NONCONFORMING BUILDINGS AND USES
114.010 Nonconforming Use of Land
114.020 Nonconforming Use of a Building
114.040 Nonconforming Lots of Record
114.050 Cessation of Nonconforming Use of Building and Land
114.060 Repair to Nonconforming Structures
114.070 Destruction of Nonconforming Structures
114.080 Enlargement or Extension to Nonconforming Buildings
114.085 Improvements or Additions to Nonconforming Residential Structures
114.090 Extension of Nonconforming Use Throughout a Building
114.100 Change of Nonconforming Use
114.110 Conditional Uses are not Nonconforming Uses
114.120 Effect of Change of Zones
114.130 Repeal of Former Ordinance Does Not Change Nonconforming Status
114.140 Variance (and Local Option) Uses May Continue
114.150 Expansion of Nonconforming Uses
114.010 NONCONFORMING USE OF LAND. The lawful use of land existing on the effective date of this ordinance, although such use does not conform to the regulations specified for the zone in which such land is situated, may be continued, provided that no such use shall be enlarged or increased, or be extended to occupy a greater area than that occupied by such use at the time of the passage of this ordinance, and if any such use ceases, as hereinafter provided, subsequent use of such land shall be in conformity with the regulations specified in this ordinance for the zone in which such land is situated.
114.020 NONCONFORMING USE OF A BUILDING. The lawful use of a building existing on the effective date of this ordinance may be continued although such building or the use made thereof does not conform to the regulations specified for the zone in which such building is located.
114.040 NONCONFORMING LOTS OF RECORD. Notwithstanding Section 110.680, supra. and Chapter 172, those lots or parcels that were not created in conformance with the applicable laws and regulations pertaining to division of land at the time they were created, but meet all of the following standards will be considered nonconforming legal lots.
(a) Prior to January 5, 2000, a lot or parcel created between August 8, 1962 and September 1, 1977, that has been transferred by a recorded deed or contract into an ownership separate from the lot or parcel from which it was separated and has remained in separate ownership since that transfer; and
(b) The subject lot or parcel has not been combined with a contiguous lot or parcel by a recorded deed or contract; and
(c) There is no record of a land use action or building permit issued based upon or requiring combination of the lot or parcel with contiguous lot(s) or parcel(s) for land use purposes, and there is no record of a land use decision denying a partition..
114.050 CESSATION OF NONCONFORMING USE OF BUILDING AND LAND. If the actual operation of a nonconforming use of a building ceases for a continuous period of 1 year, such building and the land on which it is located shall then be subject to all the regulations, except required setback and off-street parking specified in this ordinance for the zone in which such land and building is situated. In case the nonconforming use of land where no building is involved ceases for a period of 30 days, then such land shall be subject to all the regulations specified for the zone in which the land was located.
114.060 REPAIR TO NONCONFORMING STRUCTURES. A nonconforming structure may be repaired and maintained so long as any such repair or maintenance does not in any way increase its nonconformity and it remains otherwise lawful.
114.070 DESTRUCTION OF NONCONFORMING STRUCTURES.
(a) In case any lawful nonconforming building is damaged or destroyed by fire, explosion, an act of God, or an act of a public enemy or by any other cause, to the extent that the total deterioration exceeds 60% of the cost of replacement of the building, based on the County Assessor’s Office’s current evaluation of the structure, using new materials, the land and building shall be subject to all the regulations specified by this ordinance for the zone in which such land and buildings are located.
(b) When it is permissible to rebuild or repair a nonconforming use building which is partially destroyed, the rebuilding thereof shall commence within 1 year if the new building is to be used for the same use as was made of the old building.
(c) A maximum of 6 months shall be allowed for completion of the exterior of any reconstruction.
