(a) Notwithstanding legislative provisions to the contrary as may be enacted since March 13, 2004 by adoptions of Chapter 8A, in the State Code, the City of Wheeling shall be vested with all powers and duties existing prior to such legislative enactments regarding standards for continuation of and the extinguishing of non-conforming uses.
(b) Pursuant to the validation of prior municipal land use ordinances recognized in Chapter 8A and Home Rule Authority, the City of Wheeling continues to utilize the statutory language found in W. Va. Code prior to the 2004 enactments concerning non-conforming uses and the extinguishing of same. The City of Wheeling utilizes a definitive time for abandonment of a non-conforming use. The City utilizes various guidelines such as a discontinuance of a period of six (6) months during any twelve (12) month period and in other cases one (1) month of non-use for abandonment purposes and immediate extinguishing in cases where a particular non- conforming use establishment, such as a bar, house of prostitution/drugs, etc., when the property has been found by the governing body to be a permanent public nuisance. These various time parameters are set forth within the applicable Sections of the Codified Ordinances of the City of Wheeling. Therefore, the City of Wheeling exercises the powers and duties inherent in its local authority to establish the abandonment time period.
(Ord. 13704. Passed 11-18-08.)
EDITOR’S NOTE: A gap was intentionally made between Sections 1323.07 and 1323.18 to accommodate any future additions to this article.)