Ordinance 2531-01 - Laserfiche WebLink

B. Change in Nonconforming Use. Changes from one nonconforming use to another nonconforming use shall comply with the provisions of subsection 38.040C of this title, subject to approval of the planning director, using Review Process II.B. C. Expansion of Nonconforming Use. Proposals to expand a nonconforming use shall be subject to Review Process III.B and the evaluation criteria of Section 38.090 of this title. D. Nonconforming Building, Alteration or Modification. Alteration or modification of a nonconforming building may be permitted subject to the provisions of subsections A and B of Section 38.050 of this title and approval using Review Process I. E. Nonconforming Building, Expansion of. A nonconforming building may be expanded to become more nonconforming subject to the evaluation criteria of Section 38.090 of this title and approval using Review Process III.B. BE AND THE SAME IS HEREBY IS HEREBY SUPERSEDED BY THE PROVISIONS OF THE CITY'S LOCAL PROJECT REVIEW PROCEDURES ORDINANCE SECTION 12 : That Chapter 41 of Ordinance No. 1671-89 (EMC 19.41.120) which reads in part as follows: Certification of nonconforming lots. A nonconforming lot may be certified as a legal lot for building; provided, that it satisfies the requirements of Section 38.080 of this title, and is approved using Review Process I. BE AND THE SAME IS HEREBY SUPERSEDED BY THE PROVISIONS OF THE CITY'S LOCAL PROJECT REVIEW PROCEDURES ORDINANCE SECTION 13 : That Chapter 41 of Ordinance No. 1671-89 (EMC 19.41.130) which reads in part as follows: Variances. A. User Guide. This section establishes a mechanism whereby the provisions of this title can be varied on a case-by-case basis if the application of such provisions would result in an unreasonable and unusual hardship. The criteria of this section shall be met in order to approve a variance. Certain standards of this title may also be varied, under limited circumstances, in accordance with the provisions of the city's binding site plan ordinance. B. Review Authority. The city will decide upon an application for a variance using one of the following review processes, under the circumstances stated below: 1. Review Process III.B: When the use of the property for which the variance is requested is required to be reviewed by the land use hearing examiner; 2. Review Process IV: When the use for which the variance is requested does not involve either Review Process III.B. C. Criteria for Granting a Variance. The city may grant a variance only if it finds that: 1. The variance will not be materially detrimental to the property in the area of the subject property or to the city as a whole; and 2. The variance is necessary because of exceptional or extraordinary circumstances regarding the size, shape, topography or location of the subject property; or the location 15