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 or alters the structure in a way that does not increase the nonconformity of the structure, the application must be reviewed using the applicable review process in BDC Chapter 4.2, Minimum Development Standards Review (MDS), Site Plan Review and Design Review.
B. Reconstruction after Destruction. Should a nonconforming structure or the nonconforming portion of a structure be destroyed 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-2463, 2023; Ord. NS-2389, 2020; Ord. NS-2353, 2019; Ord. NS-2016, 2006]