Loading...
§ 153.083 REPAIRS AND MAINTENANCE.
   (A)   Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of the official.
   (B)   If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
(Ord. 2013-2, passed 2-7-2013) Penalty, see § 153.999
§ 153.084 USES UNDER CONDITIONAL USE PROVISIONS ARE NOT NONCONFORMING USES.
   Any use which is permitted as a conditional use in a district under the terms of this chapter (other than a change through the Board of Zoning Adjustment’s action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in the district, but shall without further action be considered a conforming use.
(Ord. 2013-2, passed 2-7-2013)
CONDITIONAL USES
§ 153.095 APPROVAL OF CONDITIONAL USE; PROCEDURE AND REQUIREMENTS.
   Conditional uses shall conform to the procedures and requirements of this subchapter.
(Ord. 2013-2, passed 2-7-2013)
§ 153.096 CONSIDERING CERTAIN USES INDIVIDUALLY.
   (A)   It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of a unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually.
   (B)   These specific uses as they are conditionally permitted under the provisions of §§ 153.050 through 153.064 or Appendix A, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272, Official Schedule of Uses, shall follow the procedures and requirements set forth.
(Ord. 2013-2, passed 2-7-2013)
§ 153.097 CONDITIONAL USE PERMIT; CONTENTS OF APPLICATION.
   (A)   An application for a conditional use permit shall be filed with the Chairperson of the Board of Zoning Adjustment by the owner of property for which the conditional use is proposed.
   (B)   At a minimum, the application shall contain the following information:
      (1)   Name, address and phone number of applicant;
      (2)   Legal authorized signature of land owner;
      (3)   Legal description of property;
      (4)   Description of existing use;
      (5)   Zoning district;
      (6)   Description of proposed conditional use;
      (7)   A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open space, landscaping, refuse and service areas, utilities, signs, yards and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this chapter;
      (8)   A narrative statement evaluating the effects of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan; and
      (9)   Such other information as may be required in § 153.099.
(Ord. 2013-2, passed 2-7-2013)
§ 153.098 GENERAL STANDARDS APPLICABLE TO CONDITIONAL USES.
   In addition to the specific requirements for conditionally permitted uses as specified in § 153.099, the Board of Zoning Adjustment shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:
   (A)   Is in fact a conditional use as established under the provisions of §§ 153.050 through 153.064 and appears on the Schedule of Uses in Appendix A, attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272 for the zoning district involved;
   (B)   Will be harmonious with and in accordance with the general objectives, or with any specific objective of the city’s comprehensive plan and this chapter;
   (C)   Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that the use will not change the essential character of the same area;
   (D)   Will not be hazardous or disturbing to existing or future neighboring uses;
   (E)   May be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
   (F)   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
   (G)   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
   (H)   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and
   (I)   Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
(Ord. 2013-2, passed 2-7-2013)
Loading...