Chapter 17-1.4 provides standards and procedures for the continuation of uses and developments that are lawfully established but do not comply with current Code standards ("nonconforming situations"). The Code is intended to protect public health, safety, and general welfare, while allowing reasonable use of private property. The chapter contains three sections, as follows:
A. 
Nonconforming uses (e.g., industrial use in residential zone) are subject to Section 17-1.4.020.
B. 
Nonconforming developments (e.g., structure does not meet setback or height standards) are subject to Section 17-1.4.030.
C. 
Nonconforming lots (e.g., lot is smaller than minimum area standard) are subject to Section 17-1.4.040.
(Ord. 2017-08 §1)
Where a use of land exists that would not be permitted under the current Code, but was lawful at the time it was established, the use may continue, provided it conforms to the following requirements:
A. 
Expansion of Nonconforming Use Limited. Expansion of a nonconforming use shall not exceed 35 percent of the subject site or building, and not more than 2,500 square feet of building area (footprint or floor area), cumulatively, whichever is less, that existed as of November 10, 2017. Where an expansion is proposed, consistent with this section, a Conditional Use Permit shall be required, under Chapter 17-4.4.
B. 
Location of Nonconforming Use. A nonconforming use shall not be moved in whole or in part from one lot to another lot, except as to bring the use into conformance with this Code.
C. 
Discontinuation or Abandonment of Nonconforming Use. Except as provided by subsection E. A nonconforming use that is discontinued for any reason, other than fire or other catastrophe beyond the owner's control, for a period of more than 12 months shall be deemed abandoned and shall no longer be an allowed use. For purposes of calculating the 12-month period, a use is discontinued when:
1. 
The use of land is physically vacated;
2. 
The use ceases to be actively involved in the sale of merchandise or the provision of services; for example, as evidenced by the removal of signs, goods, stock, or office equipment, or the disconnection of telephone or utility service;
3. 
Any lease or contract under which the nonconforming use has occupied the land is terminated;
4. 
A request for final reading of water and power meters is made to the applicable utility districts;
5. 
The owner's utility bill or property tax bill account became delinquent; or
6. 
An event occurs similar to those listed in subsections C.1 through 5, as determined by the Planning Commission.
D. 
Application of Code Criteria and Standards to Nonconforming Use. Once the City deems a use abandoned pursuant to subsection C, any subsequent use of the subject lot shall conform to the current standards and criteria of this Code. After the City has deemed a nonconforming use abandoned, the use shall not be allowed to resume, in whole or in part, under the same or different ownership or management; any such activity is a violation of this Code and subject to enforcement proceedings under Chapter 17-1.6. Residential uses in Commercial zones are exempt from this section.
E. 
Extension of Nonconforming Status for Discontinued Use. Notwithstanding the provisions of subsection C, a nonconforming use that is discontinued shall not be considered abandoned where, through a Type III procedure, the Planning Commission approves an extension for repair, including as applicable ongoing, active renovation and efforts to lease the subject property. The owner must request the extension within the six-month period of discontinuance.
(Ord. 2017-08 §1)
Section 17-1.4.030 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. 
Alterations. Any expansion of a nonconforming development shall not exceed 50 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 November 10, 2017. Expansion of a nonconforming use requires approval of a Conditional Use Permit under Chapter 17-4.4. A nonconforming development shall not be enlarged or altered in a way that increases its nonconformity by more than 50 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 Clackamas 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 Section 17-1.4.020. This section does not apply to the R-5 Historic Residential district.
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. 2017-08 §1)
A legal lot or lot of record, as provided by Chapter 17-1.3, 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.
(Ord. 2017-08 §1)