A. Expansion of Existing Development.
1. If a proposed expansion of an existing development will exceed 25 percent of the gross floor or lot area, the property shall be subject to the provisions of this chapter except that:
a. The setback requirements contained in this chapter shall not apply;
b. The bufferyard requirements contained in this chapter shall be complied with whenever space on the property allows and exempted only when it is demonstrated that it is not possible to meet these standards;
c. If the individual proposing the expansion does not control the area of the approved plans and development, the provisions of this chapter shall not apply to the approved plans and development if the individual proposing the expansion provides the following:
1) A written statement that the individual proposing the expansion has requested in writing that any owner or owners of the area of the approved plans or development comply with the provisions of this chapter and that such owners have rejected the request;
2) A copy of the written request to any owner of the area of the approved plans and development and a copy of the written response, if any.
2. Lack of control over the area of the approved plans and development may be demonstrated by nonownership, existence of a lease, rental agreement or other agreement that prevents or significantly inhibits alteration of the property in conformance with the provisions of this chapter.
(Ord. 2001-165 § 1 (part), 2001)