(A) A change in use of property where a non- conforming situation exists to a principal use that is permissible in the zone in which the property is located shall be accomplished in the same manner as establishing the use on a vacant lot. Once conformity
with this zoning code is achieved, the property may not revert to its non-conforming status.
(B) If the change is to a permissible use, but all requirements of this zoning code (for example, property development and performance standards) cannot be met then the change may be allowed, subject to the Hearing Officer granting a variance for the waivers. In addition to other findings required for a variance, the Hearing Officer must find that:
(1) The change will not result in a violation of § 19.7; and
(2) All of the requirements that can reasonably be met will be met. Compliance is not reasonably possible if compliance cannot be achieved without the addition of land or without moving a substantial structure that is on a permanent foundation. Mere financial hardship related to such requirements as paving a parking lot may not constitute grounds for granting a variance.
(Ord. 2012-04, passed 12-5-2012)