Prospect Butler County
City Zoning Code
City Zoning Code
ARTICLE VII
Conditional Uses and Nonconforming Uses
§ 310-35 Conditional uses.
[Amended 11-4-1991 by Ord. No. 91-2]
B.
A request for approval of a conditional use shall be accompanied by a statement demonstrating that the proposal will not endanger the public health, safety, morals or welfare at the selected location, will not deteriorate the environment or create nuisance conditions, such as traffic congestion or excessive noise, glare, smoke, dust or vibration and that the proposal meets all other requirements in the zoning district.
C.
The developer shall submit, in addition to the statement, a site plan of his proposal showing buildings with use noted, points of access into the property, internal drives and parking areas and topographical features, including proposed grading, if any.
D.
The following are general guidelines to be considered in evaluating a conditional use:
(1)
Property access. Entrances should be located as remote as possible from street intersections and to give motorists entering or leaving the property the greatest view of conflicting traffic.
(2)
Parking areas. Parking areas should be screened from adjacent residential buildings by shrubbery, low fence or natural change of grade.
(3)
Landscaping. Areas not paved or occupied by buildings should be landscaped and maintained or left in their natural state prior to development.
(4)
Permanent building. Businesses in which most of the products are stored outside should be operated from a permanent building on the property.
(5)
Residential use on nonresidentially used property. Only the residence of a caretaker or the owner should be permitted on such property.
(6)
Enclosed structures. Businesses and industrial processes should be conducted from within an enclosed building.
(7)
Utilities. Utility lines should be sited to create the least environmental damage and minimum clearance of vegetation should be permitted within the right-of-way.
(8)
Animals. Uses involving the overnight holding of animals should have indoor pens.
(9)
Hours of operation. Council may control hours of operation if late night activity might cause hardship to nearby residents.
§ 310-36 Application.
A.
A nonconforming use is an activity which was present on a property before this chapter was adopted but is not among the list of permitted uses for the zone district in which the property is located. A nonconformity may later be created by an amendment to the zoning text or map, but in no other manner.
B.
A nonconforming structure is one that was built on its property before adoption of this chapter so that its setback from property lines is less and/or height is greater than the standards established for the zone district containing the property.
§ 310-37 Expansion or change of nonconforming uses.
A.
A nonconforming use may be expanded by 50% beyond the area on the ground it occupied when this chapter was adopted. A nonconforming structure may be expanded by 50% in volume over the volume of the structure when this chapter was adopted. In neither case shall such expansion occur outside the setback lines within the property. A nonconforming use may be expanded to occupy all of a structure it occupied partly when this chapter was adopted but then may not be further expanded.
B.
If a nonconforming use is discontinued for a period of at least one year, any use of the property thereafter shall be in conformance with the development regulations for the zone district containing the property. If the owner of the nonconforming use claims the one-year period is too short because of financial, health or other hardship, he may appeal to the Zoning Hearing Board for an extension not to exceed three additional years. Discontinuance of a nonconforming use shall be indicated by the removal of stock-in-trade and/or permanent equipment needed to operate the use.
C.
A nonconforming use may be changed to a second nonconforming use provided that an application for the second use is filed with the Zoning Hearing Board and the Board finds that the proposed use is more compatible with the uses permitted in the zone district than the original nonconforming use.
D.
A nonconforming use may pass from one owner to the next but each succeeding owner of a nonconforming commercial use shall receive approval of the Code Enforcement Officer before commencing operation to assure that the use will be operated in essentially the same manner as formerly.
E.
Once a nonconforming use is changed to a conforming use it may not thereafter revert to nonconforming status. If a nonconforming use occupies a building and is discontinued, any nonconforming use of the property shall also cease.
§ 310-38 Nonconforming structures.
A.
No structure shall be enlarged or altered to create a nonconformity or increase an existing nonconformity except in compliance with § 310-37A above.
B.
Replacement of a nonconforming structure shall be done with respect to the setback and height requirements for the zone district containing the property, except that if the owner alleges a hardship he may petition the Zoning Hearing Board to grant approval of replacement of the foundation of the building to be replaced.
§ 310-39 Record of nonconforming uses.
A.
The Code Enforcement Officer shall keep a record of nonconforming uses by map or written documentation.
B.
The record shall be based on requests received from property owners that their properties be registered as nonconforming. The Code Enforcement Officer shall inspect the property and shall issue a certificate of nonconformance if he verifies that a nonconformity exists. The certificate shall describe the nonconformity specifically. He shall keep one copy of each certificate he issues in his files and give one to the property owner.