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Only for a legal nonconforming residential use, may a special residential occupancy permit be granted to allow for the re-establishment of a residential, nonconforming use where a prior legal nonconforming residential use has expired and the structure still remains. The expired legal nonconforming residential use may be reinstated provided the following standards are fulfilled and the Planning Commission grants a permit.
(a) The proposed residential use shall be harmonious and in accordance with the intent of the residential district in which it is to be located and other objectives of this Zoning Code and the Comprehensive Plan.
(b) The proposed residential use shall be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and shall not change the essential character of the same area.
(c) The proposed residential use shall not be in conflict with existing or future neighboring uses.
(d) The proposed residential use shall be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer services; or the person or agencies responsible for the establishment of the proposed use shall be able to provide any service adequately.
(e) The proposed re-institution of the nonconforming residential use shall not be detrimental to any existing uses, activities, processes, materials, equipment or conditions in the neighborhood.
(f) The cost of improvements to the existing nonconforming building to bring such structure up the standards established by the City Building Code shall not be greater than sixty percent (60%) of the value of the building structure. The Building Official may require that the value of the building be established by an appraisal submitted by a qualified appraiser.
(g) The Planning Commission may revoke the special residential use permit if the property is not maintained in a manner that would conform to the policies detailed above.
(h) The initial application shall have a processing fee established by the City Manager and approved by the City Commission and published in the Index of Fees maintained by the Community Development Department.
(i) It is required that the Special Residential Occupancy Permit be annually renewed. No fee is required for the annual renewal.
(Ord. 02-191. Passed 12-9-02.)