North Plains City Zoning Code
NON-CONFORMING USES
§ 155.705 PURPOSE AND SCOPE.
This subchapter is intended to address those uses or structures that were lawfully established before the date of adoption or amendment of this chapter, but which would be prohibited or restricted under the terms of this chapter or an amendment hereto. The general purpose of this subchapter is to encourage the conversion of such non-conforming uses to conforming uses. However, this chapter allows non-conforming uses and structures to be continued, altered, restored or replaced subject to satisfaction of the review criteria specified in below. Nothing contained in this chapter is intended to require any change in the plans, construction or designated use of any structure for which a building permit was issued and actual construction commenced prior to the date of adoption of this chapter or any amendment hereto. The alteration or expansion of a non-conforming use is not permitted, except in compliance with the provisions of this subchapter. For the purposes of this subchapter, alteration does not include normal repairs or replacement of non-bearing walls, fixtures, wiring, plumbing or roofing or siding materials.
(Prior Code, § 16.195.000)
§ 155.706 APPLICATION AND FEE.
An application for the alternation or expansion of a non-conforming use shall be filed with the city and accompanied by the appropriate fee. It is the applicant’s responsibility to submit a complete application that addresses the applicable review criteria of this chapter. A non-conforming use application is subject to the public notice requirements and public hearing requirements of this chapter.
(Prior Code, § 16.195.005)
§ 155.707 REVIEW CRITERIA.
(A) The Planning Commission may authorize alteration, restoration or replacement of a non-conforming use or structure when any of the following circumstances apply:
(1) The alteration is necessary to comply with any lawful requirements for alteration of said use or structure; and
(2) Restoration or replacement is made necessary by fire, casualty or natural disaster. Any restoration or replacement approved pursuant to this division (A) shall be commenced within one year from the occurrence of the fire, casualty or natural disaster.
(B) In any other circumstance, the alteration, restoration or replacement of a non-conforming use or structure may be authorized by the Planning Commission; provided that, the applicant demonstrates that the proposal satisfies the following criteria:
(1) The alteration of the use will result in a reduction in non-conformity of the use, or would have no greater adverse impact on the neighborhood; and
(2) The alteration of structures or physical improvements will result in a reduction in non-conformity of the structures or improvements or would have no greater adverse impact on the neighborhood.
(C) If any non-conforming use is discontinued for a period of one year, the non-conforming use shall not be resumed and any subsequent use of the property and structure involved shall conform to the requirements of this chapter.
(Prior Code, § 16.195.010)
§ 155.708 CONDITIONS OF APPROVAL.
In approving the alteration, restoration or replacement of a non-conforming use, the Planning Commission may impose such conditions as it deems appropriate to ensure that the intent of this chapter is carried out. Such conditions shall be reasonably related to the criteria set forth in §§ 155.045 through 155.057 of this chapter.
(Prior Code, § 16.195.015)
§ 155.709 COMPLIANCE WITH CONDITIONS.
Compliance with conditions imposed in a permit for the alteration, restoration or replacement of a non-conforming use and adherence to the approved plot plan is required. Any material departure from these conditions of approval and approved plans constitutes a violation of this chapter. The Commission may revoke any permit issued hereunder for failure to comply with any prescribed condition of approval or for any other violation of this chapter.
(Prior Code, § 16.195.020)