Wilmer City Zoning Code
§ 24
NONCONFORMING USES.
INTENT.
Within the districts established by this ordinance, or amendments that may later be adopted, there exist:
Lots and uses of lands; |
Buildings and structures; |
Uses of land and buildings in combination; and |
Characteristics of uses which were lawful before this ordinance was passed and amended, but which would be prohibited, regulated or restricted under the terms of this ordinance or future amendments. It is the intent of this ordinance to permit these nonconformities to continue until they are removed. |
Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. A conforming use of a building or structure, a nonconforming use of land, or a nonconforming use of buildings and land in combination shall not be extended or enlarged after passage of this ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.
To avoid undue hardship, nothing in this ordinance 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 this ordinance and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.
NONCONFORMING LOTS OF RECORD.
In any district in which residential, commercial, or industrial buildings are permitted, buildings may be erected on any single lot of record, or multiple lots of contiguous street frontage in the same ownership, which were recorded prior to the effective date of this ordinance. This provision shall apply even though such lot or lots fail to meet the minimum requirements for area, width, or both, as governed by Section 22 [Section 20]; however, all other provisions of Section 22 [Section 20] shall apply. Any required variances shall be obtained only through the zoning board of adjustment.
Conformance When.
The lawful use of a building or land existing at the date of enactment of this ordinance, although such does not conform to the provisions hereof, may be continued, but if nonconforming use is discontinued for a period of six (6) consecutive calendar months, it shall not thereafter be resumed and any future use of such building or land shall be in conformity with the provisions thereof.
The use of the land, if changed from a nonconforming use, shall be in conformity with the provisions hereof.
Repairs - Cost Ceiling.
The total structure repairs or alterations in a nonconforming building shall not, during its life, exceed 50 percent (50%) of the assessed value of the building unless changed to a conforming use. The use of a nonconforming building may be changed to another nonconforming use of the same or more restricted classification.
Extension When.
A nonconforming use of a building or land shall not be extended unless changed to a conforming use.
Classification Changes.
Whenever the nonconforming use of a structure is changed to the use of a more restricted classification, such use shall not thereafter be changed to a use of a less restricted classification.
For the purpose of this regulation, uses permitted in SF1 Districts shall be deemed to be those in the most restricted classification.
Restoration When.
A nonconforming structure destroyed or damaged by fire, flood, wind, earthquake, explosion or other casualty, or by the public enemy, to the extent where the cost of restoration would amount to less than fifty percent (50%) of its assessed value, may be restored. If the damage is in excess of fifty percent (50%) of its assessed value or restoration is not started within a period of one (1) year and carried diligently to completion, application for restoration shall be made to the board of adjustment to permit such restoration. Property owners, as shown by the city tax records on the effective date of this ordinance, shall be able to restore their property regardless of the extent of destruction, without making application to the board of adjustment. However, said restoration shall comply with all construction codes then in effect within the city.
Applicability.
The provisions of this section shall apply to any use that may become a nonconforming use due to a change in the classification of the district in which located, from the effective date of the ordinance making the change.
Board-Approved Use Conforms.
Any use which is permitted in a district only upon action of the board of adjustment shall, upon its establishment, be considered a conforming use in that district, provided that this regulation shall not be so interpreted as to waive any conditions of a conditional permit for such use.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 17-0504B adopted 5/4/17)