(A)
All work on any nonconforming project for which a permit has not been issued shall cease on the effective date of this chapter. Thereafter, work on nonconforming projects may begin, or may continue, only pursuant to a special use permit issued by the Board of Adjustment (except as provided in division (A)(2) of this section). The Board shall issue such a permit if it finds that the applicant has in good faith made substantial expenditures or incurred substantial binding obligations or otherwise changed his position in some substantial way in reasonable reliance on the land-use law as it existed before the effective date of this chapter and thereby would be unreasonably prejudiced if not allowed to complete his project as proposed. In considering whether these findings may be made, the Board shall be guided by the following:
(1) To the extent that expenditures are recoverable with a reasonable effort, a party shall not be considered prejudiced by having made those expenditures. For example, a party shall not be considered prejudiced by having made expenditure to acquire a potential development site if the property obtained is just as valuable under the new classification as it was under the old, for the expenditure can be recovered by resale of the property.
(2) An expenditure shall be considered substantial if it is significant both in dollar amount and in terms of the total estimated cost of the proposed project, and the ordinary business practices of the developer.
(3) A person shall be considered to have acted in good faith if actual knowledge of a proposed adoption of land-use law affecting the proposed development site could not be attributed to him.
(4) Even though a person had actual knowledge of a proposed adoption of land-use law affecting a development site, the Board may still find that he acted in good faith if he did not proceed with his plans in a deliberate attempt to circumvent the effects of the proposed ordinance. The Board may find that the developer did not proceed in an attempt to undermine the proposed ordinance if it determines that:
(a) At the time the expenditures were made, either there was considerable doubt about whether any ordinance would ultimately be passed, or it was not clear that the proposed Ordinance would prohibit the intended development; and
(b) The developer had legitimate business reasons for making expenditures.
(B) The requirements of division (A) of this section shall not apply to a nonconforming project if the Zoning Enforcement Officer certifies that actual construction of that project began at least 180 days before the effective date of this chapter and that the work is at least 75% complete at the effective date of this chapter.
(C) The Board of Adjustment shall not consider any application for the special use permit authorized by division (A)(1) of this section that is submitted more than 90 days after the effective date of this chapter, unless it waives this requirement for good cause shown.
(D) If the Board of Adjustment issues a special use permit pursuant to division (A) of this section, it may attach such reasonable conditions to the permit as it finds necessary to reduce the extent to which the nonconforming project is incompatible with the surrounding neighborhood. In particular, the Board may require that work on the nonconforming project be continuously maintained, if possible, and that the project be completed as expeditiously as possible.
(E) When it appears from the developer's plans or otherwise that the nonconforming project was intended to be or reasonably could be completed in stages, segments, or other discrete units, the Board of Adjustment shall not allow the nonconforming project to be constructed or completed in a fashion that is larger or more extensive than is necessary to allow the developer to recoup and obtain a reasonable rate of return on the expenditures he has made in connection with that nonconforming project.
(Ord. passed 6-21-2021)