Dunes City City Zoning Code
NON-CONFORMING USES
AND DEVELOPMENT
§ 155.485 PURPOSE.
(A) (1) There were lots, structures, and uses that were lawful before the effective date of this chapter, or amendment hereto, but which have become either prohibited, regulated, or restricted under the new terms and conditions of this chapter.
(2) They shall hereafter be referred to as pre-existing, non-conforming uses, buildings, or lots.
(B) (1) This subchapter provides standards and procedures for the continuation of uses and developments that are lawfully established but do not comply with current provisions and standards of this chapter.
(2) (a) This subchapter is intended to protect public health, safety, and general welfare, while allowing reasonable use of private property.
(b) This subchapter contains three sections, as follows:
1. Non-conforming uses (for example, the industrial use in residential zone) are subject to § 155.486;
2. Non-conforming buildings (for example, the structure does not meet setback or height standards) are subject to § 155.487; and
3. Non-conforming lots (for example, the lot is smaller than minimum area standard) are subject to § 155.488.
(Ord. 259, passed - -)
§ 155.486 NON-CONFORMING USES.
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 provisions:
(A) Expansion of non-conforming use limited.
(1) A pre-existing, non-conforming use may make an expansion of the existing structure for the same use up to 25% of the existing square footage of floor area.
(a) Any pre-existing non-conforming use may be extended throughout any part of a building, but no such use shall be extended to occupy any land outside such building.
(b) If setback intrusion is the non-conforming use, remodeling, additions, or enlargements are allowed as long as the setback encroachment is not increased.
(B) Location of non-conforming use. A non-conforming use shall not be moved in whole or in part from one lot to another lot, except as to bring the use into conformance with this code.
(C) Discontinuation or abandonment of non-conforming use. A non-conforming use that is discontinued for any reason other than fire or other catastrophe beyond the owner’s control for any 12 consecutive months shall be deemed abandoned and shall no longer be an allowed use.
(D) Application of code criteria and standards to non-conforming use. Once the city deems a use abandoned, pursuant to division (C) above, any subsequent use of the subject lot and structure shall conform to the current standards and criteria of this chapter and the non-conforming use shall not be allowed to resume, in whole or in part, under the same or different ownership or management; any such activity is a violation of this subchapter and subject to enforcement proceedings under §§ 155.020 through 155.037.
(Ord. 259, passed - -) Penalty, see § 155.999
§ 155.487 NON-CONFORMING BUILDINGS.
(A) This section regulates non-conforming development, which includes buildings that lawfully existed before the effective date of this chapter, or amendment hereto, that could not be built under the provisions of this code today.
(B) Examples include restrictions on lot area, lot coverage, location on a lot, setbacks, height, yard, access parking, landscaping, or other physical restriction or requirement. If the building was lawful when constructed it may remain on the site so long as it remains otherwise lawful and complies with the following.
(1) Alterations.
(a) Additional structures for fencing, covering, or visually improving a legal non-conforming, or structure and premises in combination, which will not extend the size, area, or operation of the non-conformity and will not materially prolong its economic life, may be allowed.
(b) A non-conforming structure shall not be enlarged or altered in any way that increases its non-conformity.
(2) Destruction of non-conforming buildings.
(a) In the event of damage or destruction due to fire or other disaster, a non-conforming building or structure may be replaced in accordance with current Building Codes.
(b) Replacement shall be commenced within two years of the date of destruction and shall be diligently followed to completion.
(c) The Planning Commission, with a written request of the applicant, may extend the period on additional one year.
(d) Nothing in these provisions is to be construed as allowing the replacement of an additional or other single-family dwelling which may be located on the same parcel of land.
(3) Repairs and maintenance.
(a) 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.
(b) 1. On any legal non-conforming structure, or structure devoted in whole or in part to any legal non-conforming 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 75% of the current assessed true cash value of the building.
2. Provided, that the cubic volume of the building as it existed at the time it became non-conforming shall not be increased.
(4) Definition of replace.
(a) As used in this section, REPLACE shall mean to rebuild a structure such that it is brought back to its original use.
(b) In replacing a damaged non-conforming structure, the structure does not need to conform to the prior design, but the design may not be altered in any manner that increases its non-conformity.
(Ord. 259, passed - -)
§ 155.488 NON-CONFORMING LOTS.
(A) Any lot having an area or dimension less the minimum one acre shall be designated a building site, provided the following criteria are met:
(1) The lot is shown on an officially approved and recorded subdivision map;
(2) A deed or a valid contract of sale is recorded with the county; and
(3) The lot can meet the city code building setback requirements and the county on-site wastewater requirements.
(B) No lot or combination of contiguous lots, either vacant or containing a single-family or multi-family dwelling, shall be replatted so that an undersized lot is created, nor shall a lot be replatted if setbacks or dimensions less than the minimum one acre would result.
(C) (1) If a lot is non-conforming for the sole reason it is less than one acre in size, the conditional use permit approval process may be used to allow intrusion of up to 20% into standard setbacks.
(2) This 20% allowance does not apply in shoreland or riparian areas.
(Ord. 259, passed - -)