Winslow City Zoning Code

This chapter provides for the regulation of nonconforming buildings, structures, uses and lots. These regulations are designed to protect the rights of legally existing nonconforming uses, structures and buildings, but not promote expansion or enlargement. The site, building, structure or use will be encouraged to convert to a conforming use in the future.

Any use or activity lawfully conducted under county zoning regulations at the effective date of annexation or under previous zoning regulations in effect at the adoption of the ordinance codified in this title, or any amendment, shall be considered a legal nonconforming use under this title.

The city council, by ordinance, may authorize the acquisition of private property by purchase or condemnation for removal of nonconforming uses and structures.

No structural or physical alteration shall be made to any nonconforming building, structure or lot except when required by law or ordinance. This requirement does not prohibit routine repairs or maintenance.

Nonconforming structures listed on the National or State Register of Historic Buildings may be renovated, restored, repaired or maintained if done in accordance with the state guidelines for historic preservation, regardless of the nonconformance of the building.

Nonconforming structures located within a historic district may be renovated, restored, repaired or maintained if done in accordance with state guidelines on historic preservation.

No expansion shall be made of any nonconforming building, structure or use unless such expansion conforms to the regulations specified for the district in which it is located. In cases where the nonconforming use occupies a building, structure or any portion of a site, expanding the use into additional building or land area shall constitute an extension and shall not be allowed.

Any nonconforming building, structure or use, or one or more of a group of nonconforming building, structure or use related to one industry and under one (1) ownership, which has been damaged by fire, flood, explosion, earthquake, war, riot or act of God, may be reconstructed and used as before, if done within twelve (12) months of such calamity. The City Council, after review and recommendation by the Planning and Zoning Hearing Officer, may determine that such delay in reconstruction was caused by unforeseen circumstances beyond the control of the owner of the premises and permit a reasonable extension of time for reconstruction. Any district requirements may be waived by the City Council, provided the area restored is not more nonconforming than existed at the time of the calamity.

Any nonconforming building, structure or use which ceases to be used for a period exceeding six months or is superseded by a conforming use, shall never again be devoted to the nonconforming use except as otherwise provided in the preceding subsection. A nonconforming use shall not be changed to a different nonconforming use. This shall not prevent a name change or change in ownership of the same nonconforming use.

To remain a legal non-conforming use, the following conditions must be met:

No change of use or change to a building structure shall be permitted which creates a deficit or increases an existing deficit in off-street parking spaces, loading areas or other development standards.

Any site which is nonconforming due to deficiencies of development standards and which require review or approval by the city council for a conditional use permit, rezoning, site plan or subdivision shall, as a requirement of that review, be brought into conformance including, but not limited to, development standards for parking, circulation, driveways, drainage, storage, screening and landscaping, with the zoning ordinance and other applicable codes before any permit or other request can be approved.