North Bend City Zoning Code
18.76 Nonconforming
Uses and Structures
If a nonconforming use is replaced by another use, the new use shall conform to this title and shall not subsequently be replaced by a nonconforming use.
18.76.010 Continuation of nonconforming use or structure.
Subject to the provisions of NBCC 18.76.020 through 18.76.070, a nonconforming structure or use may be continued and maintained in reasonable repair but shall not be altered or extended. The extension of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming use at the time this title is adopted shall not be considered an extension of a nonconforming use. (Ord. 1952 § 1(4), 2006)
18.76.020 Nonconforming structure.
A structure conforming with respect to use but nonconforming with respect to height, setback, coverage or access may be altered or extended if the alteration or extension does not deviate further from the standards of this title. (Ord. 1952 § 1(4), 2006)
18.76.030 Discontinuance of a nonconforming use.
(1) If a nonconforming use involving a structure is discontinued from use for a period of one year, a further use of the property shall be for a conforming use.
(2) If a nonconforming use not involving a structure is discontinued for a period of six months, further use of the property shall be for a conforming use. (Ord. 1952 § 1(4), 2006)
18.76.040 Termination of certain nonconforming uses.
A nonconforming use not involving a structure or one involving a structure having an assessed value of less than $200.00 shall be discontinued within two years from the date this title is adopted. (Ord. 1952 § 1(4), 2006)
18.76.050 Change of a nonconforming use.
If a nonconforming use is replaced by another use, the new use shall conform to this title and shall not subsequently be replaced by a nonconforming use. (Ord. 1952 § 1(4), 2006)
18.76.060 Destruction of a nonconforming use.
If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent exceeding 80 percent of the fair market value as indicated by the records of the county assessor, a future structure or use shall conform to this title. (Ord. 1952 § 1(4), 2006)
18.76.070 Completion of structure.
(1) 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 construction work has commenced prior to the adoption of this title, except that if the building is nonconforming or is intended for a nonconforming use it shall be completed and in use within two years from the time the building permit is issued.
(2) Alterations or Extensions within Five Years. Whenever a use has become nonconforming through the adoption of this title, then the planning commission may permit as a conditional use the alteration or extension of such use in instances where the application for the conditional use is filed with the city recorder within five years from the effective date of the ordinance codified in this title, which was March 30, 1962. (Ord. 1952 § 1(4), 2006)
18.76.080 Temporary nonconforming uses.
Permits for temporary nonconforming uses of property may be granted by the city council under the following procedures, terms, conditions and limitations:
(1) Temporary nonconforming uses shall be subject to the following conditions and limitations:
(a) No temporary nonconforming use shall be permitted for a period in excess of 120 days.
(b) No temporary use permit shall be granted unless it is determined that the proposed use will not adversely affect property within the neighborhood. For purposes of this section, “neighborhood” is defined as property within 300 feet of the proposed use.
(c) Temporary use permits shall be made subject to such conditions and limitations as will protect the public health and safety.
(d) If a temporary nonconforming use cannot be so limited or conditioned as to make it safe, or if such use would involve a violation of any safety or building code, or other ordinance of the city, or law of the United States or the state of Oregon, then a permit for such use shall be denied.
(2) Applications for a temporary nonconforming use permit shall be made to the city administrator and shall contain the names and addresses of the applicant and the owners and possessors of the property involved, the zone within which such property is situated, a description of the use proposed for such property, the dates or times proposed for such use, and any proposals for handling traffic, parking, public safety and protection of adjoining properties from any adverse affects from such use.
(3) At a meeting held not later than 45 days after the filing of such application the planning commission shall hear and consider such application and make its recommendation to the city council concerning whether or not such application should be granted, together with any suggested terms, conditions and limitations for the permit.
(4) In the event that the proposed use is to be for a period longer than three days, then the application shall be accompanied by a fee set by resolution of the city council, and a hearing shall be held by the planning commission with the same notice as is provided for a variance under the terms of this title.
(5) After receiving a recommendation from the planning commission, the council may grant or deny a permit for a temporary nonconforming use, and may make any permit subject to such conditions, limitations and terms as may be necessary or convenient for the protection of the public health, safety and welfare. (Ord. 1952 § 1(4), 2006)