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Only Class I nonconforming uses may be expanded as follows with approval of a conditional use permit:

A. Within a Conforming Structure. A nonconforming use in a structure that conforms to the applicable requirements of this code and to the requirements of the building code as adopted by the city may expand the floor area that it occupies, subject to the approval of a conditional use permit; provided, that no structural alteration is proposed or made for the purpose of the expansion.

B. Within a Structure That Does Not Conform to the Building Code. Any nonconforming use in a structure that does not conform to the building code, as adopted by the city, may not expand the area it occupies until and unless the structure is brought into conformance with all applicable building code requirements.

C. Expansions to Other Structures or Lots. A nonconforming use may not be expanded to occupy all or part of another structure or another lot that it did not occupy on the effective date of this code, except as provided in MCC 18.100.030(D).

D. Area Limit. The expansion of the nonconforming use shall not exceed 50 percent of the floor area that the nonconforming use legally occupies at the time of application.

E. Abandonment. No legal nonconforming use may be resumed, reestablished, or reopened after it has been abandoned, vacated, or discontinued for a period of one year, except:

1. The legal nonconforming status of a single residence or duplex residence shall not lapse, regardless of the length of time of nonuse; or

2. The owner/operator can provide evidence of continual operation, including:

a. Monthly business receipts and an active business license with no lapse;

b. Tax returns received within the previous 12 months; or

c. Other materials acceptable by the zoning administrator. [Ord. 14-12 § 1; Res. 14-36 § 406.04.]