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Klamath Falls City Zoning Code

ARTICLE 20

NONCONFORMING USES AND STRUCTURES

§ 12.860 Continuing nonconforming structure or use.

Subject to the provisions of this article, a nonconforming structure or use may be continued.
(Ord. 17-10, 2017; Ord. 22-13, 2022)

§ 12.865 Nonconforming structures.

Where a structure exists on a lot that does not conform to the provisions of the CDO by reason of setback or height, the structure may remain as lawful subject to all of the following conditions:
A. 
Except as otherwise provided in this article, a structure conforming as to use but nonconforming as to certain other requirements of the zone it occupies, may be altered, repaired or expanded, provided that the alteration, repair or expansion does not increase an existing nonconformity or create a new one. This subsection shall not apply to a nonconforming structure destroyed to the extent described in Section 12.885.
B. 
Except as otherwise provided in Chapters 10 to 14, a nonconforming structure containing a nonconforming use shall not be substantially altered or expanded.
C. 
Regular maintenance, repair and replacement (roofing, siding, awnings, etc.) of materials related to the nonconforming structure shall be permitted.
(Ord. 17-10, 2017; Ord. 22-13, 2022)

§ 12.870 Extension of nonconforming use.

A. 
Where a use of land involving a structure with an assessed value greater than $10,000.00 was lawful at the time it was established, the use may be continued as long as it remains otherwise lawful.
B. 
Excepting subsection A above, no nonconforming use shall be extended.
C. 
No nonconforming use shall be expanded, including those not involving a structure.
(Ord. 17-10, 2017; Ord. 22-02, 2022; Ord. 22-13, 2022)

§ 12.880 Discontinuance or change of nonconforming use in a structure.

If a nonconforming use involving a structure is discontinued for a period of one year or more, further use of the space in the structure occupied by the nonconforming use shall conform to the requirements of the zone in which the property is located. Subject to the exceptions set forth in Section 12.890, a nonconforming use of a structure in all zones may only be changed to a use permitted in the zone where the structure is located.
(Ord. 17-10, 2017; Ord. 22-13, 2022)

§ 12.885 Destruction of a structure containing a nonconforming use.

A. 
For residential uses:
1. 
A structure containing a nonconforming use may be replaced in the event of its destruction only if:
a. 
The destruction accounts for 80% or less of the assessed value of the structure; and
b. 
Substantial reconstruction of the structure begins on the lot or parcel within six months of its having been destroyed.
2. 
If the destruction of a structure containing a nonconforming use exceeds 80% of that structure's assessed value, or reconstruction of such a structure destroyed to a lesser extent has not begun on the lot or parcel within six months of it having been destroyed, the lot or parcel must conform to all provisions of this code.
B. 
For all other uses:
1. 
If a structure containing a nonconforming use is destroyed by any cause to an extent exceeding 50% of the assessed valuation of said structure, a structure or use on this lot or parcel shall conform to the provisions of Chapters 10 to 14.
C. 
The assessed valuation of the structure for purposes of this article (Nonconforming Uses and Structures) shall be determined from current assessment records of the Klamath County Assessor.
(Ord. 17-10, 2017; Ord. 22-02, 2022; Ord. 22-13, 2022)

§ 12.890 Nonconforming use exceptions.

A. 
Exceptions from any provisions of Sections 12.860 to 12.885 (Nonconforming Uses and Structures) may be granted by the Director. An applicant for such an exception shall submit an application on appropriate forms approved by the Director.
B. 
The Director shall follow the procedures set forth in Section 10.805 (Administrative review—Staff review procedures).
C. 
If the exception is allowed, it shall remain until such time as: the nonconforming structure or use is discontinued for a period of 12 months or more; the nonconforming structure is destroyed as provided in Section 12.885; the nonconforming structure or use is brought into compliance with the provisions of Chapters 10 to 14; or one or more of any conditions placed on the exception are violated.
(Ord. 17-10, 2017; Ord. 22-13, 2022)

§ 12.895 Criteria for approval of nonconforming use exception.

The following criteria shall be used to approve or deny an application for a proposed nonconforming use exception:
A. 
The exception is compatible with adjacent land uses;
B. 
The conditions imposed in connection with granting the exception will result in greater conformity of the property to the provisions of Chapter 14, including, but not limited to, parking, traffic circulation, drainage, pedestrian ways, screening, landscaping, and signs, to the maximum extent practicable; and
C. 
The exception is necessary to maintain a substantial property right of the applicant and avoid undue hardship which can be relieved only by granting an exception to the provisions of Sections 12.860 to 12.885 (Nonconforming Uses and Structures).
(Ord. 17-10, 2017; Ord. 22-13, 2022)

§ 12.898 Appeal.

The decision of the Director is final and may be appealed pursuant to the provisions of Chapter 10, Article 5 (Appeals).
(Ord. 17-10, 2017; Ord. 22-13, 2022)