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Walcott City Zoning Code

167.20 NONCONFORMING

USES.

1.   Continuation of Nonconforming Uses. The lawful use of a building existing at the time of the adoption of this chapter may be continued. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification with approval of the Zoning Administrator. The foregoing provisions shall also apply to a nonconforming use in districts hereafter changed. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted one.
2.   Discontinuation of Certain Nonconforming Use. The lawful use of land for storage purposes (where such use is not adjunct of any building) and for advertising signs and billboards which does not conform to the provisions of this chapter shall be discontinued within five years from the date of the approval of this chapter, and the same use of land which becomes nonconforming by reason of a subsequent change in this chapter shall also be discontinued within five years from the date of the change.
3.   Restoration after Damage. No building which has been damaged by fire, explosion, act of God or the public enemy, to the extent of 50 percent or more of its value, shall not be restored except in conformance with the regulations of this chapter.
4.   Lapses in Nonconforming Uses. In the event that a nonconforming use of any building or land is discontinued or its normal operation stopped for a period of three years, the use of the same shall thereafter conform to regulations of the district in which it is located.
5.   Extension of Nonconforming Uses Within Building. A nonconforming use occupying only a portion of a building may be extended throughout the building if same has been lawfully acquired and actually devoted to such use previous to the adoption of this chapter.
6.   Continuance of Nonconforming Uses For Single-Family Dwellings and Structures or Lots Used For Single-Family Purposes. Notwithstanding any other provisions of this chapter, a single-family use, a single-family dwelling and accessory structures, or a lot upon which a single-family dwelling is located shall generally be treated as a permitted nonconforming use for as long as the dwelling is used for a single-family use. Accordingly, the following specific rights shall be granted under this chapter:
   A.   Structures primarily intended for a nonconforming single-family use may be restored for a single-family use if destroyed or damaged by fire, explosion, act of God or by public enemy, and may be reconstructed, expanded, repaired and structurally altered for such use, provided all other requirements of this chapter and other chapters of this Code of Ordinances are met.
   B.   Nonconforming single-family use and nonconforming accessory structures incidental to a single-family use may be restored to the same degree of nonconformity or less if destroyed or damaged by fire, explosion, act of God or by public enemy, and may be repaired or structurally altered for such use, provided such construction does not increase or extend the degree of nonconformity. Nonconforming structures shall not be reconstructed except in compliance with provisions of this chapter.
   C.   A nonconforming single-family use and nonconforming single-family dwelling (and accessory structures) on a nonconforming lot, shall be granted the same rights as above stated and any other applicable rights, as if the lot were conforming.
   D.   A nonconforming single-family use and a nonconforming single-family dwelling (and accessory structures) shall be granted the same rights as for other nonconforming uses and structures. Restrictions set forth in this section Subsections 1 through 5 (e.g., lapse in nonconforming uses) shall be applicable.
   E.   Single-family dwellings may be built upon any lot of record prior to January, 1993, as long as said lot is properly zoned for single-family dwelling use and as long as yard dimensional requirements are met (i.e., front, side and rear yard setbacks), notwithstanding that lot size area is deficient.