Martinsburg Town City Zoning Code
ARTICLE VIII
Nonconformities
§ 240-59 Intent.
The intent of this article is to recognize lots, structures and uses of land and structures which legally existed prior to the enactment or subsequent amendment of this chapter which would be prohibited or unreasonably restricted by the requirements herein. All rights of nonconformity shall continue regardless of the transfer of ownership of nonconforming lots, structures or uses.
§ 240-60 Nonconforming lots.
Any lot held under separate ownership prior to the enactment or amendment of this chapter, and having a lot frontage, lot size, side and rear lot line setback or setback from road center line less than the minimum requirements set forth in this chapter, may be developed for any use allowed in the district in which it is located, as designated in § 240-14 of this chapter, provided that such lot has sufficient frontage, side and rear lot area to undertake development which will:
A.
Maintain the required setback from road center line; and
B.
Maintain at least 2/3 of the required minimum setback from side and rear lot lines.
§ 240-61 Nonconforming structures.
No structure which by the enactment or amendment of this chapter is made nonconforming or placed in a nonconforming situation with regard to side and rear lot line setback, setback from road center line or any requirement of this chapter, other than the use to which it is put, shall be changed so as to increase its nonconformity. If a structure is nonconforming as to use, see § 240-62 below. Any such nonconforming structure may be used for any compatible use listed for the district in which it is located as designated in § 240-14 of this chapter.
§ 240-62 Nonconforming uses of land or structures.
Any use of land or structures which by the enactment or amendment of this chapter is made nonconforming may be continued on the premises and to the extent preexisting provided that:
A.
No nonconforming use shall be increased in size so as to occupy a greater area of land or floor area than was committed to the nonconforming use at the time of such enactment or amendment;
B.
No nonconforming use which has for any reason been discontinued for a period of one year or more shall be reestablished; and
C.
A special use permit shall be required for any alteration or reconstruction which is on the premises of a nonconforming multifamily residential or nonresidential use.
§ 240-63 Nonconforming structures damaged or destroyed. [1]
Any structure which is nonconforming as to use, side and rear lot line setback, setback from road center line or any other requirement of this chapter, which is damaged or destroyed by fire or other hazard to the extent of no more than 50% of its replacement value, may be repaired, restored or reconstructed provided that such work is undertaken within one year of the date on which the damage or destruction occurred. No such work shall increase the nonconformity of the structure.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 240-64 Nonconforming signs.
Nonconforming signs shall be allowed to continue in a nonconforming manner until the advertised use is terminated, or the sign is structurally changed or replaced.