Department of Land Conservation and Development 
635 Capitol Street, Suite 150 
Salem, OR 9730 1-2540 
(503) 373-0050 
Fax (503) 378-5518 
w w w . lc d. s tat e. or. us 
NOTICE OF ADOPTED AMENDMENT 
04/11/2011 
TO: Subscribers to Notice of Adopted Plan 
or Land Use Regulation Amendments 
FROM: Plan Amendment Program Specialist 
SUBJECT: City of Lincoln City Plan Amendment 
DLCD File Number 007-10 
The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. 
A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local 
government office. 
Appeal Procedures* 
DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Tuesday, April 26, 2011 
This amendment was submitted to DLCD for review prior to adoption with less than the required 45-day 
notice. Pursuant to ORS 197.830(2)(b) only persons who participated in the local government proceedings 
leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of 
Appeals (LUBA). 
If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals 
(LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If 
you have questions, check with the local government to determine the appeal deadline. Copies of the 
notice of intent to appeal must be served upon the local government and others who received written notice 
of the final decision from the local government. The notice of intent to appeal must be served and filed in 
the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 
503-373-1265, if you have questions about appeal procedures. 
*NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local 
government. A decision may have been mailed to you on a different date than it was mailed to 
DLCD. As a result, your appeal deadline may be earlier than the above date specified. NO LUBA 
Notification to the jurisdiction of an appeal by the deadline, this Plan Amendment is acknowledged. 
Cc: Richard Townsend, City of Lincoln City 
Gloria Gardiner, DLCD Urban Planning Specialist 
Matt Spangler, DLCD Regional Representative 
fitA 
<paa> YA 
H 2 DLCD 
Notice of Adoption 
This Form 2 must be mailed to DLCD within 5-Working Days after the Final 
Ordinance is signed by the public Official Designated by the jurisdiction 
and all other requirements of ORS 197.615 and OAR 660-018-000 
• In person • electronic Q mailed 
APR 06 2011 
Ror Office UseOnN 
Jurisdiction: City of Lincoln City Local file number: ZOA 2010-07 
Date of Adoption: February 28, 2011 Date Mailed: Apr J 5,2011 
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? [X] Yes • No Date: 09/17/10 
• Comprehensive Plan Text Amendment Ö Comprehensive Plan Map Amendment 
[X] Land Use Regulation Amendment O Zoning Map Amendment 
O New Land Use Regulation Ö Other: 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". 
Allows for restoration of substantially damaged, lawful, nonconforming structures, subject to review and 
reasonable conditions. More clearly defines terms, the concept of discontinuance, and rules regarding 
alteration, expansion, and reuse of nonconforming properties. Clarifies process by which nonconforming 
• commercial design features are brought into compliance. 
Does the Adoption differ from proposal? Please select one 
Final ordinance includes provisions regarding nonconforming site development. It also establishes an 
administrative process for restoration of substantially damaged single-family dwellings and duplexes, as well as 
a review process by the Planning Commission for multi-family and non-residential uses. 
Plan Map Changed from: n/a 
Zone Map Changed from: n/a 
Location: city-wide 
Specify Density: Previous: n/a 
Applicable statewide planning goals: 
1 2 3 4 5 6 7 8 
to: n/a 
to: n/a 
Acres Involved: n/a 
New: n/a 
9 10 11 12 13 14 15 16 17 18 19 
H K n n K H H K S K n n H K 
Was an Exception Adopted? • YES [X] NO 
Did DLCD receive a Notice of Proposed Amendment... 
45-days prior to first evidentiary hearing? 
If no, do the statewide planning goals apply? 
If no, did Emergency Circumstances require immediate adoption? 
• • • 
^ Yes • No 
• Yes • No 
• Yes • No 
DLCD file No. 007-10 (18531) [16589] 
Please list all affected State or Federal Agencies, Local Governments or Special Districts: 
Local Contact: Debra Martzahn, Senior Planner 
Address: PO Box 50 
City: Lincoln City Zip: 97367 
Phone: (541) 996-1228 Extension: 
Fax Number: 541-996-1284 
E-mail Address: dmartzahn@lincoIncity.org 
ADOPTION SUBMITTAL REQUIREMENTS 
This Form 2 must be received by DLCD no later than 5 days after the ordinance has been signed by the public 
official designated by the jurisdiction to sign the approved ordinance(s) , 
per ORS 197.615 and OAR Chapter 660. Division 18 
1. This Form 2 must be submitted by local jurisdictions only (not by applicant). 
2. When submitting the adopted amendment, please print a completed copy of Form 2 on light green 
paper if available. 
