Wilbur City Zoning Code

The zoning districts established in this title are designed to guide the future use of Wilbur’s land by encouraging the development of desirable residential, commercial and industrial areas with appropriate grouping of compatible and related uses and thus to promote and protect the general health, safety and welfare of the public. As a necessary corollary, in order to carry out such purposes, nonconforming uses which adversely affect the development of such areas must be subject to certain limitations, and are therefore adopted in order to provide a gradual remedy for existing conditions resulting from such incompatible nonconforming uses, which are detrimental to the achievement of such purposes. It is the general intent of this title that nonconformities shall not be enlarged, expanded, or extended, nor used as grounds for adding other structures or uses prohibited elsewhere in the same district.

A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be expanded or enlarged after passage of the ordinance codified in this title by addition of other uses, if such other uses are of a nature which would be prohibited in the zone. It shall also be unlawful to attach additional signs to the building, or add or enlarge signs anywhere on the premises.

To avoid undue hardship nothing in this title shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance codified in this title and upon which actual building construction has been carried on in a diligent manner.

In any zone in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this title, a single-family dwelling may be erected on any single lot of record at the effective date of adoption of the ordinance codified in this title which was a building site previously plotted with the town. Variance of area width, and yard requirements shall be obtained only through action of the town council, which shall be guided by its usual criteria for variances.

Where, at the effective date of adoption or amendment of the ordinance codified in this title, lawful use of land exists that is made nonconforming under the terms of this title as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

If a lawful use of a structure and premises, in combination, exists at the effective date of adoption or amendment of the ordinance codified in this title, that would not be allowed in the zone under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the provisions of Section 18.44.070.

Where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this title that could not be built under the terms of this title by reasons of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful subject to the following provisions:

If any building is devoted in whole or in part to any nonconforming use, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair and replacement on non-bearing walls, fixtures, wiring or plumbing to an extent not exceeding twenty percent of the current replacement value of the building; provided, that the cubical content of the building as it existed at the time of adoption or amendment of the ordinance codified in this title shall not be increased.

Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any nonconforming building or part thereof declared to be unsafe by any town official charged with protecting the public safety upon order of such official.

Any uses for which a variance is permitted as provided in this title shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in such zone.

Whenever any nonconforming use or structure which has become inimical to the general welfare may be considered a public nuisance, the planning commission shall send a letter to the town council recommending immediate abatement and stating the reasons for such abatement.