A request to deviate from the requirements contained in this section shall be granted only as follows:
A. For those cases where the proposed lot coverage or livable area is to exceed thirty percent (30%) of the actual lot area, a deviation shall be granted only by the issuance of a variance. For lots in Area Districts V, VI and VII which are less than the statutory lot area, the above percentage shall be forty percent (40%) of the actual lot area, not to exceed thirty percent (30%) of the statutory area.
B. For those cases where the proposed lot coverage or livable area is to exceed the provisions of sections 23.02.10, 23.02.11, and 23.02.12 of this article, whichever is applicable, but is less than the lot coverage or livable area limits of subsection A of this section, a deviation shall be granted by the issuance of a conditional use permit. If the limits of subsection A of this section are exceeded, its provisions shall govern.
C. Notwithstanding subsections A and B of this section, a conditional use permit may be issued in Area Districts V, VI and VII to authorize the following deviations for single-story residences:
1. For a lot, including a corner lot, which is equal to or smaller than the statutory minimum, an increase over the lot coverage allowed under subsection A of this section up to two hundred (200) square feet.
2. For a lot, including a corner lot, which exceeds the statutory minimum by less than one thousand (1,000) square feet, an increase up to two hundred (200) square feet over the lot coverage allowed under sections 23.02.10 and 23.02.11 of this article.
3. No conditional use permit may be granted under this subsection C for a two-story structure. No person may subsequently construct a two-story building on a lot for which a conditional use permit has been granted under this subsection C unless the structure authorized pursuant to the conditional use permit is removed. (Ord. 096-1093, 7-10-1996; amd. Ord. 0-14-1279, 6-27-2014)
D. Notwithstanding subsections A and B of this section, a conditional use permit may be granted in Area Districts V, VI, and VII to authorize an increase in livable area for an addition to an existing residence meeting the following criteria:
1. For a lot, including a corner lot, which is equal to or smaller than the statutory minimum, a maximum increase of four hundred (400) square feet over the livable area allowed under subsection A of this section.
2. For a lot, including a corner lot, which exceeds the statutory minimum by less than one thousand (1,000) square feet, a maximum increase of three hundred (300) square feet over the livable area allowed under sections 23.02.10 and 23.02.11 of this article.
3. No conditional use permit shall be granted under this subsection D unless the Planning Commission makes the following findings in addition to those required by section 23.07.02 of this chapter:
a. The addition will be for the following purposes:
(1) Enlarging a kitchen, bedroom; or
(2) Creating or enlarging a family room, utility room, closets, or bathrooms.
b. Any increase in lot coverage will be limited to covered areas created by extending existing walls excluding architectural projections such as fireplaces, cornices or eaves in straight lines to enclose areas between those existing walls and that the existing walls will not be removed or relocated as part of the addition.
c. The proposed addition will not change the front elevation of the house.
d. The addition will not increase the existing height of the residence.
e. The windows, doors, roof materials and other architectural features of the entire residence will be consistent.
f. The addition will not increase the lot coverage beyond the maximum permitted for the lot.
g. The current owner of the residence has not constructed an addition to the home within the past ten (10) years that increased the lot coverage or livable area. (Ord. 097-1110, 6-20-1997; amd. Ord. 0-14-1279, 6-27-2014)