Chapter 18.195 NONCONFORMING USES

Chapter 18.195
NONCONFORMING USES

Sections:

18.195.010 Nonconforming uses and developments – Purpose.

This chapter provides standards and procedures for nonconforming situations (i.e., existing uses or development that do not comply with the code). The standards for nonconforming uses and development are intended to provide some relief from code requirements for uses and developments that were established prior to the effective date of the ordinance codified in this chapter and do not comply with current standards. [Ord. 290 § 3(7.021), 2006.]

18.195.020 Nonconforming uses.

Where at the time of adoption of this code a use of land exists which would not be permitted by the regulations imposed by this code and was lawful at the time it was established, the use may be continued as long as it remains otherwise lawful, provided:

A. Expansion Prohibited. No such nonconforming use is enlarged, increased or extended to occupy a greater area of land or space than was occupied at the effective date of adoption or amendment of this code. No additional structure, building or sign shall be constructed on the lot in connection with such nonconforming use of land;

B. Location. No such nonconforming use shall be moved in whole or in part to any portion of the lot other than that occupied by such use at the effective date of adoption or amendment of this code;

C. Discontinuation or Abandonment. The nonconforming use of land is not discontinued for any reason for a period of more than six months. For purposes of calculating the six-month period, a use is discontinued or abandoned upon the occurrence of the first of any of the following events:

1. On the date when the use of land is physically vacated;

2. On the date the use ceases to be actively involved in the sale of merchandise or the provision of services;

3. On the date of termination of any lease or contract under which the nonconforming use has occupied the land; or

4. On the date a request for final reading of water and power meters is made to the applicable utility districts.

D. Application of Code Criteria and Standards. If the use is discontinued or abandoned for any reason for a period of more than six months, any subsequent use of land shall conform to the applicable standards and criteria specified by this code for the land use district in which such land is located. [Ord. 290 § 3(7.022), 2006.]

18.195.030 Nonconforming development.

Where a development exists at the effective date of adoption or amendment of this code that could not be built under the terms of this code by reason of restrictions on lot area, lot coverage, height, yard, equipment, access, parking, landscaping, its location on the lot or other requirements concerning the development; and the development was lawful when constructed, the development may remain on the site so long as it remains otherwise lawful, subject to the following provisions:

A. Alterations. No such nonconforming development may be enlarged or altered in a way that increases its nonconformity, but any development or portion thereof may be enlarged or altered in a way that satisfies the current requirements of this code or will decrease its nonconformity;

B. Destruction. Should such nonconforming development or nonconforming portion of development be destroyed by any means to an extent more than 50 percent of its current value as assessed by the Tillamook County assessor, it shall be reconstructed only in conformity with this code;

C. Roadway Access. The owner of a nonconforming access connection (i.e., street or highway access) may be required to bring the nonconforming access into conformance with this code and other applicable standards as a condition of the city or other roadway authority approving a new access connection permit, or a change in land use;

D. Relocation or Removal. Should such development be moved for any reason and by any distance, it shall thereafter conform to the regulations of this code. [Ord. 290 § 3(7.023), 2006.]

18.195.040 Lots of record.

A. Purpose. The purpose of this section is to establish criteria and a process for determining when a lot of record exists.

B. Applicability. A lot of record is a plot of land that was not created through an approved subdivision or partition, was created and recorded before the effective date of the city's subdivision ordinance (GMC Title 17, Ordinance No. 215) on November 16, 1994, and for which the deed, or other instrument dividing the land, is recorded with Tillamook County. A lot of record shall be entitled to development of no less than one single-family dwelling and, provided all applicable code standards are met, additional land use or development may be approved.

C. Procedure. A lot of record determination shall be made by the city's planning official through a procedure outlined in this code. It shall be the property owner's responsibility to demonstrate that his or her plot of land meets the lot of record criteria in subsection B of this section. [Ord. 290 § 3(7.031 – 7.033), 2006.]