§ 20.56.030. Expansion and intensification of nonconforming, nonresidential uses.

1.

Nonconforming, nonresidential uses may be expanded as provided in subsections (2), (3), and (4) below, and all applicable special use standards described in Section 20.54.070. An intensification of use is permitted outright and occurs when the intensified use is contained within the existing structure, or use area if no structure is involved, and is not different in kind from the existing nonconforming use.

2.

Expansions of nonconforming, nonresidential uses no greater than five percent may be handled through the administrative special use permit process provided all other requirements of this chapter, including the findings under subsection (3) of this section, are met, pursuant to the application and review procedures prescribed in Chapter 20.60.

3.

A nonconforming, nonresidential use may be expanded up to fifteen percent if the hearing examiner issues a special use permit for the expansion of the nonconforming use, pursuant to the application and review procedures prescribed in Chapter 20.60. The percentage shall be cumulative, based on the extent of the use at the time of the initial expansion request following March 19, 2001. The examiner may issue the permit only after finding that:

a.

The expansion of the structure conforms to the requirements of this title, provided that the vertical enlargement of a structure which fails to conform to horizontal setback requirements need not conform to that setback requirement;

b.

Measures will be taken, if necessary, to protect the neighborhood from detrimental land use effects which might result from the expansion of the nonconforming use;

c.

The expansion will occur on the same lot upon which the existing nonconforming use is located;

d.

A nonconformance will not be created with other standards that conform to the development regulations elsewhere in this title;

4.

Expansions of nonconforming, nonresidential uses involving critical areas shall be subject to the provisions of the Thurston County Critical Areas Ordinance (Title 24) and the Thurston County Agricultural Activities Critical Areas Ordinance (Chapter 17.15).

(Ord. 12463 § 22, 2001: Ord. 11398 § 3 (part), 1997: Ord. 11025 §§ 33, 1995: Ord. 8216 § 109, 1985: Ord. 6708 § 3 (part), 1980)

(Ord. No. 14773, § 10(Att. I), 7-24-2012; Ord. No. 14961, § 3(Att. C), 12-17-2013)