§ 4.8.12. Review criteria for requests to extend, expand, enlarge or change the character of a nonconforming use, building or structure.  


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  • To approve a request to extend, expand, enlarge or change the character of a nonconforming use, building or structure, the planning director or county commissioners must consider the following criteria and find that each has been met or determined to be inapplicable:

    A.

    The extended, expanded, enlarged or changed use, building or structure is not more than 50 percent larger or more intense than the initial use, building or structure as measured by indoor area and/or outdoor use area or as measured by other means deemed applicable by the planning director or board of county commissioners;

    B.

    The request to extend, expand, enlarge or change the character of a nonconforming use, building or structure complies with all applicable requirements of this code and any applicable supplementary regulations to the maximum extent practicable;

    C.

    The request to extend, expand, enlarge or change the character of a nonconforming use, building or structure complies with all conditions of approval imposed by the county commissioners, the board of adjustment or floodplain review board under another approval process authorized by this code;

    D.

    The proposed use will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood;

    E.

    The proposed use will not result in a substantial adverse impact on other property in the vicinity of the subject property.

(Res. No. 10162012R001, § 2(Exh. A), 10-16-2012)