted, the Board may require appropriate conditions and safeguards to ensure the proposed use blends with the character of the surrounding area.
(Ord. 02-13-2023. Passed 2-21-23.)