Chapter 19.18
NONCONFORMING USES AND STRUCTURES
Sections:
19.18.040 Nonconforming buildings or structures.
19.18.010 Purpose.
The purpose of this chapter is to provide standards for nonconforming uses and structures, or those structures and uses which, for whatever reason, do not meet the current standards of this title. (Ord. 1555 § 7, 2009).
19.18.020 Review process.
Any application originating from the requirements of this chapter shall be considered a review process II. (Ord. 1555 § 7, 2009).
19.18.030 Nonconforming uses.
A nonconforming use is a use of land or buildings which was lawfully established at the time the use was commenced but which no longer conforms to the use regulations for the zoning district in which the use is located.
(1) Continuation of Nonconforming Use. A nonconforming use may be continued subject to the following:
(a) A nonconforming use that ceases occupancy or, in the case of a business, active use, at a location for a continuous period of one year shall not thereafter be permitted to continue at said location. Any subsequent use at said location must conform to the use regulations for the zoning district in which it is located.
(b) A nonconforming use, other than a single-family use, that occupies a building or structure that has been damaged in excess of 50 percent of its real valuation exclusive of foundations shall not be permitted to reoccupy the building or structure. Any subsequent use at that location must conform to the use regulations for the zoning district in which it is located. Single-family uses may reoccupy the building, structure or property; provided, that such reestablished use shall meet all applicable density provisions of the underlying zoning district.
(2) Change of Use. A nonconforming use may be changed to a use which is in the same category of uses or to a use which is permitted under a more restrictive zoning classification. However, once a nonconforming use is changed to a more restrictive zoning classification, the original nonconforming use cannot be recommenced.
(3) Change of Tenancy or Ownership. Changes of tenancy, ownership or management of nonconforming uses are permitted, provided the change does not involve a modification in the character of the nonconforming use.
(4) Expansion of Use. Under application to the city, the floor area occupied by a nonconforming use may be expanded only in accordance with the following standards:
(a) A nonconforming use may be expanded one time only to occupy up to an additional 50 percent of the existing floor area occupied by the nonconforming use. Beyond this one-time-only expansion, minor expansions of up to five percent of the existing floor area occupied by the nonconforming use may also be permitted, but no more than once per calendar year. In either case, such expansions must otherwise meet the requirements of the zoning district in which the nonconforming use is located.
(b) A nonconforming use of buildings or land shall not be expanded to occupy additional parcels of land or additional lot area created by boundary line adjustment or lot combination.
(c) A residential use that is nonconforming with respect to permitted density only may be enlarged consistent with the regulations of the zoning district in which the use is located, so long as no additional housing units are created.
(d) A nonconforming use may be expanded as required to comply with federal, state or local regulations. In such cases, the owner shall provide documentation demonstrating the requirement and submit a site plan in accordance with Chapter 19.48 OHMC. (Ord. 1766 § 1, 2016; Ord. 1555 § 7, 2009).
19.18.040 Nonconforming buildings or structures.
A nonconforming building or structure is a building or structure which was lawfully constructed at the time the building or structure was approved but which no longer conforms to the regulations for the zoning district in which the building or structure is located.
(1) Continuation of Nonconforming Building or Structure. A nonconforming building or structure may continue to exist subject to the following:
(a) A nonconforming building or structure that has been damaged or partially destroyed for whatever reason, to an extent not exceeding 50 percent of its real valuation exclusive of foundations, may be restored to the prior level of nonconformity. The restoration work shall be commenced within one year of the partial destruction.
(b) A nonconforming building or structure that has been damaged in excess of 50 percent of its real valuation exclusive of foundations shall not be reconstructed except to conform with all regulations of the zoning district in which the building or structure is located. It shall be treated as a new building.
(2) Maintenance of Nonconforming Building or Structure. A nonconforming building or structure may be repaired and maintained to the limits identified in subsection (1) of this section so long as the repair does not increase the degree of nonconformity of the building or structure.
(3) Additions to Nonconforming Buildings or Structures. A building or structure that is nonconforming with respect to the dimensional requirements of the district in which it is located may be added onto such that the addition extends, but does not increase, the degree of nonconformity in the dimensional requirement. Such additions must otherwise meet the requirements of the zoning district in which the nonconforming use is located. (Ord. 1555 § 7, 2009).