Myrtle Creek City Zoning Code
CHAPTER 18
140 NONCONFORMING USES AND STRUCTURES
§ 18.140.010 Nonconformities - Definition.
It is the purpose of the following sections to provide for the regulation of legally nonconforming uses and structures, lots of record, uses and signs and to specify those circumstances and conditions under which such nonconformities shall be permitted to continue. It is necessary and consistent with the regulations prescribed by this title that those nonconformities which adversely affect orderly development and the value of nearby property not be permitted to continue without restriction. Nonconformities are distinguished as follows:
(1)
A "nonconforming use"
is an activity using land, buildings, signs and/or structures for purposes which were legally established prior to the effective date of the ordinance codified in this title, or subsequent amendments to it, and which would not be permitted to be established as a new use in the zone in which it is located by the regulations of this title.
(2)
A "nonconforming structure"
is a building or structure, other than a sign, legally established prior to the effective date of the ordinance codified in this title, or subsequent amendments to it, which does not fully comply with the district regulations, supplemental district regulations, buffer yard requirements, parking and roadway access or similar ordinance provisions. "Nonconforming structure" does not include within its meaning the term "noncomplying structure" (which refers to a structure which is not in full compliance with provisions of the building code).
(3)
A "nonconforming lot of record"
is any validly recorded lot which, at the time it was recorded, fully complied with all applicable laws and ordinances but which does not fully comply with the requirements of this title concerning lot dimensions, such as minimum lot size or width.
(Ord. 508 § 6.01.0, 1982)
§ 18.140.020 Continuance of a nonconforming use or structure.
The lawful use of a building, structure or land existing or active at the effective date of the ordinance codified in this title, or amendments thereto, may continue although such use or structure does not conform to the regulations contained herein; provided, that if such nonconforming use or activity is terminated as set forth in MCMC § 18.140.030, any future use or activity in or on a structure, building or land shall conform to the regulations of the district in which it is located.
(Ord. 508 § 6.01.1, 1982)
§ 18.140.030 Termination of a nonconforming use or structure.
Except as provided in MCMC §§ 18.140.040 and 18.140.050, a nonconforming use of land, building or structure shall terminate when the nonconforming use has been discontinued for a period of 12 months, and the structure or property shall not thereafter be used except in conformance with the zone in which it is located.
(Ord. 508 § 6.01.2, 1982; amended during 2012 recodification)
§ 18.140.040 Expansion or alteration of anonconforming building or use.
A nonconforming building cannot be enlarged or reconstructed or the use expanded unless it is made to conform to the regulations of this title and of the building code as adopted by the city, except as allowed by the following:
(1)
Maintenance and repair of an existing non-conforming building and its equipment or fixtures are permitted; provided, that the value of the repair does not exceed 25 percent of the assessed value of the building as determined by the county assessor for the year in which the work is done.
(2)
An existing structure conforming as to use, but nonconforming as to height, setback and other dimensional standards, may be altered or extended, provided the alteration or extension does not result in an increased violation of this title.
(3)
Where a fraction of a building or lot contains a nonconforming use, such use shall not be expanded.
(Ord. 508 § 6.01.3, 1982)
§ 18.140.050 Restoration of nonconforming building or structure.
(1)
A nonconforming building or structure which is damaged by fire, flood, wind, earthquake or other calamity or act of God or the public enemy may be restored, and the occupancy or use of such building or structure or part thereof which existed at the time of such partial destruction may be resumed; provided, that the restoration is commenced within 12 months of the occurrence, and is diligently prosecuted to completion within 18 months of the occurrence.
(2)
The restoration or reconstruction of a non-conforming building or structure may not increase the floor area or create a greater nonconformance than existed at the time of damage or destruction.
(Ord. 508 § 6.01.4, 1982)
§ 18.140.060 Completion of a nonconforming structure.
Nothing contained in this title shall require any change in the plans, construction, alteration or designated use of a structure for which a building permit has been issued and work has commenced prior to the adoption of the ordinance codified in this title, provided the building, in nonconforming or intended for a nonconforming use, is completed and in use within two years from the time the building permit is issued.
(Ord. 508 § 6.01.5, 1982)
§ 18.140.070 Nonconforming lots of record.
A building or structure may be erected on any existing single lot of record even though such lot fails to meet the requirements for area or width or both; provided, that yard dimensions and requirements other than those applying to the area or width or both shall conform to the regulations for the district in which such lot is located. Variance to yard requirements shall be obtained through action of the city administrator or the city administrator's designee.
(Ord. 508 § 6.01.6, 1982)
