16.45.050   Applicability.
   (a)   This chapter shall apply to the following development in the area:
   (1)   New development of a nonresidential use of two hundred fifty square feet or greater on a site;
   (2)   Any existing development of two hundred fifty gross square feet or greater on a site that undergoes a change in use from an exempt use as described in the following subsection (b), to a nonresidential use.
   (b)   This chapter shall not apply to the following development or uses in the area ("exempt uses"):
   (1)   An on-site cafeteria facility, recreational facility, credit union, and/or day care facility to be provided for employees and/or their children and not open to the general public;
   (2)   An accessory hazardous materials storage facility required to comply with Title 17 of this code; provided that such facility does not, in itself, generate new employment;
   (3)   A thermal storage facility provided for the purpose of energy conservation, provided that such facility does not, in itself, generate new employment;
   (4)   Residential development;
   (5)   Temporary uses of less than six months' duration;
   (6)   Any development that replaces all or part of the square footage of an existing or previous development on a site, whether or not the existing development is in active use, provided that the resultant increase in gross floor area on the site is two hundred square feet or less;
   (7)   Development for which a building permit has been issued on or before the effective date of the ordinance enacting this chapter (September 6, 1989);
   (8)   Retail service, eating and drinking service, personal service, or automotive service when the total additional square footage is 1,500 square feet or less. This exemption shall apply only when the additional square footage of new development does not exceed 1,500 square feet. New development that is larger than 1,500 square feet shall pay a fee for all square footage, including the first 1,500 square feet.
(Ord. 4763 § 1, 2002: Ord. 3894 § 1 (part), 1989)