9-50-40 EXPANSION OR REDEVELOPMENT OF NON-CONFORMING CIVIC AND INSTITUTIONAL USES

(a) Standards

1. At the time the use of the property was established such use must have been legally created and in substantial conformance with the land use approvals granting such use (if any); and
2. The proposal for expansion of the non-conforming use or re-development of structures associated with the non-conforming use shall be consistent with neighborhood master plans. The proposal shall not change the character of the immediately adjacent neighborhood and shall not, except as otherwise permitted in this Section, increase the impacts of the use on either the surrounding neighborhood or the master plan area; and
3. The applicant has demonstrated that the expansion or re-development is the minimum expansion or re-development necessary to sustain the operation; and
4. In no event shall there be:
   • (a) Any increase in the floor area of more than a cumulative total of 20% of the existing built floor area of the non-conforming use on the property (20% shall be assessed against built, rather than approved, but as of yet un-built floor area;) and
   • (b) Any change in the existing developed use of the property, except that accessory uses may be approved that do not create impacts to the immediately surrounding neighborhood in addition to any impacts created by the existing developed use. For purposes of this subparagraph, one residential unit for an on-site caretaker or property manager (which may include a Caretaker Unit(“CDU”)) shall not be considered a change in use; and
   • (c) Any increase in the number of free market residential dwelling units on the property; and
   • (d) Any increase in traffic impacts to the public roads serving the property that are not satisfactorily mitigated.
5. The applicant shall prepare a site-specific master plan for the property, which shall be subject to approval by the Board after the plan has first been reviewed by P&Z and a recommendation from the P&Z has been received. The master plan shall include plans for the entire property and shall address, at a minimum, the short-term and long-term plans for the following: proposed revisions to the site layout; architectural renderings, including buildings and other structures and landscaping; volume parking limitations (including mitigation of visual impacts) and traffic mitigation; employee limitation; the daily, monthly, yearly and special event volume of activity on the property; accessory uses and structures, if any; agricultural uses and structures, if any; permanent limitations on future development; and other items deemed relevant and requested by the County. All new development shall comply with Development Standards and criteria in Chapter 7 of the Land Use Code.

(b) Additional Review Guidelines.

1. The standards and criteria set forth in this section shall be applied to the actual development on the property as of January 1, 2006, but in no event may the development exceed the floor area permitted under prior approvals.
2. If the development has been undertaken on two or more properties that are not contiguous to each other, then the standards and criteria of this section shall be applied separately to each such property through an individual site impact analysis.