3. Send this Form 2 and one complete paper copy (documents and maps) of the adopted amendment to the 
address below. 
4. Submittal of this Notice of Adoption must include the final signed ordinance(s), all supporting finding(s), 
exhibit(s) and any other supplementary information (ORS 197.615 ). 
5. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) of adoption 
(ORS 197.830 to 197.845 ). 
6. In addition to sending the Form 2 - Notice of Adoption to DLCD, please also remember to notify persons who 
participated in the local hearing and requested notice of the final decision. (ORS 197.615 ). 
7. Submit one complete paper copy via United States Postal Service, Common Carrier or Hand 
Carried to the DLCD Salem Office and stamped with the incoming date stamp. 
8. Please mail the adopted amendment packet to: 
9. Need More Copies? Please print forms on 8/4 -1/2x11 green paper only if available. If you have any 
questions or would like assistance, please contact your DLCD regional representative or contact the DLCD 
Salem Office at (503) 373-0050 x238 or e-mail plan.amendments@state.or.us. 
ATTENTION: PLAN AMENDMENT SPECIALIST 
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 
635 CAPITOL STREET NE, SUITE 150 
SALEM, OREGON 97301-2540 
http://www.oregon.gov/LCD/forms.shtml Updated December 16, 2010 
1 
2 
•3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
ORDINANCE NO. 2011-03 
AN ORDINANCE OF THE CITY OF LINCOLN CITY AMENDING 
ORDINANCE NO. 84-2 (AS AMENDED) DEFINITIONS AND PROVISIONS 
GOVERNING NONCONFORMING USES IN LINCOLN CITY MUNICIPAL 
CODE CHAPTER 17.64 
The City Council finds: 
A. The proposed amendments to the Zoning Ordinance definitions and provisions 
governing non-conforming uses and structures are in conformance with the 
Statewide Planning Goals and Lincoln City Comprehensive Plan goals as 
addressed in attached Exhibit "A". 
B. The amendments are in conformance with the Zoning Ordinance, including, but 
not limited to, required initiation, processing and noticing requirements. 
C. The Planning Commission, on November 2, 2010 considered proposed 
amendments to this ordinance, and after a public hearing, voted to transmit them 
to the City Council with a recommendation to adopt. Since the Commission's 
meeting, staff continued to refine the language and concepts. 
D. The City duly notified the Oregon Department of Land Conservation and 
Development of its consideration of the proposed amendments. 
E. The City Council opened a public hearing on December 13, 2010 and, without 
discussion, continued it to February 14, 2011, at which time the Council 
considered the proposed amendment transmitted by the Planning Commission, as 
modified by staff. 
F. All persons were given an opportunity to provide written and/or oral testimony on 
the proposed ordinance amendments. 
THE CITY OF LINCOLN CITY ORDAINS AS FOLLOWS: 
Section 1. Lincoln City Municipal Code section 17.08.010 is amended by repealing the 
following definition: 
"Nonconforming structure or use" means a lawful existing structure or use, at the time 
this title or any amendment thereto becomes effective, which does not conform to the 
requirements of the zone in which it is located. 
Section 2. Lincoln City Municipal Code section 17.08.010 is amended by adding the 
following definitions: 
Ordinance No. 2011-03 (Non-Conforming Uses and Structures) 
Page 1 of 6 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
"Nonconforming commercial site development" means characteristics of existing 
developed properties that do not meet standards specified in LCMC Chapter 17.74, 
Commercial Design Standards, or design standards adopted for specific pearl districts, as 
applicable. 
"Nonconforming structure" means a structure that was lawful at the time of construction, 
but that presently does not conform to the provisions of the zoning district in which it is 
situated. Any existing structure, including a sign or sign structure, for which zoning 
regulations now require a conditional use permit or other permit, shall be deemed to be 
nonconforming until such a permit is secured. 
