(a) New Uses. The requirements of this chapter shall apply to any zoning permit application involving the construction of a new structure or use in any district.
(b) Expanded Uses.
(1) Whenever a building or use created prior to the effective date of this code is expanded 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 change, expansion or enlargement will increase floor area, number of dwelling units, seating capacity, or other area to an extent larger than thirty-five percent (35%) of the building or use prior to the effective date of this code, then the entire site shall come into compliance with the requirements of this chapter and landscaping and buffering requirements as prescribed in the Code.
(3) Any expansion, or enlargement smaller than the established in subsection (b)(2) above shall comply with the requirements of this chapter for any new parking, loading or stacking space areas required by the expansion. In cases where these small expansions or enlargements occur over a period of time after the effective date of this code, the site shall come into full compliance with the requirements of this chapter and landscaping and buffering requirements in the Code, once the total expansion or enlargement of the floor area, number of dwelling units, seating capacity or other area exceed thirty-five percent (35%) of the original size at the time this code became effective.
(4) If a vehicular use area is expanded without an expansion of any buildings or structures, the expansion shall be reviewed through the zoning permit process.
(c) Zoning Compliance. No certificate of Zoning Compliance shall be authorized unless the use meets the minimum number of parking spaces required by this chapter.
(d) Existing Uses. The requirements of this chapter shall not apply to buildings and uses legally in existence on the effective date of this code unless modified in the manner stated in subsection (b) or (c) hereof. 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.
(e) Planned Unit Developments. All development in a PUD shall be subject to the standards of this chapter unless otherwise modified through the PUD review and approval process. (Ord. 19-92. Passed 9-9-19.)