The purpose of this chapter is to establish standards and procedures for the continuation of uses and developments that are lawfully established but do not comply with the current code standards (“nonconforming situations”). It is the intent of this chapter to protect the public health, safety and welfare while allowing reasonable use of private property. There are three nonconforming situations addressed in this chapter as follows:

A. Nonconforming uses (e.g., industrial use in residential zone) are subject to Section 17.56.020.

B. Nonconforming developments (e.g., a structure does not meet setback, height or other development standards) are subject to Section 17.56.030.

C. Nonconforming lots (e.g., a lot that is smaller than the minimum area standards) are subject to Section 17.56.040. (Ord. 2120 §12, 2024).

Nonconforming uses that were lawfully established, but that would not be permitted under the current code, may continue subject to conformance with the following requirements:

A. Location. The nonconforming use shall not be moved in whole or in part from one lot to another lot, except to bring the use into conformance with this code.

B. Expansion. A nonconforming use may be expanded up to twenty percent of the subject site or building area; provided, that the expansion does not create any new, or expand any existing, physical nonconformity of the site or building. Expansions authorized herein shall be processed using Type I land use procedures set forth in Section 17.05.200.

C. Discontinuation or Abandonment. A nonconforming use that is discontinued for any reason for more than twelve months shall be deemed abandoned and no longer be an allowed use. For purposes of calculating the twelve-month period, a use is discontinued when:

1. The use of land is physically vacated;

2. 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;

3. Any lease or contract under which the nonconforming use has occupied the land is terminated; or

4. A request for final reading of water and power meters is made to applicable utility districts. (Ord. 2120 §12, 2024).

Nonconforming developments include structures, buildings, and site improvements that were lawfully established but that include conditions that could not be built under the terms of the current code due to changes in development standards, such as, lot coverage, setbacks, building height, access, landscaping, parking or other standards. Nonconforming development may remain on the site so long as it remains otherwise lawful and complies with the following regulations:

A. Alterations. A nonconforming development can be enlarged or altered in a way that does not increase its nonconformity through a Type I review. For example, an addition to an existing building that does not meet a required setback could be approved provided the building line does not further encroach on the nonconforming setback.

B. Destruction. In the event a nonconforming development or nonconforming portion of a development is destroyed by fire, flood or other catastrophe beyond the owner’s control, the nonconforming development may be reconstructed within twenty-four months in a manner that does not increase the nonconformity as it existed before the event. If the development is not reconstructed and received certificate of occupancy or is substantially complete within twenty-four months, the nonconformity shall no longer be allowed and reconstruction shall only be in full conformity with this code.

C. Roadway Access. Notwithstanding the foregoing provisions, the owner of a nonconforming driveway approach or access to a public street or highway, upon receiving land use or development approval, may be required as a condition of approval to bring the nonconforming access into conformance with the standards of the applicable roadway authority.

D. Relocation or Removal. Once a nonconforming structure or a portion of a nonconforming structure or development is moved, it shall thereafter conform to current standards. (Ord. 2120 §12, 2024).

A. A lot of record, or a parcel of land for which a deed or other instrument dividing the land was recorded with Jackson County prior to May 5, 1980, which has an area or dimension less than required by this code, shall be considered legally nonconforming and may be developed and occupied by a permitted use subject to compliance with the minimum standards of this code.

B. The taking by eminent domain action of a portion of an existing legal nonconforming lot shall not affect the legal right of the owner to use the remainder of such lot in any manner that would have been legal prior to the taking.

C. If, by the taking by eminent domain action of a portion of a lot, which includes a legal non-conforming sign(s), said sign(s) may be moved to another location on the remaining portion of the lot, as permitted by the planning director (or designee), with the signs retaining their legal nonconforming status. Such relocated sign shall otherwise be in conformance with all standards of the zoning code. (Ord. 2120 §12, 2024).