Morgantown committee backs creating streamlined process to revive abandoned nonconforming uses

City staff presented an ordinance amendment intended to give property owners a more efficient path to restore nonconforming uses that lapsed after an abandonment period.

Under current state zoning law, a nonconforming use (a use lawfully established before current zoning) may be presumed abandoned if a property is not occupied for one year. The proposed ordinance would clarify existing nonconformity language in Article 13.73 and add a revival process: an applicant files an application with Development Services (using the certificate of occupancy process), the Planning Commission holds a public hearing and issues a proposed decision, and council may accept or review that decision. If neither council nor the applicant takes further action, the Planning Commission's proposed decision would become final.

Staff said the Planning Commission would only be able to recommend revival if it determines the proposed nonconforming use would not adversely affect public health, safety and welfare and if the revival is consistent either with the comprehensive plan or with existing neighborhood characteristics. The draft also contemplates appeals to council and preserves other tools such as rezoning and conditional use review when appropriate.

Councilors said the change seeks to reduce repeated spot rezoning for properties whose historic use fits existing buildings. They asked staff for clearer timelines and for the Planning Commission to apply neighborhood characteristics in its assessment. Staff noted the Planning Commission would issue a proposed decision within 45 days of a public hearing and the BZA process remains available when a conditional use is required.

The committee directed staff to forward the draft ordinance to the Planning Commission for its advisory review on consistency with the comprehensive plan and signaled support for moving the item to the regular meeting agenda.