It is the intent of this section to establish a “preferred class” designation that the Planning Commission may approve for certain nonconforming uses, subject to the following:
(A) Procedure. The procedure for considering all preferred class nonconforming designations shall be as follows:
(1) Application. Applications for consideration of a preferred class designation for a nonconforming use may be initiated by the owner, operator or person having beneficial use of the lot occupied by the nonconforming use. The application shall include a detailed description of the use and the reasons for the request.
(2) Public hearing. A public hearing shall be held for all requests for a preferred class nonconforming designation in accordance with the procedures set forth in § 155.291.
(B) Conditions for Approval of a Preferred Class Designation. Subsequent to a public hearing, the Planning Commission may grant a preferred class designation upon finding that all of the following conditions exist:
(1) Use standards.
(a) The nonconformity does not significantly depress the value of nearby properties.
(b) The use does not adversely impact the public health, safety, and welfare.
(c) The use does not adversely impact the purpose of the district where it is located.
(d) No useful purpose would be served by the strict application of ordinance requirements that apply to the nonconformity.
(2) Signage. The Planning Commission may require that signage associated with the use be brought into compliance with § 155.230.
(3) Plan for site improvements. The Planning Commission may require that a site plan be submitted for review per § 155.286.
(4) Other conditions. The Planning Commission may attach conditions to the approval to assure that the use does not become contrary to the purpose of this section and Ordinance; or to the public health, safety, and welfare.
(C) Effect of approval of a preferred class designation. Preferred class nonconformities may perpetuate and expand in accordance with an approved site plan, subject to the provisions of this section, and any conditions of approval. Preferred class nonconforming structures may be perpetuated, expanded, improved or rebuilt if damaged or destroyed, in accordance with an approved site plan and subject to the provisions of this section and any conditions of approval.
(D) Effect of denial of a preferred class designation. An application for a preferred class designation that has been denied by the Planning Commission may not be appealed to the Zoning Board of Appeals, but may be resubmitted for Planning Commission consideration after a minimum of 365 calendar days have elapsed from the date of denial.
(E) Cessation of preferred class nonconforming uses. The preferred class designation shall be deemed removed when the principal structure occupied by a preferred class nonconforming use is permanently removed or when a preferred class nonconforming use is replaced by a conforming use. All subsequent uses shall conform to the use provisions of this chapter.
(F) Rescinding approval of a preferred class designation. Failure of the owner, operator or person having beneficial use of a lot occupied by a preferred class nonconforming use to maintain or improve the site in accordance with the provisions of this section, an approved site plan or any conditions of approval shall be grounds for the Planning Commission to rescind the preferred class designation. Such action shall be subject to the following.
(1) Public hearing. Such action may be taken only after a public hearing has been held in accordance with the procedures set forth in § 155.291, at which time the owner, operator or person having beneficial use occupied by a preferred class nonconforming use shall be given an opportunity to present evidence in opposition to rescission.
(2) Determination. Subsequent to the hearing, the decision of the Commission with regard to the rescinding of approval shall be made and written notification provided to said owner, operator or person having beneficial use occupied by a preferred class nonconforming use.
(G) Existing dwellings in non-residential districts. Single-family dwellings so existing and used in non-residential zoning districts before the effective date of adoption or amendment of this section are hereby designated as preferred class nonconforming uses. Such dwellings and accessory structures may be used, repaired, expanded, altered or replaced if destroyed, subject to the following:
(1) Use, repair, expansion, alteration, or replacement of the dwelling or accessory structures shall conform to all applicable dimensional and use standards of the § 155.041 District.
(2) The use, dwelling, and accessory structures shall be maintained in conformance with all other applicable federal, state, and local laws, ordinances, regulations, and rules.
(Ord. passed 2-20-17)