1149.02 APPLICABILITY.
   (a)   New Uses. No new building or new land use shall be authorized unless the standards of this Chapter, including the minimum number of required parking spaces, are met.
   (b)   Change of Use. No change of use shall be authorized unless the new use meets the standards of this Chapter, including the minimum number of required parking spaces.
   (c)   Expanded Uses.
      (1)   Whenever a building or use created prior to the effective date of this provision is changed or enlarged in floor area, number of units, seating capacity, or otherwise that will create a need for an increase in the number of parking spaces, loading spaces, or vehicle stacking spaces, the additional spaces shall be provided on the basis of the new demand created by the area of the alteration, addition, or change.
      (2)   If the proposed expansion or enlargement will increase the floor area, number of units, seating capacity, or other area to an extent larger than twenty five (25) percent of the building or use prior to the effective date of this provision, then the entire site must come into compliance with the requirements of this Chapter.
      (3)   Any expansion or enlargement smaller than that established in subsection (2) above shall comply with the requirements of this Chapter for any new parking, loading, or stacking space areas required for the expansion. In cases where these small expansions or enlargements occur over a period of time after the effective date of this provision, the site shall come into full compliance with the requirements of this Chapter once the total expansion or enlargement of the floor, number of units, seating capacity or other area exceeds twenty-five percent (25%) of the original size at the time this provision became effective.
   (d)   Changes or Expansions to Parking Areas.
      (1)   So long as no expansion is proposed to any building or structure on a site, an existing parking area may be expanded, improved, or otherwise made more conforming in accordance with the design standards of this Chapter, except as provided in subsection (d)(2) below.
      (2)   In the UP and RO districts, any new off-street parking areas, or expansions to existing parking areas greater than twenty-five percent (25%) as compared to the area existing on the effective date of this provision, are subject to Conditional Use review as provided in Chapter 1147. This provision shall not apply to any new or expanded off-street parking provided to comply with minimum requirements for single-, two-, or three-family dwellings on individual lots.
   (e)   Existing Uses. The requirements of this Chapter shall not apply to buildings and uses legally in existence on the effective date of this provision unless modified in a manner as stated in subsections (a) - (d) above. Furthermore, any facilities regulated by this Chapter that serve such existing buildings or uses shall not be reduced below the requirements established in this Chapter in the future. Notwithstanding these provisions, Utilization standards shall always apply to existing uses. (Ord. 3609. Passed 1-19-21.)