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

A.

Nonconforming, nonresidential uses may be expanded up to fifteen percent as provided in subsection B of this section. 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.

B.

A nonconforming, nonresidential use may be enlarged up to fifteen percent if the hearing examiner issues a special use permit for the expansion of the nonconforming use pursuant to the procedures prescribed by Chapter 21.81. 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 hearing examiner may issue the permit only after finding that:

1.

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

2.

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

3.

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

4.

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

C.

Expansions involving critical areas shall be subject to the provisions of the Thurston County Critical Areas Ordinance (Title 24 TCC) or the Thurston County Agricultural Activities Critical Areas Ordinance for agricultural activities.

D.

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 are met.

(Ord. 12463 § 45, 2001: Ord. 11499 § 47, 1997: Ord. 11274 § 1 (part), 1996)

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