(A) Purpose. This subchapter provides standards and procedures for the continuation of uses and developments that are lawfully established but do not comply with current Code standards ("nonconforming situations"). The Code is intended to protect public health, safety, and general welfare, while allowing reasonable use of private property. The subchapter contains 3 sections as follows:
(B) Applicability. The provisions of this chapter apply to nonconforming situations that were lawfully established. Situations that are nonconforming and were not lawfully established must be lawfully established through the appropriate review procedure. The expansion of nonconforming situations is subject to site design review per §§ 151.250 through 151.256.
(1) Nonconforming uses (e.g., uses not allowed in zone) are subject to division (C);
(2) Nonconforming developments (e.g., structure does not meet minimum setbacks) are subject to division (C); and
(3) Nonconforming lots (e.g., lot is smaller than minimum area standard) are subject to division (D).
(C) Nonconforming use. Where a use of land exists that would not be permitted under the current Code but was lawful at the time it was established, the use may continue, provided it conforms to the following standards:
(1) Limited expansion of nonconforming use. Expansion of a nonconforming use shall not exceed 35% percent of the use, and not more than 35% of the lot area, whichever is less, which existed as of 6-12-2014. Expansion of a nonconforming use requires approval of a Type II site design review per §§ 151.250 through 151.256.
(2) Location of nonconforming use. A nonconforming use shall not be moved in whole or in part from 1 lot to another lot, except as to bring the use into conformance with this Code.
(3) Discontinuation or abandonment of nonconforming use. A nonconforming use that is discontinued for any reason other than fire or other catastrophe beyond the owner's control for a period of more than 12 months shall be deemed abandoned and shall no longer be an allowed use. For purposes of calculating the 12-month period, a use is discontinued upon the first occurrence of any 1 of the following:
(a) The date when the use of land is physically vacated;
(b) The date the use ceases to be actively involved in the sale of merchandise or the provision of services; for example, as evidenced by the removal of signs, goods/stock, or office equipment, or the disconnection of telephone or utility service;
(c) The date of termination of any lease or contract under which the nonconforming use has occupied the land;
(d) The date a request for final reading of water and power meters is made to the applicable utility districts;
(e) The date when the owner's utility bill or property tax bill account became delinquent; or
(f) Where data for events listed in divisions (C)(3)(a) through (C)(3)(e), above, is not available, the date of an event similar to those listed in divisions (C)(3)(a) through (C)(3)(e), above, as determined by the Planning Commission.
(4) Application of code criteria and standards to nonconforming use. Once the city deems a use abandoned pursuant to division (B), any subsequent use of the subject lot shall conform to the current standards and criteria of this Code; the prior use shall not be allowed to resume, in whole or in part, under the same or different ownership/management, and any such activity is a violation of this Code.
(5) Extension of nonconforming status for discontinued use. A nonconforming use that is discontinued shall not be considered abandoned where the Planning Commission grants an extension for repair, including as applicable ongoing, active renovation and efforts to lease the subject property. The owner must request the extension within the 6-month period of discontinuance.
(6) Exceptions. Properties on NW Main Street having commercial zone designations prior to 2023 and listed in Ord. 2023-07-11 are exempt from division (C)(1) above as confirmed by the Planning Director.
(D) Nonconforming development. Nonconforming development includes situations where a development exists on the effective date of adoption or amendment of this Code that could not be built under the terms of the Code, for example, by reason of restrictions on lot area, lot coverage, location on a lot, setbacks, height, yard, equipment, access, parking, landscaping, or other physical restriction or requirement. If the development was lawful when constructed, it may remain on the site so long as it remains otherwise lawful and complies with the following regulations:
(1) Expansion. Any expansion of a nonconforming development shall not exceed 30% of the subject building area or development area, as applicable; for example, such area may include floor area or other surface area, paving, parking spaces, landscaping, outdoor storage, signage, lighting, or other developed areas that existed as of 6-12-2014. Expansion of a nonconforming development requires approval of a Type II site design review per §§ 151.250 through 151.256.
(2) Other alterations. A nonconforming development shall not be enlarged or altered in a way that increases its nonconformity. A development or portion thereof may be enlarged or altered in a way that satisfies the current requirements of this Code or moves in the direction conformity.
(3) Destruction. Should a nonconforming development or nonconforming portion of development be destroyed by any means to an extent more than 50% of its current value as assessed by the Washington County Assessor, it shall be reconstructed only in full conformity with this Code. This does not preclude the reestablishment of a nonconforming use after fire or other catastrophe. See also, division (B).
(4) Roadway access. The owner of a nonconforming driveway approach or access to a public street or highway, upon receiving approval from the applicable roadway authority, may be required as a condition of approval to bring the non-conforming access into conformance with the standards of the roadway authority.
(5) Relocation or removal. Once a nonconforming structure, or a portion thereof, is moved to a different lot, it shall thereafter conform to current Code standards.
(6) Exceptions. Properties on NW Main Street having commercial zone designations prior to 2023 and listed in Ord. 2023-07-11 are exempt from divisions (D)(1) and (D)(2) above as confirmed by the Planning Director.
(E) Nonconforming lot. A legal lot or lot of record, as provided by § 151.005, with an area or dimensions that do not meet the standards of the zone in which the property is located, may be occupied by a use permitted in the zone subject to other requirements of the zone.
(Ord. 2021-08-02, passed 10-12-2021; Am. Ord. 2023-07-03, passed 8-8-2023)