Chapter 18.85
NONCONFORMING USES AND STRUCTURES
Sections:
18.85.020 Alterations of nonconforming building or structure.
18.85.030 Relocation of nonconforming building or structure.
18.85.040 Conversions of nonconforming use.
18.85.050 Relocation and enlargement of nonconforming use.
18.85.060 Discontinuance of nonconforming signs.
18.85.070 Resumption of discontinued or abandoned nonconforming use.
18.85.010 General.
To benefit from the protection herein provided, the nonconforming use, building or structure must have been legitimately and lawfully established prior to the effective date of the ordinance codified in this title. The mere presence of a building, structure, equipment or material shall not be deemed to constitute the continuance of a nonconforming use unless the building, structure, equipment or material is actually being occupied or employed in maintaining such use. [Ord. 95-01 § 24; Ord. 90-02 § 24.]
18.85.020 Alterations of nonconforming building or structure.
Any building or structure nonconforming only as to site coverage, yard, open space or density provisions of the zone in which it is located may be enlarged, remodeled, or added to if such alterations do not contribute to further nonconformity; provided, however, if the cost of such additions, alterations or repairs within any 12-month period exceeds 50 percent of the actual value of the building or structure, such building or structure shall be made to conform with the provisions of this title. [Ord. 95-01 § 24; Ord. 90-02 § 24.]
18.85.030 Relocation of nonconforming building or structure.
Nonconforming buildings or structures shall not be relocated on the same site unless the move results in bringing the building or structure into closer conformance with the provisions of this title. [Ord. 95-01 § 24; Ord. 90-02 § 24.]
18.85.040 Conversions of nonconforming use.
A nonconforming use may be changed to a permitted use at any time. [Ord. 95-01 § 24; Ord. 90-02 § 24.]
18.85.050 Relocation and enlargement of nonconforming use.
The area devoted to a nonconforming use shall not be relocated or enlarged. [Ord. 95-01 § 24; Ord. 90-02 § 24.]
18.85.060 Discontinuance of nonconforming signs.
Nonconforming signs shall not be changed, altered, or replaced after the effective date of the ordinance codified in this title. When it becomes necessary to change, alter, or replace a nonconforming sign, said sign shall be replaced with a conforming sign. [Ord. 95-01 § 24; Ord. 90-02 § 24.]
18.85.070 Resumption of discontinued or abandoned nonconforming use.
A nonconforming use, when abandoned or discontinued, shall not be resumed. Discontinuation or abandonment shall occur:
A. When land used for a nonconforming use ceases to be used for that particular use for six months; or
B. When a building designed or arranged for a nonconforming use ceases to be used for that particular use for 12 months; or
C. When a building designed or arranged for a conforming use but used for a nonconforming use ceases to be used for a nonconforming use for six months. [Ord. 95-01 § 24; Ord. 90-02 § 24.]
18.85.080 Restoration.
In the event that a nonconforming structure or building, or portion of a building, containing a nonconforming use is less than 50 percent destroyed by fire, explosion, natural catastrophe or act of public enemy, nothing in this title shall prevent the restoration of the nonconforming structure, building or use, as long as restoration is completed within one year after the partial destruction. The determination of whether a building or structure is less than 50 percent destroyed shall be with the Columbia County building official. In the event that 50 percent or more of the structure, building or portion thereof is destroyed, then restoration shall not be permitted. [Ord. 95-01 § 24; Ord. 90-02 § 24.]
18.85.090 Existing lots.
A single-family unattached dwelling unit may be erected on any single lot of record existing at the effective date of the ordinance codified in this title, excluding minimum lot size provisions. [Ord. 95-01 § 24; Ord. 90-02 § 24.]