"Nonconforming use" means a use that was originally lawful, but no longer is a permitted 
use in the district in which it is situated. Any existing use for which zoning regulations 
now require a conditional use permit shall be deemed to be nonconforming, until such, a 
permit is secured. 
Section 3. Section 17.52.140 Lot size requirements - General exceptions is hereby 
repealed. 
Section 4. Lincoln City Municipal Code chapter 17.64 is repealed and replaced, as 
follows; 
17.64. Nonconforming Situations 
17.64.010. General provisions. These provisions apply to non-conforming sites, 
structures, uses, including accessory uses, commercial design standards, but not signs. 
See Chapter 17.72.90 for non-conforming sign regulations. 
A. Purpose. The purpose of this chapter is to allow nonconforming structures and 
nonconforming uses to continue, but not to encourage their perpetuation, and 
ultimately to bring them into conformance with this code and the comprehensive 
plan. 
B. Pre-existing conditional use permit or variance. A use or structure that was lawful 
by reason of a conditional use permit or variance may continue only on the terms of 
the approved permit or variance and subject to all conditions and limitations under 
which the permit or variance was approved or subsequently amended. 
C. Determination that Nonconforming Use, Site, or Structure is Lawful. 
The city may make a determination of whether a nonconforming use on a. 
particular property is lawful, if necessary for staff review of an application. 
Determination will be based on evidence submitted into the record that shows 
whether the nonconforming situation was permitted by the standards and 
regulations in existence at the time established and continued -without any period 
of discontinuance or abandonment as provided under Section 17.74. This 
determination shall be an administrative process. 
D. Restoration of a Damaged Lawful Nonconforming Structure or Use. A lawful, 
nonconforming structure or use that has been damaged may be restored to its 
previous extent, if the value of the damage, as determined by the city, is less than 
Ordinance No. 2011-03 (Non-Conforming Uses and Structures) 
Page 2 of 6 
1 50% (fifty percent) of the appraised value of the building or structure, as determined 
2 by the records of the county assessor for the year preceding destruction. 
3 E. Restoration of a Substantially Damaged Lawful, Nonconforming Structure or Use. If 
4 damaged to an extent of 50% or more, as determined by the city, a lawful 
5 nonconforming structure or use may be restored to its former height and footprint 
6 only, as approved by the city. The Planning and Community Development 
7 Director has authority to review an application to restore a lawful, nonconforming 
8 single-family dwelling or duplex use as an administrative decision. The Planning 
9 Commission has authority to review an application to restore a lawful, 
10 nonconforming multi-family dwelling, mixed use structure or commercial 
11 structure or use and shall conduct a public hearing on the application. A decision 
12 to approve an application to restore a nonconforming structure must include 
13 findings of all the following: 
14 1) The damage was not intentionally caused by the property owner; 
15 2) The restoration does not increase the degree of nonconformity or add new 
16 non-conformity, and except as specified above, restored structures 
17 conform to requirements of this code; 
18 3) Restoration is according to plans approved by the fire marshal, building 
19 inspector and floodplain manager, and, if required, in conformance with a 
20 geo-technical report; 
21 4) The restored structure or use does not encroach unlawfully on adjacent 
22 properties; 
23 5) The restoration complies with reasonable conditions imposed by the city 
24 on a building permit in order to mitigate any new or increased adverse 
25 impact on adjacent property; and 
26 6) In the case of a multi-family dwelling, mixed-use structure, or commercial 
27 structure, the reconstructed use or structure would not interfere with the 
28 intent and purpose of the zone in which it is located. 
29 F. Time Limit on Restoration of Lawful, Non-conformity. The owner of a damaged 
30 lawful, nonconforming use or structure shall apply for a building permit for 
31 restoration no later than 24 (twenty-four) months from the date of the damage. 
32 After 24 (twenty-four) months following the date of damage, the building will be 
33 subject to current zoning regulations for the district in which the land and 
34 buildings are located, including residential density standards. 
35 G. Routine repairs and maintenance. Routine maintenance and' repairs may be 
36 performed on structures, buildings, or sites that are nonconfonning or that house 
37 non-conforming uses. Examples of maintenance and repairs are painting, repairing 
38 dry rot, and re-roofing. Routine repairs and maintenance do not include expansion of 
39 the square foot area of a structure or use, or creation of new units within residential 
40 structures. Routine repairs and maintenance performed in any 12-month period may 
41 not exceed 50% of the assessed value of existing building, structure or use. 
