Chapter 18.44
NONCONFORMING STRUCTURES AND USES
Sections:
18.44.020 Expansion of uses or structures.
18.44.030 Existing plans, construction or uses.
18.44.040 Nonconforming lots of record.
18.44.050 Nonconforming uses of land.
18.44.060 Nonconforming uses of structures.
18.44.070 Nonconforming structures.
18.44.080 Repairs and maintenance.
18.44.110 Abatement of public nuisance.
18.44.010 Purpose.
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. (Ord. 108-B §12.01, 1980)
18.44.020 Expansion of uses or structures.
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. (Ord. 108-B §12.02, 1980)
18.44.030 Existing plans, construction or uses.
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. (Ord. 108-B §12.03, 1980)
18.44.040 Nonconforming lots of record.
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. (Ord. 108-B §12.04, 1980)
18.44.050 Nonconforming uses of land.
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:
A. No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance codified in this title.
B. No nonconforming structure shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of the adoption or amendment of the ordinance codified in this title.
C. If, for any reason, such nonconforming use of land ceases for a period of more than thirty days, any subsequent use of such land shall conform to the regulations specified by this title for the zone in which such land is located. (Ord. 108-B §12.05, 1980)
18.44.060 Nonconforming uses of structures.
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. (Ord. 108-B §12.06, 1980)
18.44.070 Nonconforming structures.
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:
A. No such structure may be enlarged or altered in a way which increases its nonconformity;
B. Should such structure be destroyed by any means to an extend to more than fifty percent of its replacement cost at time of destruction, in the judgment of the town building inspector, it shall not be reconstructed except in conformity with the provisions of this title;
C. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved;
D. When a nonconforming use of structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for eighteen months during any three-year period, the structure, or structure and premises in combination shall not be thereafter used except in conformance with the regulations of the zone in which it is located. (Ord. 108-B §12.07, 1980)
18.44.080 Repairs and maintenance.
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 nonbearing 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. (Ord. 108-B §12.08, 1980)
18.44.090 Building safety.
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. (Ord. 108-B §12.09, 1980)
18.44.100 Permitted uses.
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. (Ord. 108-B §12.10, 1980)
18.44.110 Abatement of public nuisance.
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. (Ord. 108-B §12.11, 1980)