Title 18 - Unified Development Ordinance

18.410.040 Extension or Enlargement of Nonconforming Situations

1. A.
   Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in:

   1. 1.
      An increase in the total amount of space or building area devoted to a nonconforming use; or
   2. 2.
      Greater nonconformity with respect to dimensional restrictions such as setback requirements, height limitations or density requirements, or other requirements such as parking requirements.
2. B.
   Subject to subsection D, a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this ordinance, was manifestly designed or arranged to accommodate such use. However, except as otherwise provided in Section 18.410.090, a nonconforming use may not be extended to additional buildings or to land outside the original building.
3. C.
   Except as otherwise provided in Section 18.410.090, a nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming; provided, however, that a use that involves the removal of natural materials from the land may be expanded to other portions of the lot where the use was established at the time it became nonconforming if ten percent or more of the earth products had already been removed on the effective date of this ordinance, and where the development and performance standards otherwise applicable to such a use are complied with.
4. D.
   The volume, intensity, or frequency of use of property where a nonconforming situation exists may be increased and the equipment or processes used at a location where a nonconforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other paragraphs of this section occur.
5. E.
   Notwithstanding subsection A, any structure used as a onefamily dwelling and maintained as a nonconforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nonconformities or increase the extent of the existing nonconformities with respect to such matters as setback and parking requirements. This paragraph is subject to the limitations stated in Section 18.410.080.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901