42 
43 17.64.020. Nonconforming structures. 
44 
45 A. Alteration of a nonconfonning structure. A nonconforming building or structure 
46 may be enlarged or altered to the extent that such alteration or enlargement conforms 
Ordinance No. 2011-03 (Non-Conforming Uses and Structures) 
Page 3 of 6 
1 to current regulations. An alteration made to provide safe access to a building for 
2 persons with disabilities is not considered an enlargement. Alteration of a non-
3 conforming residential structure shall not change the number of dwelling units, if 
4 the change would increase non-conformity, 
5 B. Moving a nonconforming structure. A nonconforming structure may be moved 
6 within the same lot, if the move decreases the level of non-conformity. A non-
7 conforming structure may be moved to a different lot only if the relocated structure 
8 conforms to the regulations of its new location and applicable state law, including 
9 but not limited to ORS 455.410 (2010). 
10 C. Completion of structure. Nothing contained in this ordinance shall require any 
11 change in the plans, construction, alteration or designated use of a structure for 
12 which a valid approval has been granted prior to the effective date of this ordinance, 
13 except that if the structure will be nonconforming, it shall be considered abandoned 
14 for the purposes of section 17.64.030.B, if not operational within twenty-four 
15 months of the date of issuance (or any extension) of the building permit. 
16 
17 17.64.030. Nonconforming uses. 
18 
19 A. Lawful, Nonconforming Uses Allowed to Continue. A lawful nonconforming use 
20 of land may continue as long as it remains otherwise lawful, provided the 
21 nonconforming use does not cease for any reason for a period of more than six 
22 months. For purposes of calculating the six-month period, a use is discontinued or 
23 abandoned on the occurrence of the first of any of the following events : 
24 1. On the date when the use of land is physically vacated; 
25 2. For commercial uses, on the date the sale of merchandise or the provision 
26 of services ceases; 
27 3. On the date- of termination of any lease or contract under which the 
28 nonconforming use has occupied the land; or 
29 4. On the date a request for final reading of water and power meters is made 
30 to the applicable utility. 
31 B. Discontinuance of a nonconforming use. Ifaconfoimingusehasreplaceda 
32 nonconforming use, or if the nonconforming use of a building, structure or site 
33 ceases for a period of six months or more, as described in paragraph A above, the 
34 planning and community development director shall deem the nonconforming use 
35 discontinued, and the building, structure or land area shall be occupied only by uses 
36 conforming to the regulations for the zone in which it is located. If a nonconforming 
37 use has ceased, but the owner is marketing the property continually and actively for 
3 8 sale or lease, the planning and community development director may allow the 
39 lawful nonconforming status to continue for up to 18 additional months. The 
40 director's determination shall be an interpretation, subject to appeal to the planning 
41 commission. Following an evidentiary hearing, the planning commission decision 
42 will be final, unless called up by the City Council under 17.76.040 (B). 
43 C. Alteration of a nonconforming use. No building, structure, or land area devoted to 
44 or accessory to a nonconforming use may be used, moved or expanded unless the 
45 movement or expansion reduces nonconformity. Alteration of a non-conforming 
Ordinance No. 2011-03 (Non-Conforming Uses and Structures) 
Page 4 of 6 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
residential use shall not change the number of dwelling units, if the change would 
increase non-conformity. 
D. Change of nonconforming use. The planning commission may approve an 
application for conversion to another non-conforming use in accordance with the 
provisions of LCMC 17.76.010, if, on the basis of the application and the 
evidence submitted, it finds the proposed use is suitable to the site and location 
and will not have greater adverse affect on the neighborhood or community than 
the previous use with regard to traffic, parking demand, hours of operation, noise, 
dust, and customer and/or residential activity. The commission may place 
conditions on the new non-conforming use to ensure compatibility and maximize 
conformance to current regulations. 
17.64.40 Nonconforming commercial site development. The purpose of this section is 
to upgrade elements of nonconforming commercial development that affect the 
appearance of a site and create adverse impact on adjacent sites. The intent is to make 
commercial development closer to conformance with design standards in Chapter 17.74, 
but not to require extensive changes that would be impractical or extremely expensive, 
such as moving, lowering or structurally altering buildings. 
