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A. Where modifications to existing buildings and/or existing land uses are proposed, the Planning Director or designee shall determine whether a proposed development activity constitutes full, partial, or incidental development as described below. The purpose of this determination is to specify the extent to which the development site’s nonconforming conditions shall be remedied.

B. Full development refers to construction or development and/or changes in use or occupancy that warrant compliance with all, or virtually all, applicable development regulations. Compliance with applicable development regulations will eliminate all, or virtually all, nonconforming conditions. Examples of full development include:

1. Construction of a new primary structure, with or without demolition of an existing primary structure.

2. A change of use of the primary structure or the majority of the site, along with the demolition and reconstruction of site’s parking, access, or similar significant modifications that affect the appearance and function of, and circulation on, the site.

C. Partial development refers to construction or development and/or changes in use or occupancy of all or portions of an existing developed site that warrant compliance with those development regulations specifically related to and proportionate to the proposed change. Compliance with applicable development regulations will eliminate nonconforming conditions specifically related to and proportionate to the proposed change. Examples of partial development include:

1. Construction or reconstruction of an accessory structure.

2. Expansion of an existing structure that results in less than 25 percent increase gross floor area.

3. A change in use of the primary structure with a reconfiguration of the existing off-street parking.

D. Incidental Development. A minor change to a development site that does not warrant compliance with development regulations not directly related to the proposed change. Examples of incidental development include:

1. Installation of one or more windows or similar exterior modifications intended as aesthetic improvements.

2. Construction of an enclosure to screen solid waste containers.

3. Removal and replacement of a building sign, except that compliance with all regulations in Chapter 14.245 SMC is required.

4. Building improvements internal to an existing structure.

E. As provided by SMC 14.05.050(A), the Planning Director shall interpret and apply the provisions of the Land Use Development Code in a consistent manner. The Planning Director shall employ consistent reasoning and criteria in determining whether a proposed development activity constitutes full, partial, or incidental development. Determinations made by the Planning Director pursuant to this chapter shall be appealable to the hearing examiner as provided by Chapters 14.20 and 14.90 SMC. (Ord. 2338, 2017)

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