Sec. 656.720. - Nonconforming Use Administrative Deviation.

(a) The Zoning Administrator, or if absent, as designated by the Director, is authorized to grant nonconforming use administrative deviations in areas outside of the Downtown Overlay Zone as defined in Section 55.105 , pursuant to this Section, notwithstanding any other provision of this Chapter. The procedures for administrative deviations in Part 1 of this Chapter shall apply to nonconforming use administrative deviations pursuant to this Section, except as modified by this Section. (b) The property and use shall meet the following application requirements: (1) The property shall be less than one acre. (2) Development on the property shall not exceed the impervious surface limits in this Chapter for the Zoning District with similar uses. An applicant may propose modifications to the property in the application to meet this requirement. (3) The property shall have been used for the nonconforming use at some point prior to April 25, 1991. (4) The nonconforming use requested shall be the same nonconforming use that existed at some point prior to April 25, 1991. (5) The nonconforming use shall not be an industrial use or any use for the sale or service of alcoholic beverages, including liquor, beer or wine. (6) The nonconforming use shall be an authorized use in the property's current future land use category pursuant to the comprehensive plan. (c) In order to authorize a nonconforming use administrative deviation, the Zoning Administrator shall first determine whether the application meets the application requirements in subsection (b). The Zoning Administrator shall not grant a nonconforming use administrative deviation unless the Zoning Administrator makes a positive finding, based on the substantial competent evidence, on each of the following criteria. The Zoning Administrator may impose conditions or restrictions to mitigate impacts of the nonconforming use. (1) The request is not based exclusively upon a desire to reduce the cost of developing the site, but would accomplish some result that is in the public interest, such as, for example, providing services that are not readily available (food desert, medical services, social services), or serving a cultural, historic, or artistic purpose in the neighborhood. (2) The nonconforming use will not substantially diminish property values in, nor alter the essential character of, the area surrounding the site and will not substantially interfere with or injure the rights of others whose property would be affected by the deviation. (3) The nonconforming use will not be detrimental to the public health, safety or welfare, result in additional public expense, the creation of nuisances, or conflict with any other applicable law. (4) The nonconforming use can be made personal to the applicant (non-transferable). (Ord. 2021-175-E , § 1, 5-11-21)