§ 9182.02. General Provisions - Changes and Alterations.

In connection with any development or use which involves a nonconformity, no change of use, expansion, addition, alteration, improvement, relocation on the same site or other changes shall be made unless the Director finds that at least one (1) of the following criteria is satisfied:

• A. The change is required by other applicable laws.

• B. The change is incident to the public acquisition of a portion of the site, no greater degree of nonconformity will be created other than that caused as a result of public acquisition, and the changed development will conform to current regulations to the maximum extent feasible.

• C. The changed facilities and/or use are, in themselves, in conformance with the provisions of this Chapter.

• D. The changes are limited to minor alterations, improvements, repairs or changes of use which do not increase the degree of nonconformity present and do not constitute or tend to produce an expansion or intensification of a nonconforming use. Any new structure incidental to a use defined by CMC § 9182.21 is deemed to be an expansion or intensification of the legal, nonconforming use and shall not be permitted unless subsection A of this Section applies.

No change or alteration made to any development or use shall be construed as authorizing an extension of any time limit for the termination of a nonconformity. (Ord. 80-526 § 1)