(A) A change in use of property (where a nonconforming situation exists) that is sufficiently substantial to require a new zoning, special use, or conditional use permit in accordance with § 152.040 may not be made except in accordance with divisions (B) through (D) below, however, if only a sign permit is needed, then this requirement shall not apply.
(B) If the intended change in use is from a nonconforming use to a principal use that is permissible in the district where the property is located, and all of the other requirements of this chapter applicable to that use can be complied with, then permission to make the initial use of a vacant lot. Once conformity with this chapter is achieved, the property may not revert to its nonconforming status.
(C) If the intended change in use is from a nonconforming use to a principal use that is permissible in the district where the property is located, but all of the requirements of this chapter applicable to that use cannot reasonably be complied with, then the change is permissible if the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) issues a permit authorizing the change. This permit may be issued if the permit-issuing authority finds, in addition to any other findings that may be required by this chapter, that:
(1) The intended change will not result in a violation of § 152.173; and
(2) The intended change will result in the satisfaction of all of the applicable requirements of this chapter that can be reasonably be complied with. Compliance with a requirement of this chapter is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained, or by moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements, such as paved parking, does not constitute grounds for finding that compliance is not reasonably possible. Also, in no case may an applicant be given permission pursuant to this division (C) to construct a building or add to an existing building if additional nonconformites would thereby be created.
(D) If the intended change in use from a nonconforming use to another principal use that is also nonconforming, then the change is permissible if the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) issues a permit authorizing the change. The permit-issuing authority may issue the permit if it finds, in addition to other findings that may be required by this chapter, that:
(1) The use requested is one that is permissible in a zoning district with either a zoning, special use, or conditional use permit;
(2) All of the conditions applicable to the permit authorized in division (C) above are satisfied; and
(3) The proposed development will have less of an adverse impact on those most affected, and will be more compatible with the surrounding neighborhood than the use in operation at the date of the permit application.
(Ord. passed 12-20-2001) Penalty, see § 152.999