§ 154.321 SUBDIVISIONS PREVIOUSLY APPROVED.

   In the case of a plot of land, a plan for the subdivision of which into two or more parcels or lots for the purpose of development and sale has, prior to the effective date of this chapter, been duly approved and recorded as required by law, which plan does not make provisions for full adherence to the regulations or this chapter governing minimum lot areas or widths, front, side or rear yards or building coverage, but was in conformity with such regulations as were effective at the time such plan was approved and recorded the development and sale contemplated by the plan may be proceeded with when authorized as a special exception. The Board of Zoning Appeals shall have power to grant a special exception with respect to the whole of such plot of land or any portion thereof.

(Ord. 1995-12, passed 7-6-95)

OFF-STREET PARKING AND OFF-STREET LOADING

§ 154.335 SCOPE.

   The off-street parking and off-street loading provisions of this chapter shall apply as follows:

   (A)   Accessory off-street parking and off-street loading facilities shall be provided, as required by the regulations of this subchapter, for all buildings and structures erected and all uses of land established in each zoning district after the effective date of this chapter. However, where a building permit has been issued prior to the effective date of this chapter, and construction is begun within six months of such effective date and diligently prosecuted to completion, parking and loading facilities in the amounts required for the issuance of said building permit may be provided in lieu of any different amounts required by this chapter.

   (B)   When the intensity of use of any building, structure or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity or other units of measurement in the amount specified herein requiring parking or loading facilities, such additional parking and loading facilities, as required herein, shall be provided.

   (C)   Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the building or structure was erected prior to the effective date of this chapter, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use, if the latter were subject to the parking and loading provisions of this chapter.

(Ord. 1995-12, passed 7-6-95)

§ 154.336 EXISTING PARKING FACILITIES.

   Accessory off-street parking facilities in existence on the effective date of this chapter and located on the same lot as the building or use served shall not hereafter be reduced below, or if already less than, shall not be further reduced below the requirements for a similar new building or use under the provisions of this chapter.

(Ord. 1995-12, passed 7-6-95)

§ 154.337 PERMANENCY OF SPACES PROVIDED.

   Any parking or loading space established prior to the effective date of this chapter which is used or intended to be used in connection with any building, structure or use, or any space designed and intended to comply with the requirements of this chapter for any such building or structure erected after such effective date shall hereafter be maintained in conformance with the provisions of this chapter so long as the building or structure remains, unless the owner provides in another location an equivalent number of spaces in conformance with the provisions of this chapter. The Plan Commission shall at all times be furnished proof of permanency of the parking area provided in compliance with this chapter.

(Ord. 1995-12, passed 7-6-95)