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Milton Freewater City Zoning Code

CHAPTER 11

NONCONFORMING USES

10-11-1: DESCRIPTION AND PURPOSE:

Within the zones established by this title, there exist lots, structures, and uses of land and structures which were lawful before adoption of this title, but which are now restricted or prohibited by this title.
It is the intent of this chapter to permit those nonconformities until they are removed or abandoned, but not to allow their replacement or reestablishment. (Ord. 667, 9-24-1984)

10-11-2: NONCONFORMING LOT OF RECORD:

Nonconforming lots of record are buildable lots provided that such lots in any residential zone are limited to a single-family dwelling. Construction on nonconforming lots shall meet all minimum yard standards required in the zone in which the property is located. (Ord. 667, 9-24-1984; amd. Ord. 925, 6-13-2005)
A.   Any lot in a platted subdivision, town site plat, or town addition (such lots are designated on the county assessment map by lot and block descriptions, and are shown with a lot number) which has legal access to a public right of way but which is substandard in minimum area, width, depth or street frontage, is a nonconforming lot of record.
B.   Any unit of land not designated by lot and block description which has legal access to a public right of way, but which is substandard in minimum area, width, depth or street frontage, is a nonconforming lot of record provided that all contiguous tax lots under a single ownership are combined to come as close to the minimum standard as possible. Two (2) contiguous substandard tax lots which together make a conforming ownership unit shall be combined.
C.   Contiguous tax lots not designated by lot and block descriptions which together or individually are nonconforming may not be built on as separate units or sold separately to create a nonconforming ownership unit. (Ord. 667, 9-24-1984)

10-11-3: NONCONFORMING STRUCTURES:

A structure which exists at the time of adoption of this title, but which could not be built under provisions of this title due to lot coverage, yard requirements, height, or other characteristics is a nonconforming structure. Such structures may continue subject to the following provisions:
A.   A nonconforming structure may be expanded once up to an additional twenty percent (20%) of the floor area which existed at the date of adoption of this title. Such expansion shall be permitted in accordance with procedures prescribed in section 10-11-5 of this chapter.
B.   Should a nonconforming structure suffer damage exceeding fifty percent (50%) of its replacement cost, it shall be reconstructed in conformance with this title.
C.   If a nonconforming structure is removed or destroyed beyond repair, replacement structures, and their uses shall conform to this title. (Ord. 667, 9-24-1984)

10-11-4: NONCONFORMING USE OF STRUCTURE OR LAND:

A use of a structure or of land which exists at the time of adoption of this title, but which could not commence under provisions of this title is a nonconforming use. Such use may continue subject to the following provisions:
A.   An existing structure or an area of land devoted to a use not permitted by this title shall not be enlarged, extended or structurally altered except for the purpose of changing the structure to accommodate a use permitted by this title, or as provided by section 10-11-5 of this chapter.
B.   A nonconforming use may be extended within a building if the building was designed for that use prior to adoption of this title, provided that such an expansion does not unreasonably increase the noise, traffic, parking, or public facility characteristics of the use. Expansion of an enclosed nonconforming use to land outside of the building is not permitted, and is not subject to application under section 10-11-5 of this chapter.
C.   Expansion of the land area devoted to an unenclosed nonconforming use is permitted only in conformance with the provisions of section 10-11-5 of this chapter.
D.   If a nonconforming use of a structure is replaced by another use, the replacement use and all subsequent uses shall be conforming uses.
E.   If a nonconforming use of a structure ceases for a period of three hundred sixty five (365) days, all subsequent uses shall be conforming uses. (Ord. 667, 9-24-1984)

10-11-5: EXPANSION OF NONCONFORMING USE OR STRUCTURE:

A nonconforming structure may be expanded one time to provide additional area not to exceed twenty percent (20%) of the floor area or land area as it existed at the date of adoption of this title. Application for such expansion shall be handled by level III processing procedures according to the following provisions.
A permit for expansion of a nonconforming use in no way removes the nonconforming status. All provisions relating to regulations and abandonment of a nonconforming use still apply.
A.   Expansion of a nonconforming use shall be a conditional use. The provisions of sections 10-9-1 through 10-9-6 of this title shall apply.
B.   In addition to the general criteria of section 10-9-6 of this title, the following criteria shall be met:
1.   The proposed increase does not materially increase noise, odor, traffic, or other adverse effects on surrounding property which conforms to the provisions of the use zone applicable to the property.
2.   The proposed increase shall not exceed the setbacks required for the principal use listed in the zone even though other portions of the existing structure may exceed the required setbacks.
C.   In addition to the conditions of approval listed in section 10-9-5 of this title, the commission may place the following conditions on the expansion of a nonconforming structure: (Ord. 667, 9-24-1984)
1.   If the nonconforming use is in a residential zone, the subject property, the expansion, and/or the original structure, may be required to be upgraded or modified so as to conform more closely to the residential structure characteristics of the surrounding property. (Ord. 667, 9-24-1984; amd. Ord. 925, 6-13-2005)
2.   Increased setbacks, obscuring fencing, or other buffering may be required on the existing use as well as the expansion to provide additional protection to surrounding uses. (Ord. 667, 9-24-1984)

10-11-6: ADDITIONAL PROVISIONS:

A.   Any nonconforming structure or structure containing a nonconforming use may have routine upkeep and maintenance or repair, provided that the repair does not exceed fifty percent (50%) of the replacement cost of the structure. Repair or construction ordered by any official charged with protecting public safety shall be permitted in all cases on nonconforming structures.
B.   When a zoning permit has been issued for a structure prior to adoption of this title, said structure may be completed according to the approved plans even though the structure, or use, or both are nonconforming. (Ord. 667, 9-24-1984)