[R.O. 1995 § 400.190; Ord. No.
93-31 Art. X § 1, 12-9-1993]
A non-conforming use of land or building may be continued except
as may be limited by other Sections of this Article. A non-conforming
use may not be changed to another use, except to a similar use or
to a use permitted in the district in which it is situated, provided
that all requirements of the district are conformed with.
[R.O. 1995 § 400.200; Ord. No.
93-31 Art. X § 2, 12-9-1993]
No non-conforming use or building shall be enlarged, extended, reconstructed or structurally altered, except: as may be required by law, to the extent permitted in Section
400.210(A)(4) of this Article, or to provide off-street parking or loading space, unless such use is changed to a use permitted in the district in which it is situated.
[R.O. 1995 § 400.210; Ord. No.
93-31 Art. X § 3, 12-9-1993]
A. Non-conforming uses of land or buildings shall be terminated as follows:
1.
When a non-conforming use is discontinued or its operation stopped
for a period of one (1) year, the use of such land or building shall
not thereafter be undertaken except in compliance with the regulations
of the district in which it is situated.
2.
The non-conforming use of open land for junk yards, storage,
advertising signs and devices, or billboards, and non-conforming structures
containing two hundred (200) square feet of ground floor space or
less shall be discontinued within five (5) years of the date of their
becoming non-conforming uses by the adoption of this Chapter (December
9, 1993), amendments to this Article, previous zoning ordinances,
or amendments to previous zoning ordinances.
3.
When a structure is determined to be substandard by the proper
administrative official appointed by the Board of Aldermen under applicable
ordinance of the City and the cost of placing the structure in condition
to satisfy the standards under such ordinance shall exceed sixty percent
(60%) of the reconstruction cost of the entire structure, such non-conforming
structure shall not be restored for the purpose of continuing a non-conforming
use.
4.
When a building which contains a non-conforming use is damaged
by any cause to the extent of more than sixty percent (60%) of the
reconstruction cost of the total structure, it shall not be restored
except in conformity with the district regulations of the district
in which the building is situated.
[R.O. 1995 § 400.220; Ord. No.
93-31 Art. X § 4, 12-9-1993]
The number of dwelling units in a non-conforming residential
structure shall not be increased over the number of dwelling units
in the structure at the time of the structure becoming a non-conforming
structure.
[R.O. 1995 § 400.230; Ord. No.
93-31 Art. X § 5, 12-9-1993]
All uses in the "G" Light Industrial District and all non-conforming
non-residential uses in any residential district shall be operated
to conform to the performance standards of the "G" Light Industrial
District regulations.
[R.O. 1995 § 400.240; Ord. No.
93-31 Art. X § 6, 12-9-1993; Ord. No. 98-01 § 2, 1-8-1998; Ord. No. 2008-06 § 2, 8-13-2008]
A. The Board of Aldermen may, by special permit after public hearing,
authorize under such conditions as it may determine, the location
of any of the following buildings or uses or an increase in their
height in a district from which they are prohibited or limited by
this Article.
1.
Any public building erected and used by any public agency.
2.
The extraction of raw materials.
3.
Hospitals, clinics and institutions; provided, however, that
such buildings or uses will be located upon a lot of sufficient area
and shall be of such character that they will not have any serious
and depreciating effect upon the value of the surrounding development
and, provided further, that the buildings shall be set back from all
yard lines a distance of not less than two (2) feet for each foot
of building height and that parking space is provided upon the premises
adequate to accommodate the cars of the employees and visitors.
4.
Radio towers, broadcasting stations.
5.
Community building or recreation field.
6.
Parking lots on land not more than two hundred (200) feet from
the boundary of any "E" Local Business or the "F" Business Districts
and the Industrial Districts.
7.
Temporary and seasonal uses, including roadside stands and recreational
and amusement facilities.
8.
Public garages and gasoline stations in the "E" Local Business
District.
9.
Drive-in restaurants in the "E" and "F" and "G" Districts.
[R.O. 1995 § 400.250; Ord. No.
93-31 Art. X § 7, 12-9-1993]
A. Before issuance of any special permit for any buildings or uses,
the Board of Aldermen shall refer the proposed application to the
Planning and Zoning Commission, which Commission shall be given forty-five
(45) days in which to make a report regarding the effect of such proposed
building or use upon the character of the neighborhood, traffic conditions,
public utility facilities and other matters pertaining to the general
welfare. No action shall be taken upon any application for a proposed
building or use above referred to until and unless the report of the
Planning and Zoning Commission has been filed; provided, however,
that if no report is received from the Planning and Zoning Commission
within forty-five (45) days, it shall be assumed that approval of
the application has been given by said Commission.
B. If the Board of Aldermen finds and determines that issuance of a
special permit for the proposed use will not:
1.
Have an adverse impact on the character of nearby neighborhoods;
2.
Cause service levels and traffic movements on nearby streets
to deteriorate;
3.
Present a burden on public utilities or emergency services;
4.
Cause noise, light or odors that interfere with the peaceful
use and enjoyment of nearby properties; or
5.
In any other reasonably foreseeable manner adversely impact
existing or permitted uses of public facilities or private property
in the community, the Board may issue a special permit for the proposed
activity, and may also condition the issuance and continuation of
the permit upon such reasonable conditions pertaining to the operation
of the activity and location, appearance and/or landscaping of structures
and the property upon which the permitted activity is to take place
as may be appropriate. The applicant shall have the burden of proof
that the proposed activity and the use and design of the property
and structures will satisfy all criteria listed above.
C. There shall be a filing fee of three hundred fifty dollars ($350.00)
for a special permit application.
[Ord. No. 2015-13 § 3, 11-17-2015]