Silverton City Zoning Code
§ 153.21
NONCONFORMING USE STANDARDS.
(A) Purpose. Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures, and uses of land which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments. It is the purpose of this section to permit these nonconforming lots, structures, and uses to continue until they are removed, but not to encourage their permanent establishment. It is further the purpose of this section that a nonconforming structure or use shall not be enlarged or extended beyond the scope and area of its operation at the time it became a legal nonconforming use, except as specified in division (D) of this section.
(B) Single nonconforming lots of record. Any lot of record which does not meet the requirements for intensity or size, or both, that are generally applicable in the district wherein the lot is located, and which exists at the effective date of adoption or amendment of this chapter, may be developed in conformance with all other requirements of this chapter, provided that the lot is of separate ownership from all adjacent and contiguous parcels.
(C) Nonconforming lots of record in combination. If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter and if all or part of the lots with no buildings do not meet the requirements established for intensity or size, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter and no portion of that parcel shall be used or sold in a manner which diminishes compliance with intensity or size requirements established by this chapter, nor shall any parcel be made which creates a lot with an intensity or size below the requirements stated in this chapter.
(D) Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on intensity or size or lot coverage or height or bulk or setback, or other requirements concerning the structure, that structure may be continued so long as it remains otherwise lawful, and shall be subject to the following provisions:
(1) No nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered in a manner that does not increase its nonconformity or altered to decrease its nonconformity;
(2) Any building or structure maintaining a physical nonconforming status as to height, building setback, exterior materials, or otherwise, which is damaged by explosion, fire, flood, wind or other act of God to the extent of 50% or more of its fair market value immediately prior to such damage, shall not be repaired or reconstructed except in conformity with the provisions of this Zoning Code except legal nonconforming residential dwellings may be reconstructed, regardless of the amount of damage, as provided below:
(a) Legal nonconforming residential dwelling structures shall be permitted to be rebuilt as the same category of dwelling type (i.e. a single-family dwelling may not be rebuilt as a multiple family dwelling).
(b) Any rebuilt residential dwelling structure shall not exceed the original dwelling's total livable and non-livable square footage area nor exceed the original structure height.
(c) Any rebuilt residential dwelling structure shall not encroach beyond the original building setbacks.
(3) In the event that the Zoning Enforcement Officer's estimate of the extent of damage or fair market value for the purposes of determining the applicability of division (D)(2), above, is not acceptable to the applicant for the zoning permit to repair or reconstruct such building or structure, the applicant may appeal to the Board of Zoning Appeals.
(4) When a nonconforming use qualifies for reconstruction through damage, a building permit shall be secured for that purpose and reconstruction shall be diligently completed without delay. Failure to reconstruct within 18 months of the damage revokes the right to the nonconforming use and the premises shall conform thereafter to the established district regulations.
(5) Should the structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(E) Nonconforming uses. Where, at the time of adoption of this chapter lawful uses of land exist which would not be permitted by the regulations imposed by this chapter, the uses may be continued so long as they remain otherwise lawful, provided:
(1) No nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;
(2) No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by those uses at the effective date of adoption or amendment of this chapter;
(3) If any such nonconforming uses of land or structures are discontinued or abandoned for more than a continuous six-month period (except when government action impedes access to the premises), any subsequent use of such land or structure shall conform to the regulations specified by this chapter for the district in which such land is located; and
(4) No additional structure not conforming to the requirements of this chapter shall be created in connection with a nonconforming use of land.
(F) Repairs and maintenance. Nothing contained in this chapter shall be deemed to prevent the strengthening or restoring to a safe and sanitary condition of any building or part thereof declared to be unsafe or unsanitary by any official charged with protecting the public safety, upon order of that official.
(G) Avoidance of undue hardship. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which the actual building construction has been carried on diligently; provided, that construction is not found to have been or be a purposely planned evasion of the intents of this chapter. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, the demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently, but subject to the same clarifications of planned intent above.
(H) Change from one nonconforming use to another. The Planning Commission shall have the power to hear and decide on applications to permit a change from one nonconforming use to another. The Commission shall not permit a change unless the new nonconforming use is equally or more compatible with permitted uses in the district in which it is located than the existing nonconforming use. The Commission shall not allow any changed nonconforming use to be increased or enlarged, nor extended to occupy a greater area of land than was occupied by the original nonconforming use. In permitting the change, the Commission shall require appropriate conditions and safeguards in accord with other provisions of this chapter.
(Ord. 2025-10, passed 5-1-25)