Winner City Zoning Code
NONCONFORMING USES
§ 154.455 INTENT.
(A) Within the districts established by this chapter or amendments that may later be adopted, there exists lots, structures, uses of land and structures, and characteristics of use which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment.
(B) It is the intent to permit these nonconformities to continue until they are removed. Further, nonconformities shall not be enlarged upon, expanded, extended, nor be used as grounds for adding other prohibited structures or uses elsewhere in the same district.
(C) Nonconforming uses are declared to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after March 4, 2002 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.
(D) (1) To avoid undue hardship, nothing in this chapter 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 March 4, 2002 and upon which actual construction has been carried on diligently.
(2) ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner.
(3) 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.
(E) To further avoid under hardship, any accessory use or structure that exists due to the dilapidation and resulting demolition of any primary use may continue with the same restrictions identified for other nonconforming properties.
(Prior Code, § 16.24.01) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.456 NONCONFORMING LOTS OF RECORD, SFD.
(A) In any district in which single-family dwellings are permitted, a single-family dwelling and its customary accessory buildings may be erected on any single lot of record prior to March 4, 2002, not withstanding limitations imposed by other provisions of this chapter. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lots fail to meet requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.
(B) Variance of other yard requirements shall be obtained in accordance with the provisions of this chapter.
(Prior Code, § 16.24.02) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.457 NONCONFORMING USES OF LAND (OR LAND WITH MINOR STRUCTURES ONLY).
Where prior to March 4, 2002 lawful use of land exists, which would not be permitted by the regulations imposed by this chapter, and where such use involves no individual structure with a replacement cost exceeding $1,000, the use may be continued so long as it remains otherwise lawful, provided:
(A) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied prior to March 4, 2002 or amendment of this chapter;
(B) No such nonconforming use shall be moved, in whole or in part, to any portion of the lot or parcel other than that occupied by such use prior to March 4, 2002 or an amendment of this chapter;
(C) If any such nonconforming use of land ceases, for any reason, for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located; and
(D) No additional structure, failing to conform to the requirements of this chapter, shall be erected in connection with such nonconforming use of land.
(Prior Code, § 16.24.03) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.458 NONCONFORMING STRUCTURES.
Where a lawful structure exists prior to March 4, 2002 or an amendment of this chapter, that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No such nonconforming structure may be enlarged or altered in a way, which increases its nonconformity, but any structure, or portion thereof, may be altered to decrease its nonconformity.
(B) Should such nonconforming structure, or nonconforming portion of structure, be destroyed by any means, to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter, but if less than 50% damaged above the foundation, it may be restored, reconstructed or used as before provided that it be started within one year of such happening and be completed within two years.
(C) Should such structure be moved for any reason or distance, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Prior Code, § 16.24.04) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.459 NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND PREMISES IN COMBINATION.
If the nonconforming use involving individual structures with a replacement cost of $1,000 or more, or of structure and premises in combination, exists prior to March 4, 2002 or an amendment of this chapter that would not be allowed in the district under the terms of this chapter, the nonconforming use may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(B) Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use prior to March 4, 2002 or an amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
(C) (1) If no structural alterations are made, any nonconforming use of a structure or structure and premises may, as a conditional use, be changed to another nonconforming use provided that the Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.
(2) In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the provisions of this chapter.
(D) Any structure, or structure and land in combination, in or on which a nonconforming use is superceded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
(E) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for a period of more than one year (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(F) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(Prior Code, § 16.24.05) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.460 USES UNDER CONDITIONAL USE PROVISIONS ARE CONFORMING USES.
(A) Any use, which is permitted as a conditional use in a district, under the terms of this chapter, shall be deemed a conforming use in such district without further action.
(B) A nonconforming use can never be allowed in a defined district without a change in the district definition or boundaries.
Permitted Principal Uses | Conditional Uses | Nonconforming |
Allowed within defined district | Allowed within defined district after Board grants permission | Never allowed in defined district without change in district definitions or boundaries |
(Prior Code, § 16.24.06) (Ord. 737, passed - -; Ord. 800, passed - -)