(A) A substantial change in use of property occurs whenever there is a change in the essential character, or nature of the activity, conducted on a lot. A substantial change occurs whenever:
(1) The change involves a change from one principal use category to another;
(2) The original use is a combination use or a planned unit development, and the relative proportion of space devoted to the individual principal uses that comprise the combination use or planned unit development changes to such an extent that the parking requirements for the overall use are altered;
(3) The original use is a combination use or a planned unit development use, and the mixture of types of individual principal uses that comprise the combination use or planned unit development use changes;
(4) The original use is a planned residential development, and the relative proportions of different types of dwelling units change; and/or
(5) Only one business or enterprise is conducted on a lot (regardless of whether that business or enterprise consists of one individual principal use or a combination use), and that business or enterprise moves out and a different type of business or enterprise moves in (even though the new business or enterprise may be classified under the same principal use or combination use category as the previous business).
(a) For example, if there is only one building on a lot, and if the building’s sole tenant is a florist shop that moves out and is replaced by a clothing store, then a change in use occurs even though both the florist shop and the clothing store are classified within the principal use category of 2.111. If the florist shop, however, were replaced by another florist shop, then a change use would not occur because the type of business would not change.
(b) Moreover, if the florist shop moved out of a rented space in a shopping center, and if a clothing store moved into the same space, then a change in use would not occur because there is more than one business on the lot, and because the essential character of the activity conducted on that lot (shopping center - combination use) would not change.
(B) A mere change in the status of property from unoccupied to occupied or vice-versa does not constitute a change in use. Whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than 180 consecutive days or has been abandoned.
(C) A mere change in ownership of a business or enterprise, or a change in the name, shall not be regarded as a change in use.
(Ord. passed 12-20-2001) Penalty, see § 152.999