Zoneomics Logo
search icon

Waldport City Zoning Code

CHAPTER 16

88 Nonconforming Uses

16.88.010 Definitions

As used in this section:
"Non-Conforming Use" means the use of any building, structure or land which was lawful at the time of the enactment of any zoning ordinance, regulation or amendment thereto, and is not permitted by the zoning ordinance, regulation or amendment.
"Alteration" of a non-conforming use or structure means:

  1. A change in the use, or
  2. A change in the structure or physical improvements which does not constitute normal maintenance. "Normal maintenance" means activities necessary to maintain a non-conforming use or associated physical improvements in good repair, and may include painting, siding, roofing, dry rot repair, window replacement, repaving of access roads, replacement of landscape elements, and similar activities. Normal maintenance does not include significant change in use or structural alterations or additions.

16.88.020 Continuation

Non-conforming uses may be continued. Changes in ownership, control or occupancy shall be permitted. Normal maintenance shall be permitted. Continuation of a non-conforming use shall be limited to the existing lot(s) or parcel(s) upon which the use is established. Expansion to other lots or parcels is an alteration.

16.88.030 Alteration

  1. Alteration of a non-conforming use shall be permitted when necessary to comply with any lawful requirement for alteration in the use or structure. No conditions may be imposed upon any alteration of a non-conforming use necessary to comply with a lawful requirement.
  2. Alteration of a non-conforming use not required by law may be permitted subject to:
    1. Application and review pursuant to Sections 16.84.020 and 16.108.020(B) of this title;
    2. A finding that the proposed alteration will be of no greater adverse impact to the neighborhood; and
    3. Any conditions or limitations imposed by the Planning Commission necessary to assure that the alteration will be of no greater adverse impact to the neighborhood.
  3. Notwithstanding the above, the replacement of a non-conforming single-wide manufactured home may be approved administratively following the process in Section 16.108.020(A) of this title, provided the replacement dwelling meets all requirements contained in this Code.

16.88.040 Restoration And Replacement

Restoration or replacement of any non-conforming use shall be permitted when made necessary by fire, other casualty or natural disaster, and shall be commenced within one year from the occurrence of the fire, casualty or natural disaster. For purposes of this provision, "commenced" means that application has been made for building permits required for restoration, or that the non-conforming use has been resumed if no such approvals are required. Restoration or replacement of a non-conforming use under this provision shall be limited to re-establishment of the use and physical improvements as lawfully established prior to the fire or other casualty or natural disaster.

16.88.050 Interruption And Abandonment

A non-conforming use interrupted or abandoned for a period of more than one (1) year may not be resumed.