(a) Purpose and Applicability. The purpose of this section is to regulate and limit the continued existence of uses, structures, and lots established prior to the effective date of this Zoning Ordinance or any amendment thereto that does not conform to this code. Any non-conformity created by a change in the classification of property or the text of this code shall be regulated by the provisions of this article.
(b) General Provisions.
(1) Non-conforming lots, structures, or uses may continue to exist, be bought or sold, altered, restored, or extended only in accordance with the provisions of this code.
(2) Nothing in this code shall prevent the strengthening or restoring to a safe condition of any portion of a non-conforming structure declared unsafe by a proper authority.
(3) Nothing in this Zoning Ordinance shall be interpreted as authorization for or approval of the continuance of the illegal use of a structure or premises in violation of zoning controls in existence at the time of the effective date of legal enactment of this code.
(4) Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall apply to any nonconformities existing therein.
(5) Nothing in this section prohibits alterations or additions to or replacement of buildings or structures owned by any farm, industry, or manufacturer, or the use of land presently owned by any farm, industry, or manufacturer but not used for agricultural, industrial, or manufacturing purposes, or the use or acquisition of additional land which may be required for the protection, continuing development, or expansion of any agricultural, industrial, or manufacturing operation of any present or future satellite agricultural, industrial, or manufacturing use.
(c) Non-conforming Uses.
(1) If a non-conforming use has ceased for one (1) year, abandonment shall be presumed and the non-conforming use shall not be allowed to resume. Any future use of the land or structures shall conform to and be in accordance with this Zoning Ordinance.
(2) The non-conforming use of a building or land which has been abandoned shall not thereafter be returned to such non-conforming use. Abandonment of a non-conforming use shall be presumed if one (1) or more of the following conditions exists, indicating intent on the part of the property owner to abandon the nonconforming use:
i. When the intent of the owner to discontinue the use is apparent;
ii. Utilities, such as water, gas, and electricity to the property have been disconnected;
iii. The property, buildings, and grounds, have fallen into disrepair as evidenced by proper code violation documentation;
iv. When it has been replaced by a conforming use;
v. When it has been changed to a use permitted by conditional use by the Board of Zoning Appeals; or
vi. The business license issued by the City of Moundsville has expired.
(3) The Zoning Officer shall be responsible for preparing a list of all nonconforming uses existing at the time of the legal enactment of this Zoning Ordinance and such list shall be maintained for public use and information.
(4) Once a non-conforming use has been changed or converted to a conforming use, it shall not thereafter be used for any nonconforming use.
(f) Non-conforming Structures.
(1) A lawful nonconforming structure, which is damaged the extent of fifty percent (50%) or more of its appraised value, as valuated within 12 months of when the damage occurred, shall not be restored except in conformity with the regulations for the use district in which such building is located.
(2) A lawful nonconforming structure which is damaged, by neither malfeasance nor wanton disregard by an interested party, to the extent of less than fifty percent (50%) or more of its appraised value, as valuated within twelve (12) months of when the damage occurred, may be reconstructed and used for the same nonconforming use, provided that:
i. The reconstructed structure shall not exceed the height, area, or volume of the original structure; and
ii. Reconstruction shall be commenced within one year from the date the structure was destroyed or condemned and shall be carried on without interruption.
(3) The extension of a lawful use to any portion of a nonconforming structure shall not be deemed the extension of a nonconforming use.
(g) Non-conforming Lot.
(1) Except as provided in this section, a nonconforming vacant lot existing and of official record as of the effective date of this Zoning Ordinance may be developed for any of the uses permitted by these regulations in the zoning district in which it is located, provided that the use meets all applicable yard and setback requirements for the zoning district in which the lot is located.
(2) A non-conforming vacant lot shall not be developed if it could be combined with an adjoining lot (said lot being owned by the same person and any or all future assigns) on or after the effective date of these regulations in order to create a single lot. Where an owner owns adjoining property, construction may occur across the lot lines if that is the only way the yard requirements may be met without a variance. If said combination, however, results in the creation of a single lot that is more than one and one-half (1.5) times the minimum lot width or area required in the zoning district, then the single lot may be divided into two lots of equal width and area without being further classified as non-conforming. For the purposes of this section, "adjoining" shall be deemed to mean the sharing of one or more common lot lines and access to both lots can be provided by the same street without crossing that street.
(h) Non-conforming Accessory Uses and Structures. No non-conforming accessory use or accessory structure shall continue after the principal use or structure is terminated by abandonment, damage, or destruction unless such accessory use or accessory structure thereafter is made to conform to the standards for the zoning district in which it is located. No non-conforming accessory use or structure shall become or replace any terminated principal non-conforming use or structure. (Passed 10-3-17.)