(A) (1)
A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes.
(2) This occurs whenever:
(a) The change involves a change from one principal use category to another;
(b) If the original use is a combination use (§ 153.088) or planned unit development (§ 153.089), the relative proportion of space devoted to the individual principal uses that comprise the combination use or planned unit development use changes to such an extent that the parking requirements for the overall use are altered;
(c) If the original use is a combination use or planned unit development use, the mixture of types of individual principal uses that comprise the combination use or planned unit development use changes; and
(d) If there is only one business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one individual principal use or a combination use), that business or enterprise moves out, and a different type of enterprise moves in, and is found under the same principal use or combination use category as the previous type of business. For example, if there is only one building on a lot and a florist shop that is the sole tenant of the building moves out and is replaced by a clothing store that constitutes a change in use even though both tenants fall within the scope of general retail. However, if the florist shop were replaced by another florist shop, that would not constitute a change in use since the type of business or enterprise would not have changed. Moreover, if the florist shop moved out of a rented space in a shopping center and was replaced by a clothing store, that would not constitute a change in use since there is more than one business on the lot and the essential character of the activity conducted on that lot (shopping center - combination use) has not changed.
(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 continuous days or there has been no affirmative attempt or expressed intention on the part of the property owner to rent, sell or use the property.
(C) A mere change in ownership of a business or enterprise shall not be regarded as a change in use.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)