A. Subject to the other provisions of this chapter, when the owner of a use or structure 
located on a commercially zoned lot that contains nonconforming site 
development elements converts to a different use, enlarges or structurally alters 
the use or structure, the owner also shall alter the nonconforming site 
development elements to conform to standards in Chapter 17.74 to the maximum 
extent feasible within a cost not to exceed 25% (twenty-five percent) of the cost 
of the conversion, enlargement, or structural alteration. 
B. The following elements shall be made compliant with the commercial design 
standards in Chapter 17.74, or, as approved by the planning and community 
development director, as close to compliant as possible within the cost limitation 
defined in paragraph A. 
1. pedestrian circulation, as set out in 17.74.070; 
2. materials and colors as set out in 17.74.080 (13); 
3. pedestrian spaces as set out in 17.74.100; 
4. screening and parking area landscaping as set out in 17.74.120; 
5. water quality as set out in 17.74.120 (5); 
6. exterior lighting as set out in 17.74.130; 
7. transparency as set out in 17.74.080 B.3; and 
8. landscaping of existing setbacks and yard areas. 
17.64.050 Nonconforming Lots of Record. If a lot or the aggregate of contiguous lots as 
recorded in the office of the county clerk has an area or dimension that does not 
meet the lot size requirements of the zone in which the property is located, such 
lot or lots may be occupied by a use or uses permitted in the zone, subject to the 
other requirements of the zone; provided such lots in residential zones shall be 
limited to a single-family dwelling and such lots in the R-R zone shall be limited 
to a single-family dwelling or a recreational vehicle. 
Ordinance No. 2011-03 (Non-Conforming Uses and Structures) 
Page 5 of 6 
i 
2 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
3.4 
35 
36 
17.64.060 Violation; Enforcement. Any modification of a nonconforming use, site or 
structure that according to this chapter requires city approval shall not be initiated before 
such approval is obtained. Failure to obtain an approval required by this chapter is a 
violation punishable as a class A violation under LCMC 1.16, with each day the property 
is used in violation of this section considered a separate infraction. Notice provisions of 
subsection 17.84.020(B) shall not apply in any enforcement of violation of chapter 17.64, 
and the city may at its option proceed to file a complaint or take other remedial action as 
provided in chapter 17.84 without prior notice of violation to the property owner or any 
opportunity to correct. 
Section 5. The City Recorder is authorized to make any required corrections due to 
scrivener's errors, including but not limited to cross-references, prior to codifying this 
ordinance. 
Section 6. In the event that any provision of this ordinance is determined by a court of 
competent jurisdiction to be invalid or unenforceable, such invalid provision shall be 
severed and the remaining provisions of the ordinance that have not been held invalid or 
unenforceable shall continue to be valid and enforceable to the fullest extent permitted by 
law. 
PASSED AND ADOPTED by the City Council of the City of Lincoln City this A f f i H l 
ATTEST: 
Ordinance No. 2011-03 (Non-Conforming Uses and Structures) 
Page 6 of 6 
ORDINANCE 2011-03 
EXHIBIT A 
A. Statewide Planning Goals 
(1) Goal 1: Citizen Involvement 
"To develop a citizen involvement program that insures the opportunity for citizens to be 
involved in all phases of the planning process." 
All documents relating to this proposal were made available for public review and 
purchase, and staff was available to interpret and explain the technical information. All 
affected property owners were noticed regarding the public hearings on the proposed 
zoning ordinance amendments and hearing notices were published in the local paper in 
accordance with notice requirements. The amendments are consistent with Goal 1. 
(2) Goal 2: Land Use Planning 
"To establish a land use planning process and policy framework as a basis for all 
decisions and actions related to use of land and to assure an adequate factual base for 
such decisions and actions." 
The City Council of Lincoln City adopted the Lincoln City Comprehensive Plan and its 
implementation measure, the Lincoln City Zoning Ordinance, after public hearing and 
has reviewed them on a periodic cycle to take into account changing public policies and 
circumstances. Citizens and affected governmental units had opportunities for review 
and comment during preparation, review, and revision of the plan and implementing 
ordinances. The City Council considered amendment to Chapter 17.64 of the Lincoln 
City Zoning Ordinance in accordance with the process and based on the criteria provided 
in the Municipal Code. 
