§ 153.1121 APPLICABILITY.
   (A)   Generally. This section applies to any of the following, except where exempted by subsection (B) below:
      (1)   The construction or erection of any new building or structure for which a development approval is required;
      (2)   Any enlargement exceeding 1,000 square feet or 10% in area, whichever is greater, of the exterior dimensions of an existing building for which a development approval is required; and
      (3)   Any construction of a new parking lot or expansion of an existing parking lot within the street yard by more than 2,000 square feet or 10% in area, whichever is greater.
   (B)   Exemptions. This section does not apply to the following situations:
      (1)   Single-family dwelling units on existing lots of record;
      (2)   Agricultural uses;
      (3)   Commercial uses that abut other commercial uses of the same zoning classification;
      (4)   Interior finish work or remodeling in a portion of a building unless the work results in an increase in the paving area of the parking facilities within the street yard or in an enlargement of the exterior dimensions of an existing building;
      (5)   Any use, building or structure for which only a change of use is requested, and which use does not increase the existing building square footage; and
      (6)   Contiguous commercial parcels or land areas under common ownership.
   (C)   Reduction in required buffer yards. The buffer yard requirements shall be reduced where:
      (1)   A buffer yard exists on an abutting property, and the net buffer yard satisfies the minimum buffer yard requirements of this section; or
      (2)   The abutting property owners have provided a written agreement restricting the use of an established or proposed buffer yard to the uses provided for in this section.
(Ord. 3020, passed 9-10-2013, § 5.31.1)