1123.13 NONCONFORMING SITE CONDITIONS EXISTING AT TIME OF DEVELOPMENT PLAN REVIEW.
   (a)   If a nonconforming site condition(s) exists on a lot when a development plan required by Chapter 1111 (Project Review and Approval Procedures) is submitted that alters the footprint of the building or requires a change in the parking, the applicant shall correct the nonconforming site conditions and submit a development plan that complies with the zoning district requirements.
   (b)   Notwithstanding subsection (a) above, the Planning Commission may determine that such conformance cannot be reasonably achieved because of existing site conditions. In such case, the Planning Commission may approve a development plan that reduces the existing nonconforming site condition(s) to the maximum extent practicable.
   (c)    Existing site conditions include, but are not limited to, the existing lot configuration and patterns of surrounding development; inability of the applicant to acquire additional property; location of the existing structures on the site in question; the amount or location of parking and access on the site in question, and the location of utilities both on and off-site.
(Ord. 3273. Passed 5-9-24.)