Chapter 17.60
NONCONFORMING SITUATIONS
Sections:
17.60.030 Nonconforming development.
17.60.010 Purpose.
This chapter contains standards and procedures for the continuation of uses that are lawfully established but do not comply with current ordinance standards (“nonconforming situations”). This chapter is intended to protect public health, safety, and general welfare, while allowing reasonable use of private property. Nonconforming situations are not necessarily considered a negative influence on a neighborhood; rather the benefits of continuing a nonconformity should be weighed against impacts to the neighborhood. The chapter contains three sections, as follows:
A. Nonconforming uses (e.g., residential dwellings in a commercial zone) are subject to RRMC 17.60.020;
B. Nonconforming developments (e.g., structure does not meet setback or height standards) are subject to RRMC 17.60.030;
C. Nonconforming lots (e.g., lot is smaller than minimum area standard) are subject to RRMC 17.60.040. [Ord. 23-418-O § 124 (Exh. A-4)].
17.60.020 Nonconforming uses.
A use lawfully occupying a structure or site on the effective date of the ordinance codified in this chapter or of amendments thereto, which does not conform to the use regulations for the district in which it is located, shall be deemed to be a nonconforming use and may be continued, subject to the following regulations:
A. Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming.
B. No structure the use of which is nonconforming shall be moved, altered, or enlarged unless required by law or unless the moving, alteration or enlargement will result in the elimination of the nonconforming uses.
C. No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.
D. The planning commission may grant an application for a change of use filed in accordance with Chapter 17.100 RRMC if, on the basis of the application and the evidence submitted, it makes the following findings:
1. That the proposed use is classified in a more restricted category than the existing or preexisting use of the district regulations of this title. The classification of a nonconforming use shall be determined on the basis of the district in which it is first permitted; provided, that a conditional use shall be deemed to be in a less restricted category than a permitted use in the same district.
2. That the proposed use will not more adversely affect the character of the district in which it is proposed to be located than the existing or preexisting use.
3. That the change of use will not result in the enlargement of the space occupied by a nonconforming use, except that a nonconforming use of a building may be extended throughout parts of a building which were manifestly designed or arranged for such use prior to the date when such use of the building became nonconforming; provided, that no structural alterations except those required by law are made therein.
E. For the purposes of calculating the six-month period of abandonment, a use shall be viewed as 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.
F. If a nonconforming use has been changed to conforming use, or if the nonconforming use of a building, structure or premises ceases for a period of six months or more, said use shall be considered abandoned, and said building, structure or premises shall thereafter be used only for uses permitted as a matter of right or as a conditional use in the district in which it is located.
G. Nothing contained in this chapter shall affect or restrict the continued use and operation of any farm or farm use existing on the effective date of the ordinance codified in this chapter. The requirements of subsection (F) of this section with respect to a period of six months or more shall be increased to a period of two years for farm uses.
H. If a structure containing a nonconforming use is destroyed by any cause to an extent exceeding 50 percent of the appraised value as determined by FEMA’s flood damage assessment methodology, a future structure or use on the property shall conform to the regulations for the district in which it is located.
I. A residence located in a commercial zone or industrial zone that is destroyed by accidental means may be rebuilt within one year from the date of destruction, with the possibility of a six-month extension. This extension shall be approved by the Rogue River planning commission. This does not include an intentional destruction.
J. Nothing contained in this chapter shall require any change in the plans, construction, alteration, or designated use of a structure for which a valid building permit exists prior to the adoption of the ordinance codified in this chapter and subsequent amendments thereto, except that if the designated use will be nonconforming, it shall, for the purpose of subsection (E) of this section, be a discontinued use if not in operation within two years of the date of issuance of the building permit. [Ord. 23-418-O § 124 (Exh. A-4)].
17.60.030 Nonconforming development.
This section regulates nonconforming development. “Nonconforming development” includes situations where a development exists on the effective date of adoption or amendment of this code that could not be built under the terms of the code today, for example, 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. If the development was lawful when constructed, it may remain on the site so long as it remains otherwise lawful and complies with the following regulations:
A. Any expansion of a nonconforming development shall not exceed 25 percent of the subject building area or development area, as applicable; for example, such area may include floor area or other surface area, paving, parking spaces, landscaping, outdoor storage, signage, lighting, or other developed areas that existed as of 2023. Expansion of a nonconforming use requires approval of a conditional use permit under Chapter 17.100 RRMC. A nonconforming development shall not be enlarged or altered in a way that increases its nonconformity by more than 25 percent. Approval of a variance is required to increase a development’s nonconformity, and not more than one such variance shall be approved to expand the same development. A development or portion thereof may be enlarged or altered in a way that satisfies the current requirements of this code or moves in the direction of conformity.
B. Destruction. Should a nonconforming development or nonconforming portion of a development be destroyed by any means to an extent more than 50 percent of its current value as assessed by the Jackson County assessor, it shall be reconstructed only in full conformity with this code. This does not preclude the reestablishment of a nonconforming use after fire or other catastrophe as allowed under RRMC 17.60.020(H) and (I).
C. Roadway Access. The owner of a nonconforming driveway approach or access to a public street or highway, upon receiving land use or development approval, may be required as a condition of approval to bring the nonconforming access into conformance with the standards of the applicable roadway authority.
D. Relocation or Removal. Once a nonconforming structure or a portion of a nonconforming structure or development is moved it shall thereafter conform to current code standards. [Ord. 23-418-O § 124 (Exh. A-4)].
17.60.040 Nonconforming lot.
A legal lot or lot of record, with an area or dimensions that do not meet the standards of the zoning district in which the property is located, may be occupied by a use permitted in the zone, subject to other requirements of the zone. If a residentially zoned lot fails to meet the minimum lot size requirements, the permitted residential use shall be limited to only a single-family dwelling. [Ord. 23-418-O § 124 (Exh. A-4)].