§ 158.281. Discontinuance or Change of Nonconforming Use.

Whenever a nonconforming use of land or a nonconforming use of a building or structure ceases for any reason (except where governmental action impedes access to the premises) for a period of six (6) months or more, these nonconforming uses shall not thereafter be reestablished and the subsequent use shall conform to the requirements of this chapter. However, if prior to the expiration of the six-month period, proper application is made to the City Council for change to another nonconforming use of the same character, or to a more restricted but nonconforming use, a change to another nonconforming use may be permitted, subject to the following provisions:

(A)

The City Council shall find that the proposed use is equally or more appropriate to the district than the existing or discontinued nonconforming use and that any adverse effects upon neighboring properties and residents will not be greater than those created by the existing or discontinued nonconforming use.

(B)

In approving any change, the City Council shall be authorized to impose appropriate conditions and safeguards in accordance with the intent and purpose of this chapter.

(Ord. No. 98-84, § 1, 3-22-99)