§ 21.27.060. Expansion.

A nonconforming use or structure may not be expanded or altered in any way so as to increase that nonconformity, except as follows:

A.

Uses permitted by CUP or AUP. Any use which was originally established in a zone district by right and has since been reclassified as a discretionary use in that district shall obtain an administrative use permit or a conditional use permit prior to expansion of the use or any structure related to the use. An application to change an alcoholic beverage license to expand the range of beverages sold shall be considered an expansion of that use.

B.

Conforming nonresidential uses with nonconforming parking. A conforming nonresidential use with nonconforming parking may be expanded or intensified, as long as parking is provided for the expansion or intensification in accordance with current parking standards. The required number of spaces shall be calculated based on the additional square feet of new construction or other applicable unit of measurement.

C.

Nonconforming residential uses.

1.

Maximum expansion. A nonconforming residential use (i.e., that exceeds the allowable density for the zone, or is located in a zone that does not permit residential uses) may expand up to two hundred fifty (250) square feet per unit.

2.

Parking. Any expansion beyond two hundred fifty (250) square feet per site of cumulative addition shall require one (1) additional conforming parking space for each additional two hundred fifty (250) square feet. For single-family dwellings outside the parking impacted areas, no additional parking shall be required on sites with driveways twenty feet (20') or more in length.

3.

Development standards. The expansion shall be consistent in style and materials with the existing building, and shall conform to the current development standards of the zone.

D.

Conforming residential use with nonconforming parking. A residential use with nonconforming parking may be expanded as follows:

1.

Demolition of nonconforming parking. Nonconforming parking demolished during remodeling or additions may be replaced with new parking of equal size or a more conforming size. The new parking shall provide for the best feasible turning radius. For the purposes of this Section, "best feasible turning radius" means the most conforming turning radius that may be created by relocating the new parking on the lot up to the point it conflicts with the existing building.

2.

Addition of new dwelling unit. The addition of new dwelling units on a lot shall require the provision of additional parking spaces for the new dwelling units as well as existing units if substandard in parking in accordance with the standards for new construction.

3.

Expansion of existing dwelling unit. A residential use with nonconforming parking may be expanded by up to two hundred fifty (250) square feet after July 1, 1989, without providing additional parking. Expansion beyond two hundred fifty (250) square feet per site of cumulative addition shall require one (1) additional conforming parking space for each additional two hundred fifty (250) square feet. However, for single-family dwellings outside the parking impacted areas, no additional parking shall be required on sites with driveways twenty feet (20') or more in length.

E.

Nonconforming commercial, institutional and park uses.

1.

General. Nonconforming uses shall not be expanded to occupy a greater area of land or building than was occupied at the time the use or structure became nonconforming.

F.

Nonconforming industrial uses.

1.

General. Nonconforming industrial uses shall not be expanded to occupy a greater area of land or building than was occupied at the time the use or structure became nonconforming.

2.

Machinery and equipment. Nonconforming machinery and equipment requiring a building permit may be relocated within the site or replaced with machinery or equipment of equal size or capabilities. The number of machines or equipment, the size of the machines or equipment, or the capabilities of the machines or equipment to do heavier work may not be expanded.

3.

Outside uses. Outside nonconforming equipment and machinery may be relocated or altered, provided the equipment or machinery is not relocated any closer to the nearest residential district.

4.

Volumes. Increased sales, production or throughput volume shall not be considered as an expansion, provided the use does not expand to occupy additional land or another building.

(ORD-05-0037 § 1, 2005; Ord. C-7663 § 5, 1999)