(a) In cases of the allotment of property which is undeveloped, and in other specific cases, after public notice and hearing and subject to such conditions and safeguards as the City Planning and Zoning Commission may establish, the Commission may determine and interpret the application of the use district regulations herein established, which permission shall be confirmed by resolution of Council before becoming effective, as follows:
(1) Permit the extension of a building or use into a more restricted district immediately adjacent thereto but not more than fifty feet beyond the boundary line of the district in which such building or use is authorized;
(2) Permit the extension of a nonconforming use or building existing upon the lot occupied by such use or building at the time of the passage of Ordinance 8707, passed June 21, 1948;
(Ord. 2-1960. Passed 1-4-60.)
(3) Use District Exceptions. Permit in a use district any use believed by the City Planning and Zoning Commission to meet the conditions set forth in paragraphs (a)(3)A. through E. hereof, provided that the excepted use is put into effect and utilized within ninety days from the date the use district exception was granted. An excepted use shall be deemed put into effect and utilized to the extent that the person having received the exception from the City must have entered into legal obligations and/or expended funds for the purpose of changing the use of the property to the use granted by the exception. Otherwise, and in the event that the excepted use granted is not fully utilized and put into effect within the meaning of this section within ninety days after it is granted, it shall become null and void and be of no effect.
A. The proposed use district exception is compatible with existing uses of property in the general area.
B. The proposed use district exception would not be substantially disruptive of the character or stability of the general area.
C. The proposed use district exception would not violate any comprehensive planning, zoning or developmental scheme or plan for the City that had been reviewed and adopted by the City and that was currently effective and being followed by the City at the time that the use district exception was considered.
D. The proposed use district exception would be in general keeping with the uses authorized in such district.
E. The proposed use district exception would be in the best interests of the City, in terms of health, safety and welfare.
(Ord. 258-1978. Passed 11-20-78.)
(b) However, paragraphs (a)(1) and (2) hereof shall not be construed to include the extension of any conforming or nonconforming use or variance which permits the premises to be used for a retail gasoline or oil station, for a mortuary or undertaking establishment or for the sale of intoxicating liquor, wine, beer or malt liquors, as defined in Ohio R.C. 4301.01, whether sold for consumption on or off the premises. Nor shall paragraphs (a)(1) and (2) hereof be construed to include the extension of any conforming or nonconforming use or variance which shall provide for the use of the premises under any new or different type of liquor permit, nor shall they be construed to include any extension of the number of hours which the premises may be used for the sale of intoxicating liquor, wine, beer or malt liquors, as defined in Ohio R.C. 4301.01, whether sold for consumption on or off the premises.
(Ord. 2-1960. Passed 1-4-60; Ord. 131-2016. Passed 11-21-16.)