Prineville City Zoning Code
Subchapter VII
Nonconforming Uses And Exceptions
§ 153.115 NONCONFORMING USES.
(A)
Purpose. It is the intent of this code to facilitate new development that is consistent with the goals and policies of the City of Prineville while making reasonable accommodations for existing uses and structures. Over time, increased consistency with this code is the desired result.
It is not the intent of this code to remove existing structures and uses. This code aims to see that new development is consistent with goals and policies while allowing existing development to remain as long as existing structures continue to be viable. Those who invest in this area would like a reasonable expectation that new development, consistent with this code, will complement and reinforce their investment.
(B)
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning:
NONCONFORMING USE. A lawful existing use or structure at the time the ordinance codified in this chapter or any amendments hereto become effective which does not conform to the requirements of the zone in which it is located or to any other specific requirements of this chapter applicable thereto.
(C)
The lawful use of any building, structure or land in existence at the time of enactment or amendment of this chapter may continue in the same use and form until substantial modification, as determined by the Planning Director, occurs or is requested. A change of ownership or occupancy shall be permitted. When any modification occurs whether deemed substantial or not, subsection (D) of this section shall apply.
(D)
The modification of existing buildings is permitted through administrative review if such changes result in greater conformance with the specifications of this chapter, including site improvements not associated with the structure. This also includes expansion necessary to comply with any lawful requirement mandated by local, state or federal regulation for continuation of the subject use.
(E)
A structure conforming as to use but nonconforming as to height, setback, or coverage may be altered or extended, through a Type I conditional use provided the alteration or extension does not deviate further from the standards of this chapter or have a negative impact on neighboring properties.
(F)
An expansion or modification of any nonconforming use may be approved by the Planning Commission if found to be reasonably necessary to continue the use and if found to be no more detrimental than the present use.
(G)
The extension of a nonconforming use to a portion of a lot or structure which was arranged or designed for the nonconforming use at the time of the effective date of the ordinance codified in this chapter, such as an addition to a single-family home, is not an expansion of a nonconforming use provided it complies with subsection (E) of this section.
(H)
Restoration or replacement of a nonconforming use may be permitted when the restoration or replacement is made necessary by fire, other casualty or natural disaster, or to meet health and building standards. Such restoration or replacement shall be commenced within one year from the occurrence of fire, casualty or natural disaster, and shall be completed within not more than 18 months from the date of commencement. In the case of the restoration or replacement because of health or building standard deficiencies, such shall be completed within not more than 12 months from the date of notification of the deficiencies.
(I)
If a nonconforming use is destroyed by any such cause to an extent exceeding 80% of its fair market value as indicated by the records of the County Assessor, and is not returned to use and in actual operating condition within 18 months from the date of destruction, a future structure or use shall conform to this chapter. An extension to such time period may only be granted where circumstances beyond the owner's control, such as an insurance claim settlement, have effectively prohibited reconstruction within the 18-month period. An application for the time extension shall be processed in the same manner as the application for reconstruction, and the filing fee shall be one-half of the fee for such an application.
(J)
A nonconforming use may not be resumed after a period of interruption or abandonment of more than one year unless the resumed use conforms to the requirements of this chapter or is granted additional time by the Planning Commission based on circumstances beyond the owner's control and/or a circumstance unique to the particular use. In no case, however, shall the period of inactivity exceed two years in any three-year period. The resumption of a nonconforming residential use shall also be allowed where a structure still retains the original character of its nonconforming use; such as a single-family home in a commercial zone.
(K)
Nothing contained in this chapter 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 has commenced prior to the adoption of the ordinance codified in this chapter provided the structure, if nonconforming or intended for a nonconforming use, is completed and in use within two years from the time the permit was issued.
(L)
Nothing contained in this chapter shall require any change in the plans for any use or development for which a land use permit had been granted prior to the effective date of the ordinance codified in this chapter, provided the building permit(s) therefor are obtained within the assigned time limits of the permit approval and construction is commenced within six months of the issuance of the building permit(s).
(M)
If a nonconforming use is replaced by another use, the new use shall conform to the applicable provisions of this chapter.
(Ord. 1180, passed 6-14-2011; Am. Ord. 1208, passed 12-9-2014)
§ 153.116 EXCEPTIONS TO LOT SIZE REQUIREMENTS.
(A)
The following exceptions to minimum lot size requirements shall apply:
(1)
If a lot or the aggregate of contiguous lots or parcels platted prior to the effective date of these standards has an area or dimension which does not meet the requirements of these standards, the lot or aggregate holdings may be put to use(s) permitted subject to the other requirements of the zone in which the property is located. A legal lot of record in a residential zone that is below the minimum size listed for a single-family dwelling shall be limited to one single-family dwelling with one ADU or a duplex outside of a designated hazard area and meet all dimensional requirements. City sewer and water services shall be approved and provided.
