§ 152.185 GENERAL; CONTINUANCE.

   (A)   Except as otherwise required by law, a structure or use legally established prior to the adoption date of this chapter may be maintained unchanged.

   (B)   In other than criminal proceedings, the owner, occupant or user shall have the burden to show that the structure, lot or use was lawfully established.

(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)

§ 152.186 DISCONTINUANCE.

   (A)   Vacancy. Any lot or structure, or portion thereof, occupied by a nonconforming use, which is or hereafter becomes vacant and remains unoccupied by a nonconforming use for a period of six continuous months shall not thereafter be occupied, except by a use which conforms to this chapter; provided, that if a single-family owner occupied structure remains vacant for a period exceeding six continuous months because it is being foreclosed upon by a financial institution, the property shall not thereafter be occupied as a single-family owner occupied structure if the structure remains vacant for more than the six continuous months immediately succeeding the completion of the foreclosure proceeding; provided however, that if a single-family owner occupied structure remains vacant for a period exceeding six continuous months because the property owner is delinquent in paying ad valorem property taxes and the property is under going the tax foreclosure and sale procedure, the property shall not thereafter be occupied as a single-family owner occupied structure if the property remains vacant for more than the six continuous months immediately succeeding the completion of the tax sale proceeding.

   (B)   Damage. If any nonconforming structure or use is, by any cause, damaged to the extent of 50% of the value as determined by the Code Official, it shall not thereafter be reconstructed as such unless such reconstruction is first approved as a variance by the Zoning Board of Appeals; provided, that a single-family owner occupied structure that is up to 100% destroyed shall not thereafter be reconstructed as a single-family owner occupied structure unless such reconstruction commences no later than 12 months immediately succeeding the month in which the structure was destroyed.

(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)

§ 152.187 ADDITIONS AND MODIFICATIONS.

   (A)   Maintenance and repair. Maintenance, repairs and structural alterations shall be permitted to be made to nonconforming structures or to a building housing a nonconforming use with valid permits.

   (B)   Changes of nonconforming use.

      (1)   A change of use of a nonconforming use of a structure or parcel of land shall not be made except to that of a conforming use.

      (2)   Where such change is made, the use shall not thereafter be changed back to a nonconforming use.

   (C)   Additions. All additions to nonconforming structures shall conform to the requirements of this chapter. Additions to structures housing nonconforming uses that increase the area of a nonconforming use shall not be made unless first authorized as a variance by the Zoning Board of Appeals.

(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)

CONDITIONAL USES

§ 152.200 CONDITIONAL USE PERMIT.

   (A)   Generally. A conditional use permit shall be obtained for certain uses which may be harmonious under special conditions and in specific locations within a zone, but shall not be allowed under the general conditions of the zone as stated in this chapter.

   (B)   Submittal. All conditional use permit applications shall be submitted to the Code Official who in turn will forward the application to the Zoning Board of Appeals. All applications shall be accompanied by maps, drawings, statements or other documents in accordance with the provisions of § 152.007(F)(4) of this chapter. A fee established by this chapter shall be collected at the time of submittal of any amendment to an approved conditional use permit as determined by the city.

(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)

§ 152.201 PUBLIC HEARING.

   Prior to the approval, amending or denial of a conditional use permit, a public hearing shall be held in accordance with the provisions of § 152.009 of this chapter. Upon the completion of said public hearing, the Zoning Board of Appeals shall render a decision within a time limit as required by law.

(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)

§ 152.202 DETERMINATION; AUTHORIZATION.

   (A)   The Zoning Board of Appeals, shall have the authority to impose conditions and safeguards as deemed necessary to protect and enhance the health, safety and welfare of the surrounding area.

   (B)   The authorization of a conditional use permit shall not be made unless the evidence presented is such as to establish:

      (1)   Such use will not, under the specific circumstances of the particular case, be detrimental to the health, safety or general welfare of the surrounding area and that the proposed use is necessary or desirable and provides a service or facility that contributes to the general well being of the surrounding area;

      (2)   Such use will comply with the regulations and conditions specified in this chapter for such use; and

      (3)   The Zoning Board of Appeals shall itemize, describe or justify, then have recorded and filed in writing, the conditions imposed on the use.

(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)