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A. Applicability

1. This section applies to any nonconforming site improvement

A "Nonconforming Site Improvement" is a situation that occurs when, on the effective date of this ordinance, an existing site improvement on a lot, including but not limited to parking areas, storm drainage facilities, sidewalks and landscaping, no longer conforms to one (1) or more of the regulations of this ordinance applicable to the property.

2. This section does not apply to minor repairs and renovations (less than ten [10] percent of the structural value of a structure or site improvements), or repairs or alterations to a structure pursuant to Section 18.60.020.D or 18.60.050.B.

B. Generally

On lots with nonconforming site improvements, no additions to, or repairs or alterations of any structure or site improvement are allowed unless:

1. the nonconforming site improvements are brought into complete conformity with the regulations applicable to the zoning district, or

2. the activity is authorized by a nonconforming situation permit approved with an administrative review application.

C. Nonconforming Site Permit

When an addition to, or repairs or alterations to, any structure or site improvement is proposed on a lot with a nonconforming site improvement, the Planning Official may approve a nonconforming situation permit allowing the addition or repairs or renovation if it finds that all of the following criteria are true:

1. The nonconforming site improvement(s) is the only nonconforming situation pertaining to the property, unless the Planning Official refers the application for special use permit review (see subsection 2 below).

2. Compliance with the site improvement requirements applicable to the zoning district in which the property is located is not reasonably possible. Mere financial hardship does not constitute grounds for finding that compliance with the site improvement requirements are not reasonably possible.

3. The property can be developed as proposed without any significant adverse impact on surrounding properties or the public health or safety.

4. The owner has committed to other site design measures to reduce the negative impacts associated with the nonconformity. (Ord. 02-54 § 2, 2002)