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City of Newport
City of Newport Zoning Ordinance
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§ 17.72.030

Alteration to nonconforming development

  • A. Nothing in this zoning code shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by decree of any official charged with protecting the public safety, provided that such work does not increase the nonconformity thereof. Nothing in this zoning code shall be deemed to prohibit ordinary repair and maintenance of a nonconforming structure or replacement of existing materials, provided that such work does not increase the nonconformity thereof.

  • B. No nonconforming use of land shall be moved to another part of a lot or outside the lot, and no nonconforming use of a building shall be moved or extended to any other part of the building not expressly arranged and designed for such use at the time the use became nonconforming, and no building containing a nonconforming use shall be moved, unless the result of such move is to end the nonconformity. No nonconforming building shall be moved, unless the result of such moving is to reduce or eliminate its nonconformity.

  • C. Nonconforming by Use. No nonconforming use of land or nonconforming use of a structure shall be changed except to a conforming use or structure. No nonconforming use of land or nonconforming use of a structure, if once changed to conform, shall thereafter be changed so as to be nonconforming by use again.

  • D. Dimensionally Nonconforming—Alteration to dimensionally nonconforming structures that otherwise conform to the use regulations of the zoning district shall be allowed as a matter of right if the alteration in and of itself: (1) conforms to the current dimensional requirements of the zoning district in which the property is located; and (2) does not increase or intensify the element(s) of the dimensional nonconformity.

  • E. A structure which is nonconforming by lot coverage, but the use of which is a use permitted by right in the district in which the land or structure is located, shall only be altered, changed, enlarged or subject to addition or intensification by obtaining a variance from the zoning board of review or, if applicable pursuant to unified development review the planning board.

  • F. A use established by variance or special use permit shall not acquire the rights of this section.

(Ord. 2005-11 § 1, 2005; Ord. 2004-44 § 1, (part), 2004; Ord. 2000-4 (part), 2000: Ord. 65-94 (part), 1994: prior code § 1260.11)

(Ord. No. 2023-36, § 1, 12-13-2023; Ord. No. 2024-17, § 1, 7-24-2024; Ord. No. 2025-25, § 1, 3-26-2025)