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The determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of the use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be included in the enumeration of uses permitted by right.
All applications for permits for a building or use not specifically listed in any of the permitted building or use classifications in any of the districts shall be submitted to the Zoning Administrator and the Law Director to determine compliance with the following standards:
(a) That such use is not listed in any other classification of permitted buildings or uses;
(b) That such use is more appropriate and conforms more to the basic characteristics of the classification to which it is to be added than to any other classification.
(c) That such use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than that which normally results from other uses listed in the classification to which it is to be added; and
(d) That such a use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.
(a) At any time after the adoption of this Planning and Zoning Code, should the City of South Euclid become aware of a nonconforming use, the owner of said nonconforming use shall be notified by the Zoning Administrator of the provisions of this section and of the fact that his or her property constitutes a nonconforming use. Within sixty days after receipt of said notices, the owner shall apply for and be issued a nonconforming registration certificate for the nonconforming use. The application for such certificate shall designate the location, nature and extent of the nonconforming use and such other details as may be required for the issuance of the nonconforming registration certificate.
(b) If the owner of a nonconforming use fails to apply for a nonconforming registration certificate within sixty days after receipt of the foregoing notices, the use shall cease to be nonconforming and shall be deemed to be in violation of this Planning and Zoning Code. The Zoning Administrator shall take appropriate action to enjoin such violation.
(c) If the Zoning Administrator shall find, upon reviewing the application for a nonconforming registration certificate, that the existing use is illegal or in violation of any other ordinance or law, or if he or she finds that the building for which the certificate is requested has been constructed or altered for the existing use or any other use without full compliance with the Building Code or this Planning and Zoning Code, he or she shall not issue the nonconforming registration certificate but shall declare such use in violation of this Planning and Zoning Code.
(d) The nonconforming registration certificate issued by the Zoning Administrator for a nonconforming use shall state that the use may be continued for a period of twelve months. The nonconforming registration certificate may be renewed.
(e) After the adoption of this Planning and Zoning Code, or of any amendment thereto, the Zoning Administrator shall prepare a record of all known nonconforming uses and occupations of lands, buildings and structures existing at the time of the enactment of this Planning and Zoning Code or any amendment thereto. Such record shall contain the names and addresses of the owners of record of such nonconforming use and of any occupant, other than the owner, the legal description of the land, and the nature and extent of the nonconforming use, plus any other information required under Section 751.01. Such record shall be available at all times in the office of the Zoning Administrator.
All exceptions to and variances from the provisions of this Planning and Zoning Code and the Building Code of the City, granted by the Zoning and Building Standards Board of Appeals, shall be void after twelve months from the date of approval thereof, unless, in the case of new construction, work has been done above the foundation walls, and unless, in the case of occupancy of land or reconstruction or occupancy of buildings, the operation called for by the permit is well underway, in the judgment of the Zoning Administrator, by the end of such twelve-month period.
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