(3) Goal 3: Agricultural Lands 
"To preserve and maintain agricultural lands." 
The area affected by the proposed comprehensive plan map and zoning map amendments 
is located within the city's urban growth boundary. The area currently is designated and 
zoned for urban development. No agricultural lands will be affected by the amendment. 
Goal 3 is not applicable. 
(4) Goal 4: Forest Lands 
"To conserve forest lands by maintaining the forest land base and to protect the state's 
forest economy by making possible economically efficient forest practices that assure the 
continuous growing and harvesting of forest tree species as the leading use on forest land 
Exhibit A — Findings for Ordinance 2011 -03 (Nonconforming Uses) Page 1 
consistent with sound management of soil, air, water, and fish and wildlife resources and 
to provide for recreational opportunities and agriculture." 
The area affected by the proposed zoning ordinance amendment is located within the 
city's urban, growth boundary. The affected area does not include any designated forest 
lands, therefore, Goal 4 is not applicable. 
(5) Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces 
"To protect natural resources and conserve scenic and historic areas and open spaces." 
The proposed zoning amendment allows rebuilding of substantially damaged structures, 
which in some instances may be buildings that contribute to historic areas. The 
amendment requires upgrading of nonconforming commercial design standards as other 
improvements are made, thus improving general appearance of commercial areas. The 
amendment should have no impact on natural resources. The amendment is consistent 
with Goal 5. 
(6) Goal 6: Air, Water and Land Resources Quality 
"To maintain and improve the quality of the air, water and land resources of the state." 
The proposed amendment allows rebuilding of substantially damaged nonconforming 
structures, but only as approved by the fire marshal, building inspector and floodplain 
manager, and, if required, in conformance with a geo-technical report. The required 
approvals are intended to ensure no impact to the city's air, water and land resources 
quality; therefore, it is consistent with Goal 6. 
(7) Goal 7: Areas Subject to Natural Disasters and Hazards 
"To protect people and property from natural hazards." 
The proposed amendment allows rebuilding of substantially damaged nonconforming 
structures, but only as approved by the fire marshal, building inspector and floodplain 
manager, and, if required, in conformance with a geo-technical report. The required 
approvals are intended to ensure no impact to the city's air, water and land resources 
quality; therefore, it is consistent with Goal 7. 
(8) Goal 8: Recreational Needs 
"To satisfy the recreational needs of the citizens of the state and visitors and, where, 
appropriate, to provide for the siting of necessary recreational facilities, including 
destination resorts." 
Except for nonconforming recreational facilities, the proposed amendment should have 
no impact on recreational needs and, therefore, is consistent with Goal 8. 
Exhibit A — Findings for Ordinance 2011 -03 (Nonconforming Uses) Page 2 
(9) Goal 9: Economic Development 
"To provide adequate opportunities throughout the state for a variety of economic 
activities vital to the health, welfare, and prosperity of Oregon's citizens." 
The proposed amendments clarify the rules regarding improvements to nonconforming 
uses and re-use of nonconforming structures, which should facilitate investment. By 
allowing rebuilding of substantially damaged nonconforming structures, the amendment 
enables mortgages, and consequently, sale of these structures. It is consistent, therefore, 
with Goal 9. 
(10) Goal 10: Housing 
"To provide for the housing needs of citizens of the state." 
By allowing reconstruction of substantially damaged nonconforming housing, the 
proposed amendment enables mortgages, and consequently, sale of these structures. The 
amendments are consistent with Goal 10. 
(11) Goal 11: Public Facilities and Services 
"To plan and develop a timely, orderly and efficient arrangement of public facilities and 
services to serve as a framework for urban and rural development." 
The proposed amendment would have no impact on existing city water and sewer 
infrastructure and treatment facilities; therefore, the amendments are consistent with Goal 
1 1 . 
(12) Goal 12: Transportation 
"To provide and encourage a safe, convenient and economic transportation system." 
The proposed amendment would have little or no foreseeable impact on the transportation 
system and therefore, is consistent with Goal 12. 
(13) Goal 13: Energy Conservation 
"To conserve energy." 
The amendment would facilitate reconstruction and reuse of nonconforming structures, 
which would be consistent with Goal 13. 
