(A) An authorized limited present use designation resulting in a variation from the regulations of this chapter shall be granted by the Board only in accordance with the standards set out in § 154.267 and may be granted only in accordance with and upon all the following conditions:
(1) A limited present use designation will be granted only to the present owner or owners holding not less than a 50% title interest in the property (or, if a land trust, having not less than a 50% beneficial interest in said trust), provided, that a contract purchaser or purchasers shall be deemed to be an owner having a title interest for purposes of this section, and mortgage liens or other liens encumbering the subject property shall not be subtracted from the value of the title interest of the owners when determining whether the owners have a 50% title interest in the property. Lessees or assignees of the owner shall not be entitled to a limited present use designation;
(2) A limited use will be granted only in instances where the facts giving rise to the request for a special use designation have existed for a period of time not less than two years, and a majority of the abutting property owners have evidenced no written objections to such designations;
(3) A limited present use designation will terminate automatically and immediately at such time as:
(a) The owner has divested himself of substantial ownership interest in said property;
(b) The owner ceases to use the property in the same manner in which said property was used at the time application for a limited present use designation was filed;
(c) The owner's operation volume or use of the property is increased significantly from that set forth at the time a special and limited present use designation was granted;
(d) If the property or area is not continually maintained in a neat and orderly manner;
(e) If parking in the area of the property in question becomes a problem, or is objectionable to a number of abutting property owners.
(B) The concurring vote of the majority of a quorum of the Board shall be necessary in order that the matter voted upon, including findings and recommendation, may be submitted to the Village Board of Trustees for final determination.
(Ord., passed 2-18-64)