Marietta v. Washington Cty. Woman's Home Bd. of Trustees

Citations

• 161 N.E.3d 736
• 2020 Ohio 5144

Syllabus

Zoning-nonconforming use-trial court incorrectly granted city an injunction for alleged zoning ordinance violation when city did not establish that proposed nonconforming use of property would be a change in the existing nonconforming use of the property so as to require the planning commission to approve a special use permit bare allegation that a residential treatment facility is different from property's existing use as residential facility for elderly women insufficient to demonstrate change in nonconforming use property owner failed to establish that proposed nonconforming use of property merely continued existing nonconforming use so as to obviate need for special use permit evidence that uses fit same definition contained in zoning classification insufficient alone to demonstrate continuation in use instead, to establish continuation in nonconforming use, party generally must show that no substantial change has occurred to the fundamental nature of the activities conducted on the property and that proposed use has no greater impact on surrounding area.