(A) A change in use of property that is sufficiently substantial to require a new zoning or special use permit in accordance with § 153.340(A) may not be made, except in accordance with divisions (B) through (D) below. However, this requirement shall not apply if only a sign permit is needed.
(B) If the intended change in use is to a principal use that is permissible in the district where the property is located, and all of the other requirements of this chapter applicable to that use can be complied with, permission to make the change must be obtained in the same manner as permission to make the initial use of a vacant lot. Once conformity with this chapter is achieved, the property may not revert to its non-conforming status.
(C) If the intended change in use is to a principal use that is permissible in the district where the property is located, but all of the requirements of this chapter applicable to that use cannot reasonably be complied with, then the change is permissible if the Zoning Administrator issues a permit authorizing the change. This permit may be issued if the Zoning Administrator finds, in addition to any other findings that may be required by this chapter, that:
(1) The intended change will not result in a violation of § 153.033; and
(2) All of the applicable requirements of this chapter that can reasonably be complied with will be complied with. Compliance with a requirement of this chapter is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the non-conforming situation is maintained or 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. And in no case may an applicant be given permission pursuant to this division (C)(2) to construct a building or add to an existing building if additional non- conformities would thereby be created.
(D) If the intended change in use is to another principal use that is also non-conforming, then the change is permissible if the Zoning Administrator issues a permit authorizing the change. The Zoning Administrator may issue the permit if it finds, in addition to other findings that may be required by this chapter, that:
(1) The use requested is one that is permissible in some zoning district with either a zoning or special use permit;
(2) All of the conditions applicable to the permit authorized in division (C) above are satisfied; and
(3) The proposed development will have less of an adverse impact on those most affected by it and will be more compatible with the surrounding neighborhood than the use in operation at the time the permit is applied for.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)