Conditional use permits, exceptions in the use requirements of this chapter, are required for all conditional uses and for the enlargement, alteration, or extension of existing conditional uses (see § 151.021(D)). Heretofore, existing uses of a type requiring a conditional use permit shall not be nonconforming uses but shall be deemed to have a conditional use permit for the existing use; however, a conditional use permit shall be required for any enlargement, alteration, or extension. Conditional use permits are not transferable when there is a change in occupancy, either of owner or tenant. An application for a conditional use permit shall include a basic data package (see § 151.026) and be submitted to the Building Commissioner and reviewed by the Planning Commission according to provisions in § 151.024(F).

(2000 Code, § 151.050) (Ord. O-4-96, passed 3-25-1996)

   (A)   Any nonconforming use existing prior to the time that such use has been prohibited by ordinance may be continued.

   (B)   No structure or land where a nonconforming use has been abandoned, or has been changed to a use permitted in the district in which it is located, shall again be devoted to a nonconforming use. Lack of such nonconforming use for a period of one year shall be prima facie evidence of abandonment. If no alterations or extensions to the exterior of any building situated on those premises are made, a nonconforming use of a building may be changed to a use more nearly conforming to the uses permitted, as specified by this chapter for the district in which located, with respect to number of employees, noise, illumination, odors, hours of operation, hazards to health and safety, and similar considerations, providing the Council grants authority to the Building Commissioner to issue a certificate of occupancy or a conditional use permit.

   (C)   Any nonconforming building or structure or one or more of a group of nonconforming buildings or structures related to one use and under one ownership damaged by fire, flood, earthquake, or other act of God, or vandalism, may be reconstructed and used as before such calamity; provided, that the restoration and resumption shall take place within one year of the time of such damage or destruction. If it is damaged to the extent of 65% or more of the assessed valuation for tax purposes, the reconstruction must be in accordance with the provisions of this chapter.

   (D)   Nothing contained in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Building Commissioner, or prevent compliance with the lawful requirements of the Building Commissioner.

   (E)   Whenever a district shall be changed hereafter, any then existing lawful use may be continued.

   (F)   No existing building or premises devoted to a use not permitted by this chapter for the district in which such building or premises is located, except when required to do so by law or ordinance, shall be enlarged, extended, reconstructed, or structurally altered, unless such use is changed to a use permitted in the district in which such building or premises is located.

   (G)   Any nonconforming or conditional use of a building or premises shall not be changed unless such use is changed to a use permitted in the district in which such building or premises is located.

   (H)   The Building Commissioner shall maintain a record of all nonconforming uses, both prior to and after the effective date of this chapter (March 25, 1996), indicating the date, ownership, use, and any additional information that is deemed relevant.

(2000 Code, § 151.051) (Ord. O-4-96, passed 3-25-1996)