168.02-B BLIGHTED AREA.

   (a)    "Blighted area" means an area within the City in which are found the conditions defined herein. At least fifty percent (50%) of the total number of structures and vacant parcels, reasonably distributed throughout the area, meet the following criteria:

      (1)   For structures, the presence in the structure, in its accessory outbuildings, in the parcel on which the structure is located, or in relationship to surrounding properties of three or more of the following factors or the presence of any one or two factors to an excessive degree.

         A.   Age in excess of forty years;

         B.   Obsolescence (either functional or economic), including inadequate ventilation, light, or sanitary facilities;

         C.   Dilapidation or deterioration;

         D.   Abandonment, vacancy exceeding thirty-three percent (33%), or extensive adaption of otherwise habitable space for storage;

         E.   Faulty arrangement or lot layout, including, but not limited to, lack of required off-street parking or loading spaces; overcrowding; land coverage exceeding zoning requirements; obsolete platting; or inadequate lot sizes;

         F.   Deleterious land use, unsafe or environmentally hazardous conditions, unsuitable or unstable soil conditions, failure to maintain grounds, or a mixture of incompatible uses;

         G.   Periodic flooding or location in a designated area of special flood hazard;

         H.   Lots effected by inadequate or deteriorated public facilities or rights-of-way, or defective layout of streets which inhibit development to modern standards; an overabundance of curb cuts; lack of curbs or sidewalks; or inadequate, unsafe and overcrowded streets;

         I.   Diversity of ownership or defective or unusual conditions of title (including substantial tax or assessment delinquencies) rendering private assemblage for redevelopment unlikely;

         J.   Illegal use of structures, or conditions or uses not permitted by current building, fire, health or zoning codes except as pre- existing uses;

         K.   Open or apparent building, zoning, health or fire code violation;

         L.   Unsafe or environmentally hazardous conditions, unsuitable or unstable soil conditions, failure to maintain grounds, or deleterious land use;

         M.   Other factors inhibiting sound private development or otherwise detrimental to the public health, safety, morals and general welfare; or

      (2)    For vacant parcels (including parking lots with no structure on the same parcel) the presence in the parcel or in relationship to surrounding properties, of two or more of the following factors or the presence of any one factor to an excessive degree:

         A.   Relatively small lots where diversity of ownership or defective or unusual conditions of title (including substantial tax or assessment delinquencies) rendering private assemblage for redevelopment unlikely;

         B.   Illegal use, or conditions or uses not permitted by current building, fire, health or zoning codes except as pre-existing uses;

         C.   Faulty arrangement or lot layout; obsolete platting; or inadequate lot sizes;

         D.   Lots effected by inadequate or deteriorated public facilities or rights-of-way, or defective layout of streets which inhibit their development to modern standards; an overabundance of curb cuts; lack of curbs or sidewalks; or inadequate, unsafe and overcrowded streets;

         E.   Unsafe or environmentally hazardous conditions, unsuitable or unstable soil conditions, failure to maintain grounds, or deleterious land use;

         F.   Periodic flooding or location in a designated area of special flood hazard;

         G.   Abandonment, or vacancy for a period of five or more years;

         H.   Open or apparent building, zoning, health or fire code violations;

         I.   Other factors inhibiting sound private development or otherwise detrimental to the public health, safety, morals and general welfare; or

       (3)    For vacant parcels or structures, the presence on a vacant parcel or on a parcel upon which a structure is located of one or more of the following:

         A.   A railyard, marshaling yard or railroad right-of-way, abandoned or unused for three or more years;

         B.   A gasoline service station or motor vehicle service garage, abandoned or unused for three or more years; or

         C.   A junkyard or solid waste disposal or landfill site;

   (b)    As used in this section and Section 168.01-D:

      (1)   "Structure" means a structure of at least 250 square feet floor area; for purposes of counting, multiple structures on one parcel shall be counted separately; accessory outbuildings shall not be counted as separate "structures," but may be found to contribute to blight or deterioration on an otherwise unblighted parcel.

      (2)   "Vacant parcel" means a parcel containing no structure.

      (3)   "Parcel" means a parcel as designated by the Butler County Auditor's office, provided that two or more adjoining parcels under single ownership shall be considered one parcel; provided further that an unused portion of an otherwise developed parcel, appropriate for sale as a separate development tract, may be considered and counted as a separate "vacant parcel"; and provided that for purposes of counting parcels a vacant parcel in excess of l00,000 square feet in area shall be counted as that number of parcels which is the result of dividing the total parcel area in square feet by 100,000 rounded to the next highest whole number.

         (Ord. 195-99. Passed 10-25-99; Ord. 217-99. Passed 12-13-99.)