§ 158.084  SPECIAL USE PERMIT AUTHORIZING ALTERATION OF THE NON-CONFORMITY.
   (A)   Whenever a special use permit is required by this subchapter to alter a non-conformity, such permit may be issued by the Commission subject to the provisions of this section.
   (B)   Such special use permit shall be subject to the same procedures and standards for the granting of a special use permit pursuant to §§ 158.095 through 158.102 of this chapter, including the imposition of appropriate conditions for approval, and with the additional required findings that:
      (1)   The intended change in use, alteration or repair of structure or property or continuation of non- conformity will not result in a violation of the purposes of the applicable provisions;
      (2)   All of the applicable requirements of this chapter are met to the extent reasonably possible; and
      (3)   The proposed use would be otherwise lawful.
   (C)   Compliance with a requirement of this chapter is not reasonably possible if compliance cannot be achieved without purchase of additional land to the lot where the non-conforming situation exists or without moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible. Further, in no case may an applicant be given permission, pursuant to this division (C), to construct a building or add to an existing building if in doing so additional non-conformities would be created. Nothing in this division (C) shall be interpreted to require the granting of a special use permit for a non- conformity authorized under this section where all requirements or standards are not determined to exist. Multiple contiguous lots in common ownership shall not be considered independent lots in determining a hardship. The permit shall specify which non-conformities need not be corrected.
(Ord. 3399, passed 12-5-2005)