(1)

To carry out the purposes, goals and objectives of the Tualatin Comprehensive Plan, it is necessary and desirable that all uses and structures incompatible with permitted uses or structures in each planning district be strictly regulated and permitted to exist only under specific regulations. It is the purpose of such specific regulations and control over such incompatible uses and structures that such nonconforming uses or structures be discontinued or brought into conformity with permitted uses or structures in each planning district.

(2)

This Chapter sets the requirements for:

(a)

Nonconforming uses;

(b)

Nonconforming development;

(c)

Nonconforming lots;

(d)

Nonconforming signs; and

(e)

Nonconforming wireless facilities.

(Ord. 1414-18; 12-10-18; Ord. No. 1450-20 meeting, § 3, 12-14-20)

(1)

Generally. A nonconforming use is any use on real property that was lawfully established under the applicable City or county land use regulations at the time the use was established, but which use is no longer allowed due to the adoption of, or amendment to, the City's land use regulations, or annexation of the property into the City. A nonconforming use may be continued on the real property until terminated as provided in this Chapter, provided it conforms to the requirements of this Chapter.

(2)

Ordinary Repairs and Maintenance. Except as otherwise provided in this Chapter, buildings and structures occupied by nonconforming uses may be repaired and maintained.

(3)

Alteration or Enlargement of Nonconforming Use Prohibited.

(a)

A nonconforming use of land may be continued, but not altered or enlarged, except:

(i)

Improvements to required paving, landscaping, or other aesthetic improvements to the premises; and

(ii)

Aesthetic changes to the external dimensions of the building;

(b)

Notwithstanding subsection (a), the following nonconforming uses may be altered or enlarged:

(i)

Warehouse and distribution center uses existing on April 12, 2000 in the Manufacturing Park District;

(ii)

The Winona Cemetery (9900 SW Tualatin Road);

(iii)

The PGE Substation (6280 SW Borland Road);

(iv)

The Stafford Hills Racquet and Fitness Club (5916 SW Nyberg Lane); and

(v)

Conditional uses located in the RL Planning District that obtained conditional use approval before January 13, 2011.

(4)

Changing Location of Nonconforming Use Prohibited. A nonconforming use cannot be moved, in whole or in part, from one lot to another lot, except as to bring the use into conformance with this Code.

(5)

Termination of a Nonconforming Use.

(a)

A nonconforming use is deemed terminated when:

(i)

A nonconforming use of land is discontinued for more than 12 months;

(ii)

A nonconforming use dependent upon a building or structure is declared a "dangerous building" pursuant to TMC Chapter 4-03 or the state building code. Termination of the use is effective upon the date the order declaring the building or structure a dangerous building becomes final; or

(iii)

A nonconforming use dependent upon a building or structure is destroyed or damaged by any cause to an extent requiring the discontinuance of the use for more than six months while making repairs. Termination of the use is effective upon the date of the damage or destruction.

(b)

Once a nonconforming use is terminated, any subsequent use of the subject lot must conform to the current standards and criteria of this Code. After a nonconforming use is terminated, the use must not be allowed to resume, in whole or in part, under the same or different ownership or management.

(6)

Reinstatement of Nonconforming Use. A nonconforming use that was terminated may only be reinstated as provided in TDC 33.060.

(Ord. 1414-18; 12-10-18)

(1)

Generally. A nonconforming development is any development which met the applicable City or County development standards imposed at the time the development was constructed, but which no longer complies with development standards due to the adoption of, or amendment to, the City's land use regulations, or annexation of the property into the City. A nonconforming development may be continued until the development's nonconforming status is terminated as provided in this Chapter provided it conforms to the requirements of this Chapter. Examples of nonconforming developments, include but are not limited, nonconformity by reason of restrictions on lot area, lot coverage, location on a lot, setbacks, height, yard, equipment, access, parking, landscaping, or other physical restriction, or requirement.

(2)

Ordinary Repairs and Maintenance. Except as provided by this Chapter, nonconforming developments may be repaired and maintained.

(3)

Alteration or Enlargement of Nonconforming Development Prohibited.

(a)

A nonconforming development may be continued, but not altered or enlarged, except:

(i)

aesthetic changes to the external dimensions of the building;

(ii)

A development conforming as to use but nonconforming as to setback or yard requirements may be altered or enlarged, providing the alteration or enlargement does not result in a violation of the change to setback or yard requirements.

(iii)

A nonconforming development may be altered or enlarged when such alteration or enlargement will bring the development or use into conformity with the Planning District Standards for the property.

(b)

Notwithstanding subsection (a), the following nonconforming developments may be altered or enlarged:

(i)

Warehouse and distribution centers existing on April 12, 2000 in the Manufacturing Park District;

(ii)

The Winona Cemetery (9900 SW Tualatin Road);

(iii)

The PGE Substation (6280 SW Borland Road);

(iv)

The Stafford Hills Racquet and Fitness Club (5916 SW Nyberg Lane); and

(v)

Conditional uses located in the RL Planning District that obtained conditional use approval before January 13, 2011.

(4)

Termination of Nonconforming Development.

(a)

A nonconforming development is deemed terminated if:

(i)

A nonconforming development is declared a "dangerous building" pursuant to TMC Chapter 4-03 or the state building code. Termination of the nonconforming development is effective upon the date the order declaring the development a dangerous building becomes final; and

(ii)

If a nonconforming development is destroyed or damaged by any cause to an extent requiring the discontinuance of the development for more than six months while making repairs. Termination of the nonconforming development is effective upon the date of the damage or destruction.

