Section 906. Enlargement or expansion of use or structure that does not conform to existing development standards.
A. A use or structure that does not conform to existing development standards may be enlarged, expanded or made to further deviate from the standards of this ordinance as provided in this section.
B. Enlargement or expansion of a use or structure that does not conform to existing development standards is permissible without first obtaining a removal of nonconforming status as provided in section 906.C or a use permit as provided in section 906.D, provided that:
1. The use is conforming; and
2. The enlargement or expansion itself conforms to the requirements of these regulations or does not increase the nonconformity.
C. Enlargement or expansion of a use or structure that does not conform to existing development standards is permissible when the enlargement or expansion does not conform to the requirements of these regulations or increases the nonconformity upon approval of an application for removing the nonconforming status by the Zoning Administrator in conformity with the following provisions:
1. The application for removing the nonconforming status shall be reviewed in accordance with the same procedures and standards set forth in section 307 for use permits and the standards of this section. In reviewing an application, the Zoning Administrator shall consider whether the use or structure that does not conform to existing development standards can be improved by one or more of the following actions:
a. A landscaped buffer could be provided between the use or structure that does not conform to existing development standards and any abutting parcel of land in order to provide appropriate buffering effect for potentially adverse impacts of the use or structure on abutting properties.
b. Off-street parking areas located on the parcel of land could be improved with interior landscaping so as to minimize potentially adverse impacts of the use or structure on abutting properties.
c. Nonconforming signs, outdoor lighting, off-street parking areas, and other nonconforming accessory structures located on the parcel of land could be removed or brought into conformity with the applicable requirements of these regulations.
d. Any enlargement or expansion of the use or structure that does not conform to existing development standards could be limited to no greater than fifty percent of the floor area or lot area that it occupied on the effective date of these regulations or any amendment to these regulations that rendered the development standard nonconforming, whichever is later.
2. Upon approval of the application for removing the nonconforming status by the Zoning Administrator, the use or structure that does not conform to existing development standards shall no longer be treated as nonconforming and shall be allowed to continue as lawfully existing in accordance with the approval. This status as lawfully existing shall only apply to development standards for which the removal of nonconforming status is issued and shall not apply to any other development standard that may be located on the parcel of land.
3. Violation of this section shall be deemed a violation of the Zoning Ordinance and shall be subject to enforcement of the ordinance.
D. Enlargement or expansion of a use or structure that does not conform to existing development standard(s) is also permissible when the enlargement or expansion does not conform to the requirements of these regulations or increases the nonconformity upon approval of an application for a use permit in accordance with the procedures and provisions of section 307. Such enlargement or expansion shall be no more than fifty percent beyond the floor area or lot area that it occupied on the date the development standard was rendered nonconforming. Such approval shall not remove the nonconforming status. (Ord. No. G-3409, 1991)