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Siletz City Zoning Code

CHAPTER 17

32 - NONCONFORMING USES

Sections:


17.32.010 - Continuation of nonconforming use or structure.

Subject to the provisions of this chapter, a lawful nonconforming structure or use may be continued. The extension of a lawful nonconforming use to a portion of a structure which was arranged or initiated for the lawful nonconforming use at the time of passage of this title is not considered an enlargement or expansion of a nonconforming use.

(Ord. 106 § 7.010, 1987)

17.32.020 - Discontinuation of nonconforming use.

A.

If a nonconforming use involving a structure is discontinued for a period of one year, further use of the property shall conform to this title.

B.

If a nonconforming use not involving a structure is discontinued for a period of six months, further use of the property shall conform to this title.

(Ord. 106 § 7.020, 1987)

17.32.030 - Change of nonconforming use.

A.

If a nonconforming use not involving a structure is replaced by another use, the new use shall conform to this title.

B.

If a nonconforming use involving a structure is replaced by another use, the new use shall conform to this title unless the Planning Commission determines that such structure is suitable only for another nonconforming use no more detrimental to surrounding properties than the one to be replaced.

(Ord. 131 § 2 (part), 1992: Ord. 106 § 7.030, 1987)

17.32.040 - Destruction of nonconforming use.

If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent exceeding eighty percent of its fair market value as indicated by the records of the County Assessor and is not returned to use within one year from the date of destruction, a future structure or use on the site shall conform to this title except that replacement of nonconforming signs shall be in accordance with the provisions of this title.

(Ord. 106 § 7.040, 1987)

17.32.050 - Completion of 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 or construction work has commenced prior to the adoption of this title, provided the building, if nonconforming or intended for a nonconforming use, is completed and in use within two years from the time the building permit is issued or construction was begun.

(Ord. 106 § 7.050, 1987)

17.32.060 - Expansion of nonconforming use.

A nonconforming use existing at the time that zoning was or is adopted in the area of such use, or changed in the area, may be expanded if such expanded use is not detrimental to public health, safety and welfare and determined by the Planning Commission following conditional use procedures to be in compliance with all state and local ordinances.

(Ord. 131 § 2 (part), 1992: Ord. 106 § 7.060, 1987)