Watsontown City Zoning Code
PART 8
NONCONFORMITIES
§ 27-801 Nonconforming Structures.
[Ord. 1973-1, 2/5/1973, § 910]
1.
Continuation. Any lawful structure existing on the effective date of this chapter may remain although such structure does not conform to the dimensional requirements of this chapter.
2.
Restoration. A nonconforming building wholly or partially destroyed by fire, explosion, flood or other phenomenon or legally condemned may be reconstructed, provided that reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.
3.
Extension or Alteration. A structure that does not conform with the setback, yard, building height or other dimensional requirements of the district in which it is located may be extended, provided that the extension conforms with all dimensional requirements of this chapter and all other applicable regulations of this chapter.
§ 27-802 Nonconforming Lots.
[Ord. 1973-1, 2/5/1973, § 920; as amended by Ord. 1995-8, 8/7/1995]
1.
Any nonconforming lot legally existing at the time of the adoption of this chapter or which is created whenever a district is changed by amendment hereafter may be continued and/or maintained even though it does not conform to the regulations of the District in which it is located. It is not the intent of this chapter to be overly restrictive or to cause a hardship for any property owner, but rather to allow these nonconforming lots to continue until they are eliminated as single entities, possibly through the addition of such lots to adjacent property.
2.
In the case of a lot or record which existed at the effective date of this chapter which does not meet the minimum area requirements for the district in which it is located, a permitted structure may be placed on the parcel provided that:
A.
The owner does not one adjoining land which could be combined to form a conforming lot.
B.
Each side yard is not less than five feet when adjoining another lot and 10 feet when adjacent to any street.
C.
The rear yard is not less than 10 feet.
D.
The front yard conforms to the minimum distance required.
E.
The site and its intended use complies with all other applicable provisions of this chapter.
F.
The foundation of the structure to be placed on the parcel must be no larger than the foundation of the structure which is being replaced.
§ 27-803 Nonconforming Uses.
[Ord. 1973-1, 2/5/1973, § 930]
1.
Continuation. Any lawful use of a building or land existing at the effective date of this chapter may be continued although such use does not conform to the provisions of this chapter.
2.
Extension. A use that does not conform to the use regulations of the district in which it is located may be extended, provided that:
A.
The proposed extension shall take place only upon the lot or contiguous lots held in the same ownership as that existing at the time the use became nonconforming. Permission to extend a nonconforming use as described in this Part 8 shall not be construed to mean that new or similar uses may be established which, in fact, would become either commercial or planned industrial development as defined in § 27-403, Subsection 5.
B.
The proposed extension shall conform with the area, building height, parking, sign and other requirements of the district in which said extension is located, as contained in Parts 5, 7 and 8.
3.
Changes. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the following conditions.
4.
Abandonment. If a nonconforming use of a building or land ceases and is abandoned for a continuous period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter. For the purposes of this chapter, abandonment shall commence when reasonable efforts to re-establish (such as lease, rental, sale, etc.) a nonconforming use have ceased.