(b)

Once a nonconforming development is terminated the development must be removed or any subsequent development of the subject lot must conform to the current standards and criteria of this Code.

(5)

Reinstatement of Nonconforming Development. A nonconforming development that was terminated may only be reinstated as provided in TDC 33.060.

(Ord. 1414-18; 12-10-18)

(1)

Generally. A nonconforming lot is a legal lot or lot of record that met the minimum area or lot dimension at the time the lot was created, but which do not meet the dimension or area standards of the zoning district in which the property is located.

(2)

Ordinary Repairs and Maintenance. Except as otherwise provided in this Chapter, buildings and structures located on nonconforming lots may be repaired and maintained.

(3)

Use of Nonconforming Lot. A nonconforming lot may be occupied by a use permitted in the zone in which the property is located, subject to other requirements of the zone.

(Ord. 1414-18; 12-10-18)

(1)

Generally. A nonconforming sign is a lawfully erected sign including existing signs legally erected prior to May 13, 1992, either in the City or in those portions of Washington or Clackamas Counties which were annexed to the City after erection of the sign and do not comply with the provisions of the Tualatin Development Code, are nonconforming signs. They are allowed to remain provided they comply with the provisions of this Section.

(2)

Ordinary Repairs and Maintenance. To retain nonconforming sign status, nonconforming signs must not be structurally altered. The sign face or the copy on the sign face, or both, may be changed after first obtaining a sign permit. Sign maintenance and repair are required and may occur without first obtaining a sign permit.

(3)

Alteration or Enlargement of Nonconforming Signs Prohibited.

(a)

A nonconforming sign in a former Freeway Oriented Activity Area or in a CC or CG Planning District may be continued, but not structurally altered or enlarged, except when the sign height, sign face height and sign face area are reduced by a minimum of 25 percent of the nonconforming dimension or area and a minimum of two Sign Design Elements—Structure & Site and Sign Design—Sign Exterior of TDC 38.075 are incorporated into the sign.

(b)

A nonconforming sign in a ML or MG Planning District may be continued, but not structurally altered or enlarged, except where a nonconforming pole sign's total sign height and sign face area are reduced to no higher than 15 feet and no greater than 40 square feet, respectively.

(4)

Termination of Nonconforming Sign.

(a)

A nonconforming sign is deemed terminated if one of the following occurs:

(i)

A nonconforming sign is relocated from one location to another on the same tax lot or to a different tax lot;

(ii)

The use on the tax lot where a Freeway Oriented Activity Sign is located is changed;

(iii)

A nonconforming sign's structure, including but not limited to the support elements or framework, is changed, except as allowed in TDC 35.200(3) and in the ML and MG Districts;

(iv)

A nonconforming sign is damaged by an act of God, including but not limited to wind, earthquake, floodwater, to the extent that the sign contractor's estimated cost of the repair exceeds by more than 75 percent the original cost of the sign or the cost of the most recent renovation to the sign, whichever is greater. The original cost or cost of the most recent renovation must be determined by sign value information submitted at the time a sign permit was issued. If such information was not submitted, the property owner or other person having such information must submit documentation showing the cost; or

(v)

A sign permit is issued for a new conforming sign on the same property or on abutting property under the same ownership containing a nonconforming sign of the same type as the one for which the sign permit is issued. A "sign of the same type" means a freestanding pole or monument sign for a freestanding pole or monument sign or a wall sign for a wall sign. Before a new conforming sign is constructed all nonconforming signs of the same type, on the same property or on abutting property under the same ownership must be brought into conformance or meet the sign transition provisions of TDC 35.200(3).

(5)

Permits for Nonconforming Signs. The City Manager must issue a sign permit for a new conforming sign provided the following condition of approval, or condition with words to the same effect, is stated on the permit:

(a)

"A nonconforming sign of the same type for which this sign permit is issued and located on the same property or on abutting property under the same ownership must be brought into conformance prior to erecting the new conforming sign approved by this sign permit;" and

(b)

The condition must be met by removing the nonconforming sign before construction begins, including but not limited to grading, on the new conforming sign.

(6)

Prior Variances. Signs for which variances were granted prior to May 13, 1992 may remain provided the provisions of the variance approval are met.

(Ord. 1414-18; 12-10-18)

(1)

Generally. Wireless communication facilities (WCFs) that have received land use approvals from the City as meeting the provisions of the Tualatin Development Code (TDC) at the time, but do not comply with the TDC because it was amended, are nonconforming WCF's. Additionally, wireless communication facilities that no longer comply with development standards due to the adoption of, or amendment to, the City's land use regulations, or annexation of the property into the City.

(2)

Alternation or Enlargement of Wireless Communication Facilities Prohibited. A nonconforming WCF is allowed to remain, but must not be altered or enlarged, except for the following:

(a)

Height Increases. If the alteration or enlargement increases the height by less than ten percent or ten feet, whichever is greater. Changes in height are not cumulative;

(b)

Width Increases. If the alteration or enlargement protrudes less than six feet from the edge of the support structure;

(c)

Equipment Cabinets. Installing less than the standard number of new equipment cabinets, but not to exceed 4, provided installing of any new cabinets where none exist, or where such cabinets are ten percent or more larger than existing cabinets is not allowed; and

(d)

Excavation. Any excavation or deployment outside the current site of the tower or base station.

(Ord. 1414-18; 12-10-18)