§ 531.30. Establishment of nonconforming rights; certificate of nonconforming use.  


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  • Any person having a legal or equitable interest in a nonconforming property may apply for a certificate of nonconforming use by complying with the procedure set forth in this section. Upon issuance, a certificate of nonconforming use shall be evidence that the use or structure designated therein is a legal nonconforming use or structure at that time.

    (1)

    Application. Any person having a legal or equitable interest in land may file an application for a certificate of nonconforming use on a form approved by the zoning administrator. Application procedures for certificates of nonconforming use shall be as specified in Chapter 525, Administration and Enforcement.

    (2)

    Nonconforming structures. Where an application seeks a nonconforming use certificate to establish the legal nonconforming status of a structure only, or a use nonconforming as to parking only, and not to establish the legal nonconforming status of any use, the zoning administrator may issue or deny such certificate upon review of a certified survey, building permits, or other documentation deemed necessary or sufficient by the zoning administrator.

    a.

    Single- and two-family dwellings nonconforming as to side and rear yards only. A single- or two-family dwelling nonconforming as to side and rear yards only shall have all the rights of a conforming structure, provided the structure is located not closer than three (3) feet from the side and rear lot line, and provided further that the structure shall not be enlarged, altered or relocated in such a way as to increase its nonconformity. For the purposes of this section, the extension of a single- or two-family dwelling along the existing setback or the addition of a second story or half-story shall not be considered as increasing its nonconformity, provided the portion of the structure within the required side or rear yard comprises at least sixty (60) percent of the length of the entire structure, and provided further that the structure shall not be enlarged, altered or relocated within the required front yard and all other requirements of this zoning ordinance are met. If substantial alteration of a single- or two-family dwelling results in demolition of the structure, the entire structure shall be subject to the yard requirements applicable to a new structure, except as authorized by section 531.40 related to buildings that are damaged or destroyed.

    b.

    All other residential buildings nonconforming as to yards only. A residential building nonconforming as to yards only shall have all the rights of a conforming building, except that said building shall not be enlarged, altered, or relocated in such a way as to increase its nonconformity.

    (3)

    Nonconforming uses; notice and hearing. The board of adjustment shall hold a public hearing on each complete application for a certificate of nonconforming use as specified in Chapter 525, Administration and Enforcement. All findings and decisions of the board of adjustment concerning certificates of nonconforming use shall be final, subject to appeal to the city council as specified in Chapter 525, Administration and Enforcement.

    (4)

    Determination by board of adjustment. Following the public hearing, the board of adjustment shall determine whether the use or structure is a legal nonconforming use or structure. The burden of proof shall be on the applicant to establish the lawful nonconforming status of the use or structure and the lack of abandonment, change of use or loss under section 531.40. If the applicant does not establish the required facts, no certificate shall be issued. If the board of adjustment determines that the use or structure is a legal nonconforming use or structure, it shall direct the zoning administrator to issue a certificate of nonconforming use. The certificate shall state with particularity the type and intensity of specific use which is found to be legal. The decision of the board of adjustment may be appealed by any affected person as specified in Chapter 525, Administration and Enforcement.

(2000-Or-037, § 1, 5-19-2000; 2014-Or-057, § 1, 8-29-2014, eff. 10-1-2014)