This chapter establishes provisions for the review of proposed modifications to existing or approved Class (1), (2), or (3) uses, and certain other modifications that may be administratively approved under the provisions of this chapter.

(Ord. 2274 § 1 (part), 2000)

All modifications to existing or approved Class (1), (2), or (3) uses or development are subject to, and shall be reviewed under, the provisions of this chapter, provided, that an applicant may apply directly for Class (2) or (3) review. Any required time extensions, for completion of required improvements or conditions, shall be made and considered in accordance with the procedures established in Section 17.11.060 for extending development permits. Changes in nonconforming uses and expansions of nonconforming structures are subject to the provisions of Chapter 17.18. Except, a structure that is nonconforming only by reason of excess building height or substandard setbacks, may be altered or expanded under the modification provisions of Section 17.16.050 when the alteration or expansion: (1) does not increase the degree of nonconformity; and (2) complies with development standards of the district in which it is located; and, (3) the nonconforming structure is occupied by a Class (1) or Class (2) use, or a single-family dwelling or duplex; and, (4) in the case of expanding a nonconforming single-family dwelling or duplex, the proposed expansion is fifty percent or less of the existing building area. Uses or development not legally established prior to, or under, this title, may not be changed or modified under this chapter.

(Ord. 2274 § 1 (part), 2000)

The following modifications are exempt from the review provisions of this chapter and title; provided, they do not involve a required site improvement:

A.

Normal structural repair and maintenance;

B.

Changes to conforming structures which do not involve any structural alteration, as defined by this title, including the rehabilitation of dwelling unit(s) when such rehabilitation does not expand the number of dwelling units nor physically expand the structure;

C.

Alteration to land, including grading, leveling, paving, or excavation, the fair market value of which is less than two thousand dollars;

D.

The placement of a sign in conformance with the sign standards in Chapter 17.08;

E.

Other items exempt under Section 17.11.020.

(Ord. 2274 § 1 (part), 2000)

A.

Review of proposed modifications to approved Class (1) uses and to existing Class (1) uses which do not require Class (2) or (3) review, shall be conducted by the building official under the provisions of Chapter 17.12. The provisions of Chapter 17.12 shall also be used to review the replacement of:

1.

A nonconforming mobile home, on an individual lot, with another mobile home that is newer and the same size or larger;

2.

A nonconforming mobile home, on an individual lot with a manufactured home;

3.

A manufactured home with another manufactured home that is newer and the same size or larger.

B.

The modification provisions of Section 17.16.050 shall be used to review the replacement of:

1.

A nonconforming mobile home, on an individual lot, with another mobile home that is older or smaller;

2.

A manufactured home with another manufactured home that is older or smaller.

(Ord. 2274 § 1 (part), 2000)

A.

Application. Requests for modification to existing uses or development requiring Class (2) or (3) review, and developments approved after Class (2) and (3) review or administrative adjustments to Class (1) or (2) uses, shall be made in writing to the planning department, on forms supplied by the department, and in accordance with the general procedures of Chapter 17.11. A site plan, conforming to the provisions of Section 17.11.040, shall accompany the application. In the case of an approved Class (2) or (3) use or development, the site plan shall be the site plan previously approved by the reviewing official. The site plan shall also show the location, size, and type of modification proposed by the applicant.

B.

Determination. Modifications to existing uses or development requiring Class (2) or (3) review or uses and developments approved after Class (2) and (3) review, may be modified subject to Class (1) review subject to finding that the site design or arrangement:

1.

Will not increase residential density; and

2.

Will not increase the amount of parking by more than ten percent or twenty spaces (whichever is least), except that the amount of parking for controlled atmosphere and cold storage warehouses may be increased by up to twenty spaces; and

3.

Will not change or modify any special condition previously imposed under Class (1), (2), or (3) review; and

4.

Will not increase the height of any structure; and

5.

Will not adversely reduce the amount of existing landscaping or the amount or location of required site screening; and

6.

Will not expand an existing nonconforming use, except as provided for in Section 17.16.020; or render a conforming structure nonconforming; and

7.

In the determination of the planning department, will not create or materially increase any adverse impacts or undesirable effects of the project.

C.

New Uses. Any new use or change in use proposed:

1.

Is a Class (1) or (2) use in that particular district; and

2.

Is similar in character and hours to the operation and the use originally approved or existing; and

3.

The off-street parking and site screening requirements for the new use are equal to or less than the existing use.

D.

New Structures. All proposed new structures, site improvements, or structural alterations to existing structures or site improvements must comply with the development standards of Chapters 17.05 through 17.08. Any proposed modification that does not meet all the requirements of this subsection shall be denied and shall be subject to the review procedures of Chapter 17.13 for modifications of Class (1) and (2) uses and Chapter 17.14 for modifications of Class (3) uses.

(Ord. 2274 § 1 (part), 2000)