Westover City Zoning Code
ARTICLE 1320
Nonconforming Uses
1320.01 WHEN PERMITTED.
The lawful use of a building or premises existing at the time of passage of this Zoning Ordinance may be continued although such use does not conform to all the provisions of this Zoning Ordinance, except as hereinafter provided:
(a) A nonconforming use may be extended throughout a building provided no structural alterations are made therein, except those required by law.
(b) A nonconforming use may be changed to another nonconforming use of the same or greater restrictions; provided, that no structural changes are made in the building. Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a use of a less restricted district.
(c) The Board may authorize, by written permit, in a residential district, for a period of not more than one year from the date of such permit, a temporary building for commercial or industrial use incidental to the residential construction and development of such district.
(d) Any nonconforming use of any land, building or structure may be continued after the adoption of this Zoning Ordinance in accordance with the provisions of West Virginia Code 50-24-8, unless such nonconforming use is discontinued for the period provided under Section 1320.02.
(e) In the same manner these provisions apply to a use which may become nonconforming due to an amended to this Zoning Ordinance.
(Ord. 318. Passed 2-4-08.)
1320.02 DISCONTINUANCE OF USE.
In the event that a nonconforming use of any building or premises is discontinued for a period of one year, the use of the building premises shall thereafter conform to the uses permitted in the district in which it is located, and should the structure be inadvertently destroyed by an cause then it may be rebuilt within a period of one year from date of its discontinuance of use; provided, that in the event such nonconforming use was the maintenance of a house trailer or mobile home in a district designated as R-1, voluntary discontinuance of such use for a period of five days, or accidental or inadvertent discontinuance due to destruction for a period of sixty days, then the use of any such premises shall thereafter conform to the uses permitted in the district in which it is located.
(Ord. 318. Passed 2-4-08.)
1320.03 CONFORMANCE.
No building shall be erected upon any premises devoted to a nonconforming use, except in conformance with regulations of this Zoning Ordinance.
(Ord. 318. Passed 2-4-08.)