(14) Goal 14: Urbanization 
Exhibit A — Findings for Ordinance 2011 -03 (Nonconforming Uses) Page 3 
"To provide for an orderly and efficient transition from rural to urban land use, to 
accommodate urban population and urban employment inside urban growth boundaries, 
to ensure efficient use of land, and to provide for livable communities." 
Under certain conditions, the proposed amendment may allow some nonconforming uses 
aiid structures to continue, expand and change to other nonconforming uses, which would 
increase efficient use of land. The conditions on reuse and the requirements to upgrade 
commercial design elements would support livability in the community. All would be 
urban land uses; therefore, the amendment is consistent with Goal 14. 
(15) Goal 15: Willamette River Greenway 
"To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, 
economic and recreational qualities of lands along the Willamette River, as the Willamette 
River Greenway." 
The affected area is not located within the Willamette River Greenway; therefore, Goal 
15 is not applicable. 
(16) Goal 16: Estuarine Resources 
"To recognize and protect the unique environmental, economic, and social values of each 
estuary and associated wetlands; and to protect, maintain, where appropriate develop, and 
where appropriate restore the long-term environmental, economic, and social values, 
diversity and benefits of Oregon's estuaries." 
The proposed amendment may affect nonconforming uses within or adjacent to a 
designated estuarine resource; however, the amendment allows for review and approval 
by city officials and conditions on reconstruction that would mitigate any new or 
increased adverse impacts, and therefore, is in conformance with Goal 16. 
(17) Goal 17: Coastal Shorelands 
"To conserve, protect, where appropriate, develop and where appropriate restore the 
resources and benefits of all coastal Shorelands, recognizing their value for protection and 
maintenance of water quality, fish and wildlife habitat, water-dependent uses, economic 
resources and recreation and aesthetics. The management of these shoreland areas shall 
be compatible with the characteristics of the adjacent coastal waters; and To reduce the 
hazard to human life and property, and the adverse effects upon water quality and fish 
and wildlife habitat, resulting from the use and enjoyment of Oregon's coastal 
shorelands." 
The amendment could affect nonconforming uses adjoining the coastal shoreland. A 
major change in the amendment allows reconstruction of substantially damaged 
nonconforming structures, if in conformance with required geo-technical reports and 
approved by the building inspector and floodplain manager. Therefore, Goal 17 is met. 
Exhibit A — Findings for Ordinance 2011 -03 (Nonconforming Uses) Page 4 
(18) Goal 18: Beaches & Dunes 
"To conserve, protect, where appropriate develop, and where appropriate restore the 
resources and benefits of coastal beach and dune areas; and To reduce the hazard to 
human life and property from natural or man-induced actions associated with these 
areas." 
The proposed amendment are not located within a designated beach or active dune area; 
therefore, Goal 18 is not applicable. 
(19) Goal 19: Ocean Resources 
"To conserve marine resources and ecological functions for the purpose of providing 
long-term ecological, economic, and social value and benefits to future generations." 
The proposed amendment would not affect the near-shore ocean and continental shelf; 
therefore, Goal 19 is not applicable;. 
B. Comprehensive Plan Goals 
(1) Planning Goal 
"To establish a land use planning process and policy framework as a basis for all 
decisions and actions related to use of land and to assure an adequate factual 
base for such decisions and actions. " 
The City Council of Lincoln City adopted the Lincoln City Comprehensive Plan and its 
implementation measure, the Lincoln City Zoning Ordinance after public hearing and has 
reviewed it on a periodic cycle to take into account changing public policies and 
circumstances. The city provided opportunities for review and comment by citizens and 
affected governmental units during their preparation, review, and revision. Review of the 
proposed amendment was in accordance with the Lincoln City Comprehensive Plan and 
the applicable zoning ordinance provisions and in conformance with this goal. 
(2) Citizen Involvement Goal 
"Develop a Citizen Involvement Program which ensures the continued 
participation of citizens in the land use planning process. " 
The City has developed a citizen involvement program. In addition, the public hearing 
process, with notice to the public and property owners and review of the amendment by 
the Planning Commission (a citizen board) and the City Council (a citizen board,) 
establishes conformance with this goal. 
