Chapter 5.2
NONCONFORMING USES AND DEVELOPMENTS

Sections:

5.2.100    Nonconforming Uses.

5.2.200    Nonconforming Structures.

5.2.100 Nonconforming Uses.

Where, at the time of adoption of this code, a use of land exists that would not be permitted by the regulations imposed by this code and was lawful at the time it was established, the use may be continued as long as it remains otherwise lawful, provided:

A.    Expansion Prohibited. No such nonconforming use can 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. No additional structure, building or sign can be constructed on the lot in connection with such nonconforming use of land.

B.    Location. No such nonconforming use can be moved in whole or in part to any portion of its lot, or any other lot, other than that occupied by such use at the effective date of adoption or amendment of this code, unless such move would bring the use into conformance with this code.

C.    Discontinuation or Abandonment. The nonconforming use of land must not be 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 the land must conform to the applicable standards and criteria specified by this code for the land use district in which such land is located.

E.    Nonconforming street access connections that exist prior to the adoption of this code and that do not conform with standards in BDC Chapter 3.1 must be brought into compliance when the following conditions exist:

1.    When a new access permit is requested for the subject property;

2.    When a building permit or land use application is submitted that results in an increase of trip generation by 20 percent or 100 average daily trips (ADT);

3.    When the structure being served by the nonconforming street access is demolished or destroyed by any means to an extent more than 80 percent of its current assessed value or where at least 80 percent of the structure’s square footage is removed or destroyed; or

4.    When the property is subject to site plan review, a land division or a conditional use permit.

[Ord. NS-2353, 2019; Ord. NS-2016, 2006]

5.2.200 Nonconforming Structures.

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 code 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.    Alteration.

1.    If an applicant proposes to reduce the nonconformity of the structure, the application must be reviewed using the applicable review process in BDC Chapter 4.2, Minimum Development Standards Review, Site Plan Review and Design Review.

B.    Reconstruction after Destruction. Should a nonconforming structure or the nonconforming portion of a structure be destroyed by any means to an extent more than 80 percent of its current assessed value or where at least 80 percent of the structure’s square footage is destroyed, it must be reconstructed only in conformity with all of the Development Code.

C.    Location. Should such development be moved for any reason and by any distance, either within or outside the site on which it was established, it must thereafter conform to all of the regulations of the Bend Development Code. [Ord. NS-2353, 2019; Ord. NS-2016, 2006]