(A) New uses. No building or structure or part thereof shall hereafter be erected, constructed, reconstructed, enlarged, moved or structurally altered, and no building, structure, or land shall hereafter be used, occupied, or arranged or designed for use or occupancy, nor shall any excavating or grading be commenced in connection with any of the above matters, except as permitted by the regulations herein which are applicable to the zoning district which such building, structure, or land is located. No use of a structure or parcel of land that is designated as a special use in any zoning district shall hereafter be established, and no existing special use shall hereafter be changed to another special use, in such district, unless a special use permit has been secured in accordance with the provisions of § 151.209, Special uses, of this chapter.
(B) Existing uses. Except as may otherwise be provided, all structural alterations or relocations of existing buildings occurring after the effective date of this chapter, and all enlargement of or additions to existing uses occurring hereafter, shall be subject to all regulations herein which are applicable to the zoning district in which such buildings, uses, or land shall be located.
(C) Existing special uses. Where a structure and use thereof of land lawfully exists on the effective date of this chapter, and is classified by this chapter as a special use in the district where it is located, such use shall be considered a lawful special use. A special use permit issued in accordance with procedures herein set forth is required only for any expansion or major alteration of such existing legal special use. If the special use ceases for a period of more than 1 year, the special use permit shall be void and the special use cannot again be started. No lawful special use shall be changed to any other use unless such new use is a permitted use in the district in which the property is located; nor shall such lawful special use be altered or expanded in any manner, except in compliance with the following:
(1) Application amending the legal special use filed in accordance with § 151.209, Special uses.
(2) The use shall comply with all other requirements of the district in which the property is located.
(3) The use shall comply with all requirements established under § 151.209, Special uses.
(D) Uses not specifically permitted in district are prohibited. Except as hereinafter provided, when a use is not specifically listed as a permitted or special use in any specific zoning district, such use shall be expressly prohibited.
(E) Compliance with regulations. No structure, or part thereof, shall hereafter be built, moved or remodeled in such a way that creates or increases the degree of nonconformance, and no structure or lot shall hereafter be used, occupied, arranged or designed for use or occupancy on a zoning lot which is not in conformance with the site and structure requirements of the zoning district or as otherwise permitted pursuant to a special use permit issued in accordance with § 151.209, Special uses.
(F) Time limitations. Where the Zoning Officer has issued a special use permit, a temporary use permit, or a permit for a variance pursuant to the provisions of this chapter, such permit shall become null and void unless work thereon is substantially under way within 1 year of the date of the issuance of such permit by the Zoning Officer.
(G) Continued conformity with bulk regulations. The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the property owner as long as the building is in existence. Further, no legally required yards, open space, or minimum lot area allocated to any building shall, by virtue of a change in ownership or for any other reason be used to satisfy yard, open space, or minimum lot area requirements for any other building.
(Ord. 2015-08, § 3.04, passed 6-23-2015)