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Yamhill City Zoning Code

CHAPTER 10

88 NONCONFORMING BUILDINGS AND USES

§ 10.88.010 Nonconforming Use of Buildings and Land.

The lawful use of a building or land existing on the effective date of the ordinance codified in this Title may be continued although such does not conform to the regulations specified for the area in which the land or building is located.
(Ord. 454 §2, 2000)

§ 10.88.020 Maintenance, Alteration and Extension of Nonconforming Use.

A nonconforming structure or use may be continued, maintained, altered, or extended subject to the following conditions:
Before enlargement, extension or expansion of the use of a nonconforming building is permitted which does not conform to regulations of the zone in which the use is located the approval of the Planning Commission is required as set forth in Chapter 10.100, Variances.
(Ord. 454 §2, 2000)

§ 10.88.030 Change of Use.

If a nonconforming use is replaced by another use, the new use shall conform to this Title. Replacement of a nonconforming use by a use in the same land use category, shall not be considered a change of use.
(Ord. 454 §2, 2000)

§ 10.88.040 Destruction of Nonconforming Use.

If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent exceeding 50% of its fair market value as indicated by the records of the County Assessor, the future structure or use on the site shall conform to this Title, unless the structure is replaced and the use is re-established within six months of the date of destruction.
(Ord. 454 §2, 2000)

§ 10.88.050 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 nonconformance and remains otherwise lawful.
(Ord. 454 §2, 2000)

§ 10.88.060 Cessation of Nonconforming Use of Building and Land.

If the actual operation of a nonconforming use of a building or land ceases for a period of 60 days, such building and/or land shall be subject to all the regulations specified by this Title for the zone in which such building or land is located. Notification of cessation of nonconforming use shall be served by the City and shall begin the date of cessation of nonconforming use regardless of the date of notice by the City.
(Ord. 454 §2, 2000)

§ 10.88.070 Conditional Uses Are Not Nonconforming Uses.

Any use which is permitted as a conditional use as provided in this Title shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use, qualified with such conditions as the Planning Commission has required.
(Ord. 454 §2, 2000)