(3) Public Services and Utilities Goal 
Exhibit A — Findings for Ordinance 2011 -03 (Nonconforming Uses) Page 5 
"To plan and develop a timely, orderly, and efficient arrangement of public 
facilities and services, which compliment the area and serve as a frameworkfor 
urban and rural development. " 
The proposed amendments would have negligible affect on the availability and 
arrangement of public services and utilities. The goal is satisfied. 
(4) Urbanization Goal 
"To promote an orderly and efficient transition of land uses, from rural to urban. " 
The proposed Comprehensive Plan and Zoning amendments relate to land previously 
development and zoned for urban development. The amendment allows for appropriate 
reuse, reconstruction and expansion of legal, nonconforming uses, which satisfy this goal. 
(5) Natural Hazard Goal 
"The City shall control development in hazardous areas to protect life and property from 
natural disasters and hazards. " 
Nonconforming uses and structures in natural hazards areas will be affected by the 
amendment. Reconstruction of substantially damaged structures and uses will be subject 
to review by the floodplain manager, building inspector, fire marshal and must conform 
to a geo-technical report, if required; therefore, meeting Goal 5. 
(6) Housing Goal 
"To provide for the housing needs of all citizens." ' 
By allowing reconstruction of substantially damaged nonconfomiing housing, the 
proposed amendment enables mortgages, and consequently,, sale of these structures. The 
amendments are consistent with the housing goal; 
(7) Economy Goal 
"To support the tourist industry and achieve a degree of diversity in the 
community, which will allow a balanced economy that will, in turn, support an 
adequate level of services for all members of the area. " 
The proposed amendment clarifies the rules regarding improvements to nonconfomiing 
uses and re-use of nonconforming structures. By allowing rebuilding of substantially 
damaged nonconforming structures, the amendment enables mortgages, and 
consequently, sale and use of these structures. The amendments, therefore, meet the goal. 
Exhibit A — Findings for Ordinance 2011 -03 (Nonconforming Uses) Page 6 
(8) Aesthetic Goal 
"To develop a livable and pleasing city which enhances man's activities while 
protecting the exceptional aesthetic quality of the area." 
The proposed zoning amendment allows rebuilding of substantially damaged structures, 
which in some instances may be buildings that contribute to historic areas. The 
amendment clarifies the right to restore and maintain nonconforming structures, and rules 
regarding improvements. The amendment requires upgrading of nonconforming 
commercial design standards as other improvements are made, thus improving general 
appearance of commercial areas. This goal is satisfied. 
(9) Transportation Goal 
"To provide a safe, convenient and rapid transportation network to facilitate the 
movement of goods and people. " 
The proposed amendment would have negligible affect on the transportation network. 
This goal is satisfied. 
(10) Energy Goal 
"To conserve energy." 
The amendment would facilitate reconstruction and reuse of nonconforming structures, 
which would be consistent with this goal. 
(11) Overall Environmental Goal 
"To achieve a balance between the need to provide housing and services and the 
need to protect and enhance the natural environment of the city. " 
The proposed amendment would facilitate the restoration and reuse of nonconforming 
properties, subject to review by city officials and the fire marshal, and reasonable 
conditions. Maintaining intensity of use through redevelopment postpones the need for 
expansion of the UGB. This goal is satisfied. 
(12) Shoreland, Beaches, Dunes, Estuary and Ocean Resources Goal 
"To conserve, to protect, to enhance the coastal resources of the city. " 
The proposed amendment could affect nonconforming structures and uses located 
adjacent to coastal shorelands, beaches, dunes, estuary, or ocean. Restoration of 
substantially damaged nonconformities would be governed by a geo-technical report and 
review of city officials. Therefore, this goal is met. 
Exhibit A — Findings for Ordinance 2011 -03 (Nonconforming Uses) Page 7 
i Ce 
J^CO m! mimmm lui 
) 
[TY, OR 97367 
i a r 
3 ^ ty WIWYIflg PtTNEV BOWES 
02 1R $ 0 1 - 2 2 ° 
0006554478 APR 0 5 2011 
MAILED FROM ZIP CODE 97367 
^ 06 2011 
Afvn n -iiVATION ^VtriOPWENT 
Attn: Plan Amendment Specialist 
Dept. of Land Conservation/Dev. 
635 Capitol Street NE, Suite 150 
Salem, OR 97301-2540