Chapter 5.2
NONCONFORMING USES AND DEVELOPMENTS
Sections:
5.2.100 Nonconforming uses and developments purpose.
5.2.300 Nonconforming lot or development.
5.2.100 Nonconforming uses and developments purpose.
This chapter provides standards and procedures for nonconforming situations (i.e., existing uses or developments that do not comply with the code). The standards for nonconforming uses and developments are intended to allow these nonconformities to continue but not to encourage their perpetuation. In allowing these situations to continue, some relief from code requirements for uses and developments that were established prior to the effective date of the ordinance codified in this code and do not comply with current standards has been provided. (Ord. 08-06 § 3, 2008)
5.2.200 Nonconforming uses.
Uses that were lawfully established in accordance with the code regulations in place at the time the use was established, but would not be permitted by the regulations imposed by this code, may be continued as long as they remain 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 of the ordinance codified in or amendment of the ordinance codified in 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 the ordinance codified in this code;
C. Discontinuation or Abandonment. The nonconforming use may continue, provided it is not discontinued for any reason for a period of more than 12 continuous months. For purposes of calculating the 12-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 12 continuous 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;
E. Loss of Nonconforming Status.
1. If the use is changed to a conforming use for any period of time, any nonconforming rights are lost and a nonconforming use may not be re-established.
2. Any nonconforming use dependent upon a building or structure which is substantially damaged or destroyed by any cause, to the extent that the cost of repair or restoration of the building or structure would exceed 70 percent of its fair market value, shall be deemed terminated. (Ord. 08-06 § 3, 2008)
5.2.300 Nonconforming lot or development.
Where a development exists at the effective date of adoption or amendment of the ordinance codified in 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 by more than 20 percent cumulatively (e.g., floor area and/or lot coverage and/or height and/or amount of measurable impact as in noise, glare, vibration) as of November 5, 2008, 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. An existing nonconforming single-family dwelling development may be converted to a duplex subject to the standards of this subsection.
B. Destruction. Should such nonconforming development or nonconforming portion of development be destroyed by any means to an extent more than 70 percent of its current value as assessed by the county assessor, it shall be reconstructed only in conformity with this code.
C. Deterioration. Should such nonconforming development or nonconforming portion of development become deteriorated to the extent that it has been declared a “dangerous building” and ordered demolished pursuant to Silverton’s dangerous and derelict structures code (SMC 15.08.360 et seq.), the nonconforming status shall be deemed terminated upon such declaration and order.
D. 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.
E. Vehicular Parking Spaces. When a development is nonconforming in the number of required vehicular parking spaces and changes to a use or building are made that increase the number of required vehicular parking spaces, only the number of vehicular parking spaces related to the increase in square footage of the building need to be provided.
F. 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.
G. Remedy Nonconforming Development or Lot. Prior to occupancy after discontinuation or abandonment of a nonconforming development or lot, the subject development or lot, as applicable, must be brought up to current code standards or be removed. (Ord. 21-04 § 24, 2021; Ord. 08-06 § 3, 2008)