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il <br />Oioiio City Council <br />November 3. 1993 <br />Page 2 <br />U. OWNER OCCUPANCY <br />You have also asked whether the City may require, as part of the conditional use <br />permit it issues, that the duplex continue to be owner-occupied in the future. The City is <br />clearly authorized under iis code and constitutional principles to require that the non- <br />conforming use of ihc property not change or expand in tlic future. If such a change or <br />expansion occurs, the City is entitled to prohibit the new use as contrary to the zoning code. <br />However, this limitation only applies to the non-cunforming portion of the use. In this <br />case, Ms. McKinney’s use of her property is non-conforming because il houses more than one <br />"family" In a "single family" residential district. The non-conformity is not the identity or <br />status of the occupants of the property. Consequently, the nature of the non-conforming use <br />will not change as the identity of the persons residing In the duplex changes. Since the non- <br />conforming use of the property would not be changed or expanded if the property were not <br />occupied by the owner, the City cannot make owner occupation a condition of issuing the <br />conditional u.se permit. <br />cc:TJBarreu