Chapter 15.120
Nonconforming Uses and Structures
Sections:
15.120.010 Continuation of nonconforming use or structure.
15.120.020 Nonconforming structure.
15.120.030 Discontinuance of a nonconforming use.
15.120.040 Change of a nonconforming use.
15.120.010 Continuation of nonconforming use or structure.
A legally existing nonconforming use or structure may be continued in compliance with this division with the exception of single-family dwellings, which may be altered or expanded in compliance with BMC 15.120.030(B). All other nonconforming uses or structures may only be altered or expanded in conformance with BMC 15.120.040 and 15.120.045. [Ord. 565 § 1, 1986; Ord. 504 § 6.010, 1980; 1981 Compilation § 8-5:6.010.]
15.120.020 Nonconforming structure.
A structure conforming as to use but nonconforming as to height, setback, or coverage may be altered or extended providing the alteration and extension do not result in a violation of this division. [Ord. 565 § 1, 1986; Ord. 504 § 6.020, 1980; 1981 Compilation § 8-5:6.020.]
15.120.030 Discontinuance of a nonconforming use.
A. Except for single-family dwellings, if a nonconforming use involving a structure is discontinued from active use for a period of one year, further use of the property shall be for conforming use. Nonconforming single-family dwellings may return to residential use after being used for commercial, public, or other nonresidential use.
B. A single-family dwelling that existed on or prior to the effective date of the ordinance codified in this division shall be allowed to be altered, remodeled, expanded, or enlarged in compliance with the applicable sections of this division. Single-family dwellings may be reconstructed if unintentionally destroyed, if reconstruction commences within one year from the date of destruction.
C. If a nonconforming use not involving a structure is discontinued for a period of one year, further use of the property shall be a conforming use. [Ord. 615 § 3, 1992; Ord. 565 § 1, 1986; Ord. 504 § 6.030, 1980; 1981 Compilation § 8-5:6.030.]
15.120.040 Change of a nonconforming use.
Pursuant to the provisions of BMC 15.120.045, and the conditional use procedures (Chapter 15.125 BMC), a nonconforming use may be increased in size, altered, or expanded within a building or upon the same lot. [Ord. 565 § 1, 1986; Ord. 504 § 6.040, 1980; 1981 Compilation § 8-5:6.040.]
15.120.045 Review process.
A. All applicable provisions of the conditional use procedure (See Chapter 15.125 BMC) shall apply in addition to the following criteria for any request considered under BMC 15.120.040 and this section:
1. An alteration or expansion in the use of land or a structure by a nonconforming use shall only be permitted if, on the basis of the application, investigation, testimony, and evidence submitted, findings and conclusions show that the location, size, design, and operating characteristics of the proposal shall have minimal adverse impacts on the livability, value, and appropriate development of abutting properties and the surrounding area.
2. All changes, additions, or expansions shall comply with all current development requirements and conditions of this division and the Oregon State Specialty Codes.
3. Additions to buildings will provide for storage of necessary equipment, materials, and refuse rather than create a need for additional outside storage.
B. Prior to filing a request for modification of a nonconforming use, building, or lot, a pre-application conference shall be held with the City Planner where the applicant shall be advised of the information required and the procedures to be followed. The filing procedure, as found in Chapter 15.125 BMC, Conditional Uses, shall be followed for the public review required by this section. [Ord. 565 § 1, 1986; 1981 Compilation § 8-5:6.045.]