114.080 ENLARGEMENT OR EXTENSION OF NONCONFORMING BUILDINGS. A nonconforming building may be enlarged, extended, or structurally altered provided such enlargement, extension or structural alteration itself conforms in all respects to the regulations specified by this ordinance for the zone in which such building is located, but otherwise it shall be unlawful to enlarge, extend or structurally alter any nonconforming building. For buildings where the structure is nonconforming for property line setback only, a one-time expansion is allowed that extends the linear setback non-conformance no more than 10%, or not more than 10 feet, which ever is greater.
114.085 IMPROVEMENTS OR ADDITIONS TO NONCONFORMING RESIDENTIAL STRUCTURES. Additions and improvements may be made to nonconforming residential structures located in industrial zones, provided such additions comply with the regulations specified by the Marion County ordinance for the RS zone.
114.090 EXTENSION OF NONCONFORMING USE THROUGHOUT A BUILDING. A nonconforming use of a portion of a building may be extended throughout the entire building provided that such extension be approved by the Director, Planning Commission or Hearings Officer after proceedings are had as in this ordinance provided for variances and adjustments.
114.100 CHANGE OF NONCONFORMING USE. The nonconforming use of a building may be changed to a use of the same or more restricted nature when such change of use is approved by the Director, Planning Commission or Hearings Officer after proceedings are had as in this ordinance provided for variances and adjustments.
114.110 CONDITIONAL USES ARE NOT NONCONFORMING USES. Any use which is permitted as a conditional use as provided in this ordinance shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use, qualified with such conditions as the Director, Planning Commission or Hearings Officer has required.
114.120 EFFECT OF CHANGE OF ZONES. Whenever any premises are reclassified or changed from one zone to another, the provisions of this ordinance dealing with nonconforming uses and buildings shall apply to any use or building in the area reclassified or changed from one zone to another.
114.130 REPEAL OF FORMER ORDINANCE DOES NOT CHANGE NONCONFORM-
ING STATUS. Any use conducted or established, or any building or structure erected or maintained at and before the effective date of this ordinance in violation of any planning or zoning ordinance then in effect, which use, building or structure, or the establishment, erection, or maintenance whereof is also unlawful under this ordinance, shall not be classified as a nonconforming use by virtue of the repeal of any such former ordinance; and continuation of any such use, building or structure shall constitute a violation of this ordinance.
114.140 VARIANCE USES MAY CONTINUE. Any use or building heretofore lawfully established or erected pursuant to the variance provisions of any ordinance (except that those buildings or uses which were established as permitted variances by said ordinance shall be considered as conditional uses and shall be maintained in the manner prescribed for conditional uses in Section 119.010 to 119.070) may continue to be used and may continue to be maintained as heretofore authorized, even though the ordinance authorizing the same, or pursuant to which ordinance such use or building was established or erected, has since been repealed notwithstanding the fact that such variance, local option use or building is not permitted under the terms of the present ordinance; provided, however, such use shall not be changed unless the change be made to a use permitted under this ordinance.
For purposes of verifying a non-conforming use, an applicant may not be required to provide verification to prove the existence, continuity, nature and extent of the use for a period exceeding 20 years immediately preceding the date of application.
114.150 EXPANSION OF NONCONFORMING USES. A nonconforming use may be enlarged, expanded, or extended when such expansion is solely required by either legislative or economic market demands for the goods, products, or services provided, and such enlargement, expansion or extension is approved by the Planning Commission, Hearings Officer, or Planning Director through the variance proceedings set forth in Chapter 122 of the Zone Code. Any approval by the Planning Commission, Hearings Officer, or Planning Director of an application for the enlargement, expansion or extension of a nonconforming use shall be allowed only after findings are made which reflect the following considerations:
(a) The intent and purpose of the zoning or zone change which caused the subject use to become nonconforming;
(b) Adverse impact of the expansion of the nonconforming use on the interests sought to be protected by the zone in which the subject property is located;
(c) The availability, including economic factors, of other property where the subject use would be a conforming and permitted use;
(d) The availability of other appropriate remedies, including but not limited to a zone change;
(e) The applicant's satisfaction of the criteria required for a variance.
The approval of an application under this section does not waive the status of the nonconforming use.