Chapter 17.64
NONCONFORMING SITUATIONS
Sections:
17.64.020 Nonconforming structures.
17.64.040 Nonconforming lots of record.
17.64.050 Violation – Enforcement.
17.64.010 General provisions.
These provisions apply to nonconforming sites, structures, and uses, including accessory uses and design standards, but not signs. See LCMC 17.72.050 for nonconforming sign regulations.
A. Purpose. The purpose of this chapter is to allow nonconforming structures and nonconforming uses to continue, but not to encourage their perpetuation, and ultimately to bring them into conformance with this code and the comprehensive plan.
B. Pre-Existing Conditional Use Permit or Variance. A use or structure that was lawful by reason of a conditional use permit or variance may continue only on the terms of the approved permit or variance and subject to all conditions and limitations under which the permit or variance was approved or subsequently amended.
C. Determination That Nonconforming Use, Site, or Structure Is Lawful. The determination of whether a nonconforming structure or use on a particular property is lawful shall be a Type II procedure as set forth in LCMC 17.76.040, with the application process outlined in LCMC 17.77.115.
D. Restoration or Replacement of a Damaged or Destroyed Lawful, Nonconforming Structure or Use. A lawful, nonconforming structure or use that has been damaged or destroyed may be restored or replaced to its former height and footprint, as approved through a Type II procedure as set forth in LCMC 17.76.040, with the application process outlined in LCMC 17.77.116. All the following criteria shall also be met:
1. The damage or destruction was not intentionally caused by the property owner;
2. The restoration or replacement does not increase the degree of nonconformity or add new nonconformity;
3. The restored or replaced structure does not encroach on adjacent properties.
E. Time Limit on Restoration or Replacement of Lawful Nonconformity. The owner of a damaged lawful, nonconforming use or structure shall apply for a structural permit for restoration or replacement no later than 18 months from the date of the damage, destruction, or demolition (whichever is the latest). Structural permit applications submitted for restoration or replacement of a damaged or destroyed lawful, nonconforming use or structure (including demolition of dangerous buildings) within 18 months of the date of damage, destruction, or demolition do not have to comply with design standards of Chapter 17.74 LCMC. After 18 months following the date of damage, destruction, or demolition (whichever is the latest), the use or structure will be subject to all current zoning regulations for the district in which the land and structures are located.
F. Routine Repairs and Maintenance. Routine maintenance and repairs may be performed on structures, buildings, or sites that are nonconforming or that house nonconforming uses. Examples of maintenance and repairs are painting, repairing dry rot, and reroofing. Routine repairs and maintenance do not include expansion of the square foot area of a structure or use, or creation of new units within residential structures. (Ord. 2022-25 §§ 60, 61; Ord. 2022-15 § 42; Ord. 2020-15 § 16; Ord. 2020-14 § 12; Ord. 2011-03 § 4)
17.64.020 Nonconforming structures.
A. Alteration of a Nonconforming Structure. A nonconforming building or structure may be enlarged or altered to the extent that such alteration or enlargement conforms to current regulations. An alteration made to provide safe access to a building for persons with disabilities is not considered an enlargement. Alteration of a nonconforming residential structure shall not change the number of dwelling units, if the change would increase nonconformity.
B. Moving a Nonconforming Structure. A nonconforming structure may be moved within the same lot, if the move decreases the level of nonconformity. A nonconforming structure may be moved to a different lot only if the relocated structure conforms to the regulations of its new location and applicable state law, including but not limited to ORS 455.410 (2010).
C. Completion of Structure. Nothing contained in this chapter shall require any change in the plans, construction, alteration or designated use of a structure for which a valid approval has been granted prior to the effective date of the ordinance codified in this chapter, except that if the structure will be nonconforming, it shall be considered abandoned for the purposes of LCMC 17.64.030(B), if not operational within 24 months of the date of issuance (or any extension) of the building permit. (Ord. 2011-03 § 4)
17.64.030 Nonconforming uses.
A. Lawful Nonconforming Uses Allowed to Continue. A lawful nonconforming use of land may continue as long as it remains otherwise lawful, provided the nonconforming use does not cease 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 on the occurrence of the first of any of the following events:
1. On the date when the use of land is physically vacated;
2. For commercial uses, on the date the sale of merchandise or the provision of services ceases;
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.
B. Discontinuance of a Nonconforming Use. If a conforming use has replaced a nonconforming use, or if the nonconforming use of a building, structure or site ceases for a period of six months or more, as described in subsection (A) of this section, the director shall deem the nonconforming use discontinued, and the building, structure or land area shall be occupied only by uses conforming to the regulations for the zone in which it is located. If a nonconforming use has ceased, but the owner is marketing the property continually and actively for sale or lease, the director may allow the lawful nonconforming status to continue for up to 18 additional months. This is a director’s interpretation, processed as set forth in LCMC 17.77.080.
C. Alteration of a Nonconforming Use. No building, structure, or land area devoted to or accessory to a nonconforming use may be used, moved or expanded unless the movement or expansion reduces nonconformity. Alteration of a nonconforming residential use shall not change the number of dwelling units, if the change would increase nonconformity.
D. Change of Nonconforming Use. Through a Type III procedure as set forth in LCMC 17.76.050, a request for conversion to another nonconforming use may be approved if the review authority finds that, on the basis of the evidence submitted, the proposed use is suitable to the site and location and will not have greater adverse effect on the neighborhood or community than the previous use with regard to traffic, parking demand, hours of operation, noise, dust, and customer and/or residential activity. The review authority may place conditions on the new nonconforming use to ensure compatibility and maximize conformance to current regulations. (Ord. 2020-15 § 17; Ord. 2011-03 § 4)
17.64.040 Nonconforming lots of record.
Nonconforming lots of record may be occupied by a use or uses permitted in the zone, subject to the other requirements of the zone. (Ord. 2022-25 § 62; Ord. 2011-03 § 4. Formerly 17.64.050)
17.64.050 Violation – Enforcement.
Any modification of a nonconforming use, site or structure that according to this chapter requires city approval shall not be initiated before such approval is obtained. Failure to obtain an approval required by this chapter is a violation punishable as a Class B violation under Chapter 1.16 LCMC, with each day the property is used in violation of this section considered a separate violation. Notice provisions of LCMC 17.84.020(B) shall not apply in any enforcement of violation of this chapter, and the city may at its option proceed to file a complaint or take other remedial action as provided in Chapter 17.84 LCMC without prior notice of violation to the property owner or any opportunity to correct. (Ord. 2022-25 § 63; Ord. 2015-10 §§ 5, 6; Ord. 2011-03 § 4. Formerly 17.64.060)