(A) Purpose. The purpose of this section is to provide standards by which minor nonconforming uses and structures (See § 156.K.001, Purpose and Applicability) can be made "conforming" through a public hearing process. In many instances, minor nonconforming uses and structures are integral parts of the city's fabric, that is, its character and function, so their continuing existence promotes the city's policy objective of protecting its neighborhoods. In these instances, the classification "nonconformity" and resulting restriction on investment may not be what the community desires. As such, the use may be made conforming pursuant to this article in order to remove the potential stigma that may be associated with the "nonconforming" designation.
(B) Procedure. An owner of a minor nonconforming use or structure may apply for a special use permit pursuant to Subsec. 156.J.005.1, Special Use Permits, which has the effect of making the nonconforming use or structure conforming. The criteria for limited use approval are set out in division (D) below.
(C) Exclusions. This procedure does not apply to nonconforming lots, which may be buildable in accordance with the standards for nonconforming lots set out in § 156.J.004, Nonconforming Lots.
(D) Criteria for approval. A special use permit approval may be granted to make a nonconforming building, structure, or use conforming, if, in addition to the criteria for approval of a limited use permit set out in Subsec. 156.J.005.1, Special Use Permits, and § 156.C.005, Special Use Standards, all of the criteria of this section are satisfied.
(1) Approval criteria. The use, as conducted and managed, has minimal nonconformities and has been integrated into the neighborhood's (or zoning district's if it is not in or adjacent to a residential neighborhood) function, as evidenced by the following demonstrations:
(a) The neighborhood residents regularly patronize or are employed at said use (for nonresidential uses in or abutting residential neighborhoods);
(b) Management practices eliminate nuisances such as noise, light, waste materials, unreasonably congested on-street parking, or similar conflicts;
(c) There is no material history of complaints about the use (a history of complaints is justification for denying the conditional use permit, unless the conditions of the permit will eliminate the sources of the complaints); or
(d) The use has been maintained in good condition and its classification as a nonconformity would be a disincentive for such maintenance.
(2) Conditions. The Board of Adjustment (BOA) may impose conditions relative to the expansion of bufferyards, landscaping and landscape areas, or other site design provisions, or other limitations necessary to ensure that, as a conforming use, the use will not become a nuisance. Such conditions may relate to the lot, buildings, structures, or operation of the use.
(E) Effect of approval. Uses that comply with the terms of a special use permit issued in accordance with this section are converted from "legally nonconforming uses" to "conforming uses" by virtue of the issuance of the permit.
(1) Written approval. Special use permit approvals shall be provided to the applicant in writing and may be recorded by the applicant at the applicant's expense.
(Ord. 15039, passed 4-11-2022)