As used in this chapter:
(1) "Abandonment" or "discontinuance of a nonconforming use" means the cessation for use for six consecutive months or for 18 months during a three year period. Abandonment or discontinuance shall be measured by the following documentation provided to the Village Zoning Administrator by the property owner, continuous utility connection, continuous marketing activity (rent and/or sale), and proof of tenant occupancy.
(2) "Class I nonconforming use" means a desirable nonconforming use determined by the Village Planning Commission based on criteria established in the Zoning Ordinance which concludes that a low land use impact (low intensity of use) exists between the nonconforming use and adjacent land uses and the immediate area. Class I uses are considered permissive and are regulated by Section 1286.05.
(3) "Class II nonconforming uses" means an undesirable nonconforming use determined by the Village Planning Commission based on criteria established in the Zoning Ordinance which concludes that a high land use impact (high intensity of use) exists between the nonconforming use and adjacent land uses in the immediate area. Class II uses are considered restrictive and are regulated by Section 1286.06.
(4) "Intensity of use" means a measurement of land use impact which utilizes specific, measurable characteristics which can reasonably be evaluated by the Planning Commission to determine the effect on adjacent properties and/or the immediate area. The characteristics of the existing nonconforming use utilized to determine the intensity of use shall be, but are not limited to, the following:
A. The number of existing off-street parking spaces and their proximity to adjacent uses;
B. Existing outdoor storage;
C. Exterior lighting;
D. Hours of operation;
E. Existing noise, odor and vibration;
F. Existing landscaping, screening and buffering;
G. Existing front, side or rear yard setbacks;
H. The residential density of the existing use; and
I. The lot coverage of the existing use.
(5) "Nonconforming use" means a use of land and/or structure which is legally in existence prior to the adoption or amendment of the ordinance which made it nonconforming.
(6) "Permissive nonconforming use" means nonconforming uses determined to be Class I uses by the Village Planning Commission which would allow one nonconforming use to change to another nonconforming use, building or structure as long as the change is equal to or less intense than the original use.
(7) "Restrictive nonconforming use" means nonconforming uses determined to be Class II uses by the Village Planning Commission and which can only be changed to conforming uses.
(Ord. 2002-4. Passed 6-10-02.)