Changes in ownership may occur and do not affect the status of a nonconforming use or Development.

A nonconforming use or development is allowed to change to a conforming use or Development. Once a conforming use or development occupies the site, the nonconforming status is lost and the nonconforming use or development may not be reestablished.

Routine maintenance and repair, as defined in Section 19.201, is allowed. Alteration, as defined in Section 19.201 and further described in Section 19.804, or destruction, as described in Section 19.805, may require land use review and/or may result in the loss of the nonconforming status of the use or development.

Where other sections of the Milwaukie Municipal Code require nonconforming uses or Development to come closer to conformance, those provisions apply instead of the provisions of this chapter.

Provisions of this chapter do not apply to signs. Nonconforming signs are regulated by Title 14 Signs.

Provisions

The following provisions apply to the alteration of nonconforming uses:

Land Use Review Required

Alterations or expansions that increase or extend the nonconformity are not allowed unless a variance is approved pursuant to Section 19.911.

Alterations or expansions that conform to Title 19 are allowed. For example, development that does not conform to height, yard requirements, or lot coverage may be altered provided that the alteration does not exceed the height, yard requirements, or lot coverage requirements of Title 19.

When a nonconforming use or development is intentionally destroyed to an extent less than or equal to 50% of its replacement value, restoration is allowed. The restoration shall not result in an increase in the nonconformance of the use or development.

When a nonconforming use or development is intentionally destroyed to an extent exceeding 50% of its replacement value, restoration of the use or development shall conform to all applicable land use and development regulations.

If a nonconforming use or development is partially or totally destroyed by fire or other causes or natural hazards beyond the control of the owner, the use or development may be restored or replaced. The restoration or replacement shall not be more out of conformance with the land use or development regulations than the original use or development.

All legally established high-impact nonconforming uses, as defined in Section 19.201 and as identified on the City's inventory pursuant to Subsection 19.806.3.B, are subject to amortization and discontinuance. Illegally established uses are subject to enforcement proceedings by the City if not immediately discontinued or converted to a conforming use.

The following nonconforming uses are not subject to amortization and discontinuance:

The City Council may direct the Planning Director to evaluate existing land uses within the city for the purpose of compiling an inventory of uses subject to amortization and discontinuance. Such direction shall be made by resolution at a public meeting.

The Planning Director's evaluation shall be undertaken as follows:

At the time of a vote directing the Planning Director to perform an evaluation of nonconforming uses, the Council shall specify the following:

No less than 60 days after the Planning Director's completion of the inventory, City Council shall review and adopt the inventory by resolution. Upon review of the Planning Director's evaluation and inventory, Council may add or remove properties from the inventory prior to its adoption.

No more than 30 days after the adoption of the inventory by City Council, the Planning Director shall provide notice to all property owners listed in the nonconforming use inventory. Such notice shall include the following:

For all properties with identified nonconforming uses that are included in the adopted nonconforming use inventory, the City shall require the discontinuance of such uses under a plan whereby the full value of any use-dependent structures and facilities are amortized within a definite and reasonable period of time. This action is a quasi-judicial action and shall utilize the Type IV review process pursuant to Section 19.1007. A separate hearing shall be conducted for each nonconforming use to determine the appropriate amortization schedule.

The City Council may, by ordinance, execute a compliance agreement with the owner of any property found to contain a high-impact nonconforming use. Such an agreement shall include a schedule for the property owner to bring the property into conformance through discontinuance of all nonconforming uses in a certain amount of time or by other means acceptable to the City. Such an agreement shall alleviate the City's obligation to schedule a hearing to determine an amortization period pursuant to Subsection 19.806.4.A or, alternatively, shall supersede the established amortization period for the subject property.

The City shall record in the Clackamas County real estate records all ordinances adopted pursuant to this subsection.

Nature of the use, its operations, and structures.

Character of the land and land uses in the surrounding area.

Location of the use in relation to surrounding uses.

Value of the land and its improvements.

Length of time the use has been in existence and the length of time the use has been nonconforming.

Amount of capital investment in the structures or improvements on the property at the time the use became nonconforming.

Amount of investment realized to date and the amount remaining, if any, to be recovered during the amortization period.

Existence or nonexistence of lease obligations.

Removal costs that are directly attributable to the establishment of a discontinuance date.

Other costs and expenses that are directly attributable to the establishment of a discontinuance date.

Burden on the property owner resulting from discontinuance of the use.

Benefit to the public resulting from discontinuance of the use.