Hermiston City Zoning Code
ARTICLE XIII
NONCONFORMING USES
§ 157.190 CONTINUATION OF USE.
(A)
Except as otherwise provided, the use of a building, structure, premises or land lawfully existing at the time of the effective date of this chapter or at the time of a change in the official zoning maps may be continued and maintained in reasonable repair, although the use does not conform with the provisions of this chapter.
(Ord. 1840, passed 2-28-1994; Am. Ord. 2301, passed 7-27-2020)
§ 157.191 VESTED RIGHTS.
Nothing in this chapter shall require any change in the plans, construction, alteration or designated use of a structure on which construction has physically, lawfully and substantially commenced prior to the adoption of this chapter, provided the structure is completed within two years from the issuance of the permit.
(Ord. 1840, passed 2-28-1994)
§ 157.192 ALTERATION OF USE OR STRUCTURE.
(A)
Definition. As used in this section, ALTERATION of a nonconforming use or structure includes:
(1)
A change in the use of no greater adverse impact to the neighborhood; and/or
(2)
A change in the structure or physical improvements of no greater adverse impact to the neighborhood.
(B)
Minor alteration. A proposal for the alteration of 10% or less of the gross building volume of a nonconforming use or structure may be approved by the city administration as a minor variance to the provisions of this chapter.
(C)
Major alteration. A proposal for the alteration greater than 10% of the gross building volume of a nonconforming use or structure may be approved by the Planning Commission subject to the provisions for conditional use permits.
(Ord. 1840, passed 2-28-1994)
§ 157.193 RESTORATION OF USE OR STRUCTURE.
The city administration may approve, as a minor variance, the restoration, reconstruction, or replacement of a nonconforming use or structure which is damaged by fire, flood, wind, earthquake, or other calamity or act of God or the public enemy to an extent greater than 60% of the replacement value using new materials provided that the restoration is commenced within a period of one year and is diligently prosecuted to completion.
(Ord. 1840, passed 2-28-1994)
§ 157.194 DISCONTINUANCE OF USE.
If a nonconforming use involving a structure or property is discontinued from active use for a period of one year, any subsequent use of the property or structure shall be a conforming use, unless otherwise approved by the Planning Commission through the conditional use process.
(Ord. 1840, passed 2-28-1994)
§ 157.195 CRITERIA TO GRANT OR DENY.
When reviewing any request to alter or restore a nonconforming use, it shall be determined that all of the following are found to exist:
(A)
The nature and character of the proposed use are substantially the same;
(B)
There is no material difference in the quality, character or degree of use; and
(C)
The proposed use will not prove materially adverse to surrounding properties.
(Ord. 1840, passed 2-28-1994)
§ 157.196 COMPLIANCE WITH STATE AND LOCAL CODES.
The granting of any approval shall not be deemed as providing any exception to all other state and local codes such as, but not limited to, fire and life safety, building or health codes.
(Ord. 1840, passed 2-28-1994)