(2)
Any parcel of land or portion thereof which is to be dedicated to a public, semi-public or public utility for a park, school, road, canal, railroad, utility or other public use shall be exempt from the minimum lot size requirements of this chapter and the applicable zone.
(B)
In any zone, the Planning Commission may grant an exception to the stated minimum lot size for residential purposes in accordance with § 153.094, Cluster development.
(Ord. 1180, passed 6-14-2011; Am. Ord. 1262, passed 12-8-2020)
§ 153.117 EXCEPTIONS TO YARD-SETBACK REQUIREMENTS.
The following exceptions to yard or setback requirements are authorized for a lot or use in any zone:
(A)
The reviewing authority may increase the yard requirement when a yard abuts a street which the city has designated for future widening. The reviewing authority may permit a lesser front yard requirement if structures on abutting lots do not meet the front yard requirements of the zone in which it is located.
(B)
Any parcel of land or portion thereof which is taken by or is dedicated to a public or semi-public entity for a road, canal, railroad, utility or other public use shall be exempt from the building setback requirements set forth by the Prineville Development Code standards when such dedication of land reduces a setback for an existing building or structure. Such setback shall be treated as a nonconforming setback by the city and shall be subject to those code regulations and provisions that regulate nonconforming uses.
(Ord. 1180, passed 6-14-2011)
§ 153.118 EXCEPTIONS TO BUILDING HEIGHTS.
(A)
The following types of structures or structural parts are not subject to the building height limitations of this chapter: chimneys, cupolas, tanks, church spires, belfries, domes, derricks, monuments, fire and hose towers, observation towers, transmission towers, smokestacks, flagpoles, radio, cellular and television towers, masts, aerials, cooling towers, water towers, elevator shafts, windmills, conveyors, mill related apparatus and other similar projections.
(B)
The exceptions to building height limitations set forth herein are not applicable to any such structures or structural parts that are located within an Airport Approach (AA) Overlay Zone.
(Ord. 1180, passed 6-14-2011)
§ 153.119 EXCEPTION - ZONE BOUNDARIES.
If a zone boundary as shown on the Zoning Map splits a lot between two zones (a split zoned property), the entire lot shall be deemed to be in the zone in which the greater area of the lot lies. This does not include properties separated by a jurisdiction line such as the Urban Growth Boundary or county zoning.
(Ord. 1180, passed 6-14-2011)
§ 153.120 EXCEPTION - MINOR REPAIR/REHABILITATION.
Except for nonconforming uses, activities involving rehabilitation, replacement, minor betterment, repairs and maintenance, improvements and other similar construction activities involving a lawful use permitted within a specific zone are exempt from the permit requirements of this chapter unless specifically regulated herein and provided the activities do not change the use or expand the capacity of use level.
(Ord. 1180, passed 6-14-2011)
§ 153.121 EXCEPTION - PUBLIC STREET/HIGHWAY IMPROVEMENT.
Excepting for those activities specifically regulated by this chapter, the following public streets and highway improvement activities are permitted outright in all zones and are exempt from the permit requirements of this chapter:
(A)
Installation of additional and/or passing lanes, including pedestrian and/or bikeways, within a street or highway right-of-way existing as of the effective date of the ordinance codified in this chapter, unless such adversely impacts on-street parking capacities and patterns.
(B)
Reconstruction or modification of public roads and highways, not including the addition of travel lanes, where no removal or displacement of buildings would occur, and/or no new land parcels result.
(C)
Temporary public road and highway detours that will be abandoned and restored to original condition or use at such time as no longer needed.
(D)
Minor betterment of existing public roads and highway related facilities such as maintenance yards, weight stations and rest areas within a right-of-way existing as of the effective date of the ordinance codified in this chapter and contiguous publicly owned property utilized to support the operation and maintenance of public roads and highways.
(E)
The construction, reconstruction or modification of a public street or highway that is identified as a priority project in a Transportation System Plan (TSP) or the State Transportation Improvement Plan (STIP) that was duly adopted on or before the effective date of the ordinance codified in this chapter.
(Ord. 1180, passed 6-14-2011)
§ 153.122 EXCEPTION - PUBLIC FACILITIES IMPROVEMENT.
Minor betterment, improvements, replacement or reconstruction of existing public facilities such as sewer and water lines, storm water drainage facilities, sidewalks and other pedestrian ways or facilities, bikeways and similar public facilities within rights-of-way and easements for the purposes existing on or before the effective date of the ordinance codified in this chapter, or on contiguous publicly owned property designated, intended or utilized to support the facilities, or the facilities that are set forth within an adopted public facilities plan, the city's adopted Transportation System Plan or other capital improvement plan duly adopted on or before the effective date of the ordinance codified in this chapter, are exempt from the permit requirements of this chapter unless specifically set forth otherwise.
(Ord. 1180, passed 6-14-2011; Am. Ord. 1304, passed 9-23-2025)
