(a)   Within the City no building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used for any of the following specified uses, except on special permit as provided in Section 1244.05:

      (1)   An aviation field, amusement park, circus ground, public swimming pool or skating rink;

      (2)   A crematory or cemetery;

      (3)   A pesthouse, penal or correctional institution;

      (4)   A sewage disposal or treatment plant, garbage disposal plant or refuse dump;

      (5)   A gravel pit, sand pit or stone quarry;

      (6)   A nonpermanent recycling center, providing the following conditions are met:

         A.   The center shall be only in nonresidential zones or on property owned by governmental bodies, churches, or charitable organizations and shall not be detrimental to the neighborhood or the general public.

         B.   The permit shall be nontransferable and shall specifically designate the approved site.

         C.   Collected materials shall be limited to aluminum cans, glass and paper and must be stored in nonpermanent containers.

         D.   No permanent structure shall be constructed on the site and the site shall be kept clean and neat.

         E.   The special permit shall be valid for such period as designated by the Board of Adjustment, but in no event shall exceed six months. The permit may, however, be renewed by the Board for a successive six month period.

         F.   The applicant for the special permit shall submit to the Board of Adjustment a site plan describing the operation and demonstrating compliance with the conditions set forth herein.

      (7)   In any Industrial District, a radio tower, cell tower, antenna, or other similar structure, built, constructed, and designed in accordance with all state and federal regulations.

   (b)   Any use specified in subsection (a) hereof existing in any use district on June 6, 1949, shall be deemed an authorized use upon the plot devoted to such use on such date.

(Ord. 239-20. Passed 12-7-20; Ord. 161-22. Passed 8-8-22.)

   (A)   A nonconforming use may be continued until such time as there is an abandonment of such use. An abandonment of such use shall be established upon any one of the following events:

      (1)   The cessation of such nonconforming use continued for a period of twelve consecutive months.

      (2)   The removal of substantially all of the equipment used in the nonconforming use.

      (3)   A change in the nonconforming use to a higher use.

   (B)   Any property purchased or acquired in good faith for any nonconforming use prior to June 6, 1949 or prior to annexation, upon which property the work of changing or remodeling for the nonconforming use has been begun and for which a building permit has been issued, may be used for the nonconforming use for which such changing or remodeling was undertaken, notwithstanding any provision of this Zoning Code to the contrary. Nothing in this Zoning Code shall prevent the reconstruction or replacement of a building wholly or partly destroyed by fire, explosion, act of God or act of a public enemy subsequent to June 6, 1949 or to annexation, or prevent the restoration of a wall declared unsafe by the Building Commissioner.

   (C)   Except on special permit, as provided in Section 1244.05, a nonconforming use shall not be extended. However, the extension of a use to any portion of a building, which portion was arranged and designed for such nonconforming use on or before June 6, 1949 or on or before annexation, shall be permitted. Further, a building arranged or designed for and devoted to a nonconforming use on June 6, 1949 or on annexation, which use has been conducted without abandonment as provided in subsection (a) hereof, may be reconstructed, structurally altered or enlarged in any lawful manner or to any extent so as to increase the floor space thereof over that existing on June 6, 1949 or on annexation, by not more than fifty percent (50%), unless the use of such building is changed to a conforming use. Any building which has been used for a nonconforming use may be replaced by a new building on the same area, which new building shall be used for such nonconforming use, such shall not contain more than one hundred and fifty percent (150%) of the floor space of the replaced building and shall conform to all building regulations of the City. A nonconforming yard use, operated without abandonment since June 6, 1949 or since annexation, may be housed to provide floor area of not more than that of the yard so used, upon a special permit as provided in Section 1244.05.

   (D)   A nonconforming use shall not be changed unless changed to a higher use. A nonconforming use, if changed to a higher use, may not thereafter be changed back to a lower use. For the purpose of this subsection, a use shall be deemed to be changed if changed from a use listed in Sections 1248.01 to 1248.03, inclusive, 1248.11, 1250.01, 1252.01, 1252.02, 1254.01 and 1256.03 to a use not listed. Such change shall be deemed a change to a higher use if the new use is a use that is listed in a preceding numbered section.

(Ord. 66-83. Passed 4-25-83.)

   Within the City, no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, as an abattoir, a slaughterhouse, the distillation of bones, the rendering of fat, the manufacture of fertilizer, glue or hair, the reduction or dumping of offal or dead animals, a stockyard or the storage or processing of hides.

(Ord. 140-79. Passed 8-20-79.)

   (a)   Any use authorized in a Class II Residential District may be permitted in certain locations in a Class I Residential District by way of a special use permit issued by the Board of Adjustment pursuant to the same standards and procedures as are required for variances in Section 1244.05, and according to the provisions of this section.

