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Oak Hill City Zoning Code

15.44 Nonconforming

Uses And Structures


Cross References
- Validation of existing ordinances - see W. Va. Code 8A-7-12; Existing uses safeguarded - see W. Va. Code 8A-7-10; Defined - see P. & Z. OHMC 15.04.010.

15.44.010 Continuation Of Nonconforming Use

Except as provided in OHMC 15.44.020 and OHMC 15.44.030, any use of land or a building or structure or part thereof, existing at the time that this Zoning title or any amendment hereto becomes effective, may be continued, subject to the provisions of OHMC 15.44.04 to OHMC 15.44.060, although such building or structure or use does not conform to the provisions of the district in which it is situated.

(Ord. 7-5-77)

15.44.020 Discontinuance Of Use

When a nonconforming use has been discontinued for a period of not less than one year, it shall not therefore be re-established and the future use shall be in conformity with the provisions of this Zoning title.

(Ord. 7-5-77)

15.44.040 Change Of Nonconforming Use

A nonconforming use shall not be changed to other than a use of the same or more restrictive land use classification.

(Ord. 9-1-92)

15.44.050 Maintenance Of A Nonconforming Use

A nonconforming use is hereby required to be maintained in such condition as will not constitute a danger to the safety, health or general welfare of the public. Alterations and extensions of the nonconforming use, in order to comply with the provisions of this section, are permitted, provided that such alterations or extension shall not tend to increase the inherent nuisance, nor shall such alteration or extension violate any provisions of this Zoning title regarding yards, lot area or lot coverage for the district in which it is situated, or to increase any existing violation of such provision.

(Ord. 7-5-77)

15.44.060 Damage To Nonconforming Building; Limitations

  1. Any building or structure containing a nonconforming use or any structure consisting of a nonconforming use, which is damaged by fire, flood, wind or other act of God or man to the extent of fifty percent (50%) or more of its fair sales value immediately prior to damage, shall not be reoccupied, reused and/or reconstructed except in conformity with the provisions of this Zoning title. In the event that the Zoning Enforcement Officer's estimate of the extent of damage or fair sales value is not acceptable to the applicant for the building permit to repair or reconstruct such building or structure, the extent of damage or fair sales value shall be determined by a board of three arbitrators, one of whom shall be named by the Planning Commission, one by the applicant for the building permit and one by the first two arbitrators named.

    In the event the first arbitrator cannot agree upon a third member within five days, the third arbitrator shall be named by Council. A decision in which at least two of the arbitrators concur shall be deemed the official decision of this board.
  2. Any nonconforming building or structure which is damaged by fire, flood, wind or other act of God or man to the extent of fifty percent (50%) or more of its fair sales value immediately prior to damage, shall not be repaired or reconstructed except in conformity with the provisions of this title. In the event of dispute, the extent of damage or fair sales value shall be determined in the same manner set forth in Paty A hereof.
  3. Any building or structure containing a nonconforming use or any structure constituting a nonconforming use, which is damaged by fire, flood, wind or other act of God or man to an extent of more than twenty-five percent (25%) but less than fifty percent (50%) of its fair value immediately prior to damage, shall not be repaired or reconstructed except in conformity with this title unless such reconstruction is completed within twelve months of the damage. In the event of a dispute, the extent of damage or the fair sales value shall be determined in the manner as set forth in Part A hereof.

(Ord. 7-5-77)

15.44.070 Construction, Reconstruction Or Alteration Of Nonconforming Use

  1. No building or structure designed for or intended to be utilized for a nonconforming use shall be constructed, reconstructed or altered unless construction, reconstruction or alteration is already under way at the time of the enactment of subsequent amendment of this Zoning title and is being diligently prosecuted so that such building or structure will be completed within eighteen months from the time of the enactment or subsequent amendment of this title. All outstanding building permits for construction, reconstruction or alteration which do not meet these requirements shall be rendered null and void by the enactment or subsequent amendment of this title.
  2. The above limitations shall not apply to a building or other structure utilized as a dwelling which is nonconforming only in respect to yard space or area dwelling and nonconforming to the district in which located, except no building shall be altered, added to or reconstructed to extend further into an already deficient yard space or to reduce an already deficient amount of land area per dwelling.

(Ord. 7-5-77)