The purpose of this Article is to clarify the degree of structural or use changes proposed for a particular site, property or development which triggers a land use process. For the purposes of this Article, a land use process means either bringing the development into conformance with the current requirements of this Title and other City ordinances or the filing of an application for a ministerial permit, planning action, or legislative action with the Department, or both.
Unless this Title provides for an exemption for any specific requirement, the following shall apply to all proposed changes in use of structures, land, or other development:
A. 
Use Determination. The owner or developer shall complete and submit a proposed change of use application. The approving authority shall determine intensity, similarity, or difference of a proposed use based on the following criteria:
1. 
Use type.
2. 
Size and/or type of products or services.
3. 
Parking and loading needs.
4. 
Off-site impacts and nuisance conditions.
5. 
Traffic generation.
B. 
Similar Uses. A use change to a similar use shall not require an application review procedure unless warranted by changes to the structure as specified in Section 10.6.150.030 of this Article. An example of a change to a similar use would be a clothing store changing to a shoe store or other similar retail.
C. 
Intensity of Use.
1. 
A proposed change of use which is a permitted use, and which is a less intense use, shall not require an application review procedure, unless warranted by changes to the structure as specified below. Generally in land use, low density residential is the least intense use and industrial development is the most intense use.
2. 
A proposed change of use which is a permitted use, and which is a more intense use, shall require an application review procedure.
A. 
Size of Change. Any change which results in an increase of more than 20%, which is also at least 500 square feet, of the structure's footprint shall require the appropriate application review procedure as specified in this Title. Additions of 1,000 square feet or more shall require the appropriate application review regardless of the percentage increase.
B. 
Nonconforming Structures. Structures which are considered legal nonconforming structures in terms of current ordinance requirements shall not increase any nonconformance with a proposed physical change.
C. 
Approving Authority Determination. It shall be the responsibility of the approving authority to determine the similarity of uses for use changes, and the percentage footprint increase for changes to structures.
See Section 10.10.030(A) for damage caused by an act of God.