   (b)   Any use authorized in a Class III Residential District may be permitted in certain locations in a Class II Residential District by way of a special use permit issued by the Board of Adjustment pursuant to the same standards and procedures as are required for variances in Section 1244.05, and according to the provisions of this section.

   (c)   Any use authorized in an Office District may be permitted in certain locations in a Class III Residential District by way of a special use permit issued by the Board of Adjustment pursuant to the same standards and procedures as are required for variances in Section 1244.05, and according to the provisions of this section.

   (d)   Any use authorized in a Class I Business District may be permitted in certain locations in an Office District by way of a special use permit issued by the Board of Adjustment pursuant to the same standards and procedures as are required for variances in Section 1244.05, and according to the provisions of this section.

   (e)   Any use authorized in a Class II Business District may be permitted in certain locations in a Class I Business District by way of a special use permit issued by the Board of Adjustment pursuant to the same standards and procedures as are required for variances in Section 1244.05, and according to the provisions of this section.

   (f)   (1)   In addition to the standards and procedures required to be followed by the Board of Adjustment as set forth in Section 1244.05, except those regarding notification, the Board of Adjustment shall only grant special use permits pursuant to this section in the following situations:

         A.   The permitted uses are not anticipated to be offensive because of additional or unreasonable odor, dust, smoke, gas, noise, or vibration;

         B.   The permitted uses are not anticipated to cause an unreasonable degree of disturbance or have an adverse impact to the immediate or surrounding area by an increase in the amount of pedestrians or vehicles, or otherwise be unsightly or otherwise objectionable;

         C.   The permitted uses are not anticipated to result in unreasonable diminution in the value of property in the area; and

         D.   All abutting property owners and City Council are given ten days advance notice of the hearing on the special use permit by regular mail service, with a Certificate of Mailing issued by the U.S. Postal Service.

      (2)   If the Board denies a requested permit, it shall specify its reasons for denial, in writing, and serve its decision on the applicant together with a notice of any rights to appeal the applicant may have.

      (3)   The decision of the Board whether to grant or deny an application for a special use shall be filed with City Council.

   (g)   The Board of Adjustment is authorized to establish reasonable conditions and limitations on the allowed use of the property as an expressed condition of the granting of the special use permit to effect the maintenance of the standards by which the special permit is issued. The property owner’s failure to maintain compliance with such conditions shall be grounds for revocation of the special use permit.

   (h)   The special use permit shall be transferable to a successor in title, but is limited to the use and subject to all conditions as originally authorized by the Board. Upon the transfer of real estate subject to a special use permit, the transferor shall provide the City written notice of the transfer and the name and address of the purchaser within fifteen days of the transfer. Failure to provide the required notice may be cause for the Board to terminate the special use permit and shall be deemed to be a minor misdemeanor offense, punishable by a fine of not more than one hundred dollars ($100.00).

   (i)   A fee as required in Chapter 1290 shall be paid with the filing of an application for a special use permit. The Board of Adjustment may waive up to ninety percent of the fee for just cause.

   (j)   The Zoning Administrator shall have the duty to investigate the use requested and shall make a written report and recommendation to the Board of Adjustment within forty- five days of the date of the application, or such later date as may be authorized by the Board. The Board may require the Zoning Administrator to submit any additional information the Board determines to be appropriate for it to consider.

   (k)   The Board shall conduct a hearing on the advisability of issuing a special use permit within ninety days of the date of the application, or as soon thereafter as the Board determines is practicable.

   (l)   Notwithstanding any provisions set forth above, Council may, upon its own motion, review any special use permit considered by the Board of Adjustment. Council may thereafter by ordinance reverse, alter, amend, revise, or otherwise modify any decision of the Board of Adjustment provided such ordinance is approved by at least two-thirds of the members elected to Council, within thirty days of Council’s receipt of the Board’s decision.

   (m)   Unless the Board’s decision is modified by Council as provided in division (l) of this section, the special use permit may only be revoked or modified after a hearing by the Board and having found the original conditions of the permit are not being met or remedied after reasonable notice to the permit holder. Reasonable notice shall be a period of not less than sixty days following written notification mailed by regular mail to the permit holder.

   (n)   Any special use permit shall automatically terminate, without recourse, if the use is abandoned for six consecutive months. Abandonment shall mean a cessation of the special use at the location for six consecutive months, removal of substantially all of any equipment required by the special use, or modification of the premises in a manner inconsistent with the special use.

   (o)   Once approved, no change in the specified use or conditions of a special use permit shall be allowed. Any proposed change or modification shall require a new application which shall be considered in every manner as an original application.

   (p)   The Board may promulgate rules necessary to effectuate the provisions herein.

(Ord 159-07. Passed 7-23-07; Ord. 241-18. Passed 10-8-18.)