1.   Zoning Affects Every Structure and Use. Except as hereinafter provided, no building, structure or land shall hereafter be used and no building or part thereof or structure shall be erected, constructed, reconstructed, occupied, moved, altered, or repaired, except in conformity with the regulations herein specified for the class of district in which it is located.

   2.   Existing Buildings and Uses. Lawfully established buildings and uses in existence on January 15, 1973, may have their existing use or occupancy continued, if they are maintained with their conditions of approval, provided such continued use is not dangerous to life.

      A.   Additions, alterations or repairs may be made to any building or use without requiring the existing building or use to comply with the requirements of this chapter, provided the addition, alteration or repair conforms to that required for a new building or use.

      B.   All buildings or uses, both existing and new, and all parts thereof, shall be maintained. The owner or designated agent shall be responsible for the maintenance of buildings and parcels of land. To determine compliance with this subsection, the Zoning Administrator may cause any structure or use to be inspected.

      C.   Buildings or structures moved into or within the City’s zoning jurisdiction shall comply with the provisions of this chapter for new buildings or structures. Temporary structures such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for the protection of the public around and in conjunction with construction work may be erected, provided a special approval is received from the Zoning Administrator for a limited period of time. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.

      D.   Any mobile home removed from any district, except in an approved mobile home park, shall not be replaced with another mobile home.

   3.   Nonconforming Structures and Uses. Except as otherwise required by law, a structure or use legally established prior to January 15, 1973, may be maintained unchanged. In other than criminal proceedings, the owner, occupant or user shall have the burden to show that the structure, lot or use was lawfully established.

      A.   If any nonconforming structure or use is, by any cause, destroyed to the extent of 75 percent of its market value as determined by the Building Official, it shall not thereafter be reconstructed as such. Notwithstanding the foregoing provisions, any non-conforming dwelling, located within an Industrial District (I-1), which has been destroyed by fire, flood, explosion, earthquake, or natural causes, may be reconstructed and used as prior to the incident, so long as the reconstruction is complete within one year of such incident.

      B.   Any lot or structure, or portion thereof, occupied by a nonconforming use, which is or hereafter becomes vacant and remains unoccupied by a nonconforming use for a period of six months shall not thereafter be occupied, except by a use which conforms to this chapter.

      C.   Maintenance, repairs and structure alterations may be made to nonconforming structures or to a building housing a nonconforming use with valid permits.

      D.   A change of use of a nonconforming use of a structure or parcel of land shall not be made except to that of a conforming use. Where such change is made, the use shall not thereafter be changed back to a nonconforming use.

      E.   All additions to nonconforming structures shall conform to the requirements of this chapter. Additions to structures housing nonconforming uses that increase the area of a nonconforming use shall not be made.

      F.   The foregoing provisions under this Subsection 3, insofar as these limit reconstruction or require certain uses to cease or buildings