A.

Within the districts established by this title or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before the ordinance codified in this title was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this title or future amendments.

B.

It is the intent of this chapter to permit these nonconformities to continue until they are removed or abandoned. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

C.

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building, structure or use for which a building permit in accordance with the Cave Junction building code has been legally issued prior to the effective date of adoption or amendment of the ordinance codified in this title, except that applications for extension of a building permit shall not be approved to exceed a time of one year from the date of the adoption or amendment.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

In any district in which single-family dwellings are allowed by permitted or conditional use, notwithstanding limitations imposed by other provisions of this title, a single-family dwelling and customary accessory buildings may be erected on any single lot of record otherwise conforming to the requirements of all applicable city ordinances effective at the acre the lot was platted. A single lot of record shall be either any tract of land existing as a unit, or contiguous units of land under single ownership, or any lot or parcel in an approved subdivision or partition. This provision shall apply even though such lot fails to meet the requirements for area or width, or both. Other requirements not involving area or width or both shall conform to the regulations for the district in which such lot is located.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

Where, at the effective date of adoption or amendment of the ordinance codified in this title, lawful use of land exists that is made no longer permissible under the terms of this title as enacted or amended, and where such use involves no individual structure with a replacement cost exceeding one thousand dollars, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance codified in this title.

B.

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance codified in this title.

C.

If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this title for the district in which land is located.

D.

No additional structure not conforming to the requirements of this title shall be erected in connection with such nonconforming use of land.

E.

Additional structures for fencing, or otherwise visually improving a nonconforming use of land which will not extend the size, area, or operation of the nonconforming use of land and will not materially prolong its economic life, may be permitted subject to approval of a conditional use permit.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

Where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this title that could not be built under the terms of said ordinance as adopted or later amended by reason of restrictions on lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

No such structure may be enlarged or altered in a way which increases its nonconformity;

B.

Should such structure be destroyed by any means to an extent up to one hundred percent of its replacement cost at time of destruction, it may be reconstructed.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of the ordinance codified in this title that would not be allowed in the district under the terms of said ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

No existing structure devoted to a use not permitted in this title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered, except as allowed in this chapter and except a structure may be moved out of an existing or proposed street right-of-way to another portion of the parcel or lot upon which it is located;

B.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance codified in this title, but no such use shall be extended to occupy any land outside such building;

C.

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use in the same manner and procedure provided for temporary use permits in Chapter 17.14 if it is determined the character and nature of the proposed use will contribute to less incompatibility between the existing nonconforming structure, or structure and premises, and the uses and structures existing in the surrounding vicinity;

D.

Remodeling, additions or enlargements of existing single-family dwellings, duplexes, churches and schools may be made if otherwise conforming to the requirements in effect for the district in which located pertaining to height, setback, coverage, and vision clearance;

E.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the use regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed;

F.

Additional structures for fencing, covering, or visually improving a nonconforming use of a structure, or structure and premises in combination, which will not extend the size, area, or operation of the nonconformity and will not materially prolong its economic life may be permitted subject to approval of a conditional use permit as provided in Chapter 17.14;

G.

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for one continuous year, the structure, or structure and premises in combination, shall not thereafter be used, except in conformance with the regulations of the district in which it is located;

H.

Notwithstanding the provisions of this or other sections of this title, a single-family dwelling, manufactured/mobile home, or duplex, which constitutes a nonconforming use may be replaced if:

1.

The single-family dwelling, manufactured/mobile home, or duplex constitutes the residence of the owner or operator of the premises and has been removed because it is no longer fit for human habitation. The owner or operator of the premises must have occupied the single-family dwelling, manufactured/mobile home or duplex within one year of the date of removal. The necessary permits must be obtained and substantial construction begun within two years of the date of removal;

2.

The single-family dwelling, manufactured/mobile home or duplex, which constitutes the residence of the owner or operator of the premises has been destroyed. The necessary permits must be obtained and substantial construction begun within two years of the date of the destruction;

3.

Nothing in the provisions of subsections (H)(1) and (H)(2) of this section is to be construed as allowing the replacement of additional or other single-family dwelling, manufactured/mobile home or duplex which may be located on the same parcel of land as the residence of the owner or operator.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

A.

On any nonconforming structure or structure devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repair or replacement of walls, fixtures, wiring, or plumbing, to an extent not exceeding an accumulative total of one hundred percent of the assessed true cash value of the building at the time said structure became nonconforming, provided that the cubic content of the building as it existed at the time of passage or amendment of the ordinance codified in this title shall not be increased.

B.

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

Any use for which a conditional use or temporary permit has been granted as provided in this title and remains valid shall not be deemed a nonconforming use.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

Unzoned public land notwithstanding, subsequent zoning may be used for the purposes intended when the land was acquired, notwithstanding the use provisions of the district in which the land is situated.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)