14.36.070 Other Nonconformities.
(1) Application and Intent. This Section shall apply to any other circumstance which does not conform to the requirements of this Title including, but not limited to, fence height or location; lack of buffers or screening; lack of or inadequate landscaping; lack of or inadequate off-street parking; and any other nonconformity not covered by Sections 14.36.040, 14.36.050, and 14.36.060 of this Chapter. Because the nonconformities regulated by this Section involve less investment and are more easily corrected than those regulated by Sections 14.36.030, 14.36.040, and 14.36.050 of this Chapter, the intent of the City is to eliminate such nonconformities as quickly as practicable. The degree of such nonconformities shall not be increased.
(2) Nonconforming Development with Approved Site Plan. Any nonconforming development which is governed by an approved site plan shall be deemed to be in conformance with this Title to the extent such development conforms to the plan.
(3) Compliance Required. Except as provided in Subsection (4), a nonconformity other than one enumerated in Sections 14.36.040, 14.36.050, and 14.36.060 of this Chapter shall be brought into conformance upon the occurrence of any one of the following:
(a) Any action which increases the floor area of the premises by more than thirty percent (30%).
(b) Any action which, when combined with one (1) or more previous expansions that have occurred over a period of time, causes the aggregate area of expansion to exceed thirty percent (30%) of the original floor area of the premises.
(c) For a lot located in a commercial or industrial zone, any change in use to a more intensive use when a new certificate of occupancy is required.
(4) This Section shall not apply to property located in any DT1 or DT2 zone.