Chapter 19.530
NONCONFORMING USES AND DEVELOPMENTS

Sections:

19.530.010    Nonconforming uses.

19.530.020    Nonconforming development.

19.530.010 Nonconforming uses.

A lawfully established use of land that no longer applies with this code may be continued provided the use otherwise remains lawful.

A. Expansion. A nonconforming use may not be enlarged, increased or extended to occupy a greater area of land or space than was occupied at the effective date of adoption or amendment of this code that resulted in the use becoming nonconforming. No additional structure, building or sign shall be constructed on the lot in connection with such nonconforming use of land.

1. Exception. A nonconforming use may be altered, expanded, or replaced when necessary to comply with state or federal health or safety requirements. The expansion shall be the minimum necessary to comply with the state or federal health or safety requirement.

B. Location. No such nonconforming use shall be moved in whole or in part to any portion of the lot other than that occupied by such use at the effective date of adoption or amendment of this code.

C. Discontinuation or Abandonment. The nonconforming use of land is not discontinued for any reason for a period of more than 12 months. For purposes of calculating the 12-month period, a use is discontinued or abandoned upon the occurrence of the first of any of the following events:

1. On the date when the use of land is physically vacated;

2. On the date the use ceases to be actively involved in the sale of merchandise or the provision of services;

3. On the date of termination of any lease or contract under which the nonconforming use has occupied the land; or

4. On the date a request for final reading of water and power meters is made to the applicable utility districts.

D. Application of Code Criteria and Standards. If the use is discontinued or abandoned for any reason for a period of more than 12 months, any subsequent use of land shall conform to the applicable standards and criteria specified by this code for the land use district in which such land is located. (Ord. 3-2022 § 1 (Att. A); Ord. 6-2001 § 1)

19.530.020 Nonconforming development.

Where a structure exists at the effective date of adoption or amendment of this title that could not be built under the terms of this title by reason of restrictions on lot area, lot coverage, height, yard, equipment, its location on the lot or other requirements concerning the structure; and the structure was lawful when constructed, the structure may remain on the site so long as it remains otherwise lawful, subject to the following provisions:

A. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity; but any structure or portion thereof may be enlarged up to 10 percent, or altered in a way that satisfies the current requirements of the development code or will decrease its nonconformity;

B. Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent more than 75 percent of its current value as assessed by the Multnomah County assessor, it shall be reconstructed only in conformity with the development code; and

C. Should such structure be moved for any reason and by any distance, it shall thereafter conform to the regulations of the development code. (Ord. 6-2001 § 1)