18.85.070 Nonconformance – Expansions of nonconforming uses, structures, or site improvements.
A nonconforming use, structure, or site improvement may be expanded as follows:
(1) The Department may review and approve, pursuant to the Type I process of Chapter 14.30 CMC, an expansion of a nonconformance; provided, that:
(a) The expansion shall conform to all other provisions of this title, except that the extent of the project-wide nonconformance in each of the following may be increased up to 10 percent:
(i) Building square footage;
(ii) Impervious surface;
(iii) Parking; or
(iv) Building height.
(b) No subsequent expansion of the same nonconformance shall be approved under this subsection if the cumulative amount of such expansion exceeds the percentage prescribed in subsection (1)(a) of this section.
(2) A special use permit shall be required for expansions of a nonconformance within a development authorized by an existing special use or unclassified use permit if the expansions are not consistent with the provisions of subsection (1) of this section.
(3) A conditional use permit shall be required for expansions of a nonconformance:
(a) Within a development authorized by an existing planned unit development approval; or
(b) Not consistent with the provisions of subsections (1) and (2) of this section. (Ord. 10-10 § 3 (Exh. C); Ord. 42-02 § 2 (21A.32.065))