18.70.020   Nonconforming use - Expansion.
   (a)   A nonconforming use shall not be altered, enlarged, expanded, or extended, except as provided in subsection (b) this prohibition shall include any moving, enlargement, extension, expansion or alteration of a nonconforming use which:
      (1)   Increases the site area or floor area occupied by such use on the same or any additional site;
      (2)   Increases the number of structures or the size of any structure housing such nonconforming use or portion thereof.
   (b)   A nonconforming use which occupies a portion of a building may be expanded to include additional floor area within the same building; provided that:
      (1)   Without substantial remodeling or reconstruction, the portion of building into which expansion is proposed is not reasonably susceptible to use or occupancy by a conforming use. The determination of whether a portion of a building is reasonably susceptible to use or occupancy by a conforming use shall be made by the building official and shall take into consideration, but not be limited to, the following:
         (A)   Whether any required remodeling or reconstruction would involve structural alterations;
         (B)   Whether the building was designed and constructed for the nonconforming use occupying the building or portion thereof, or uses of similar intensity or classification;
         (C)   The degree of privacy, separation, and protection afforded the portion of the building into which expansion is proposed from intrusion, interference, noise, and similar effects resulting from or generated by the nonconforming use;
         (D)   Availability of access to the portion of the building into which expansion is proposed.
      (2)   Such expansion within the building does not create, cause, or increase any additional nonconformance or noncompliance with the requirements of this title.
      (3)   Nothing contained in this section authorizes a change in the nature of a nonconforming use contrary to the provision of Section 18.70.030.
(Ord. 5381 § 7, 2016: Ord. 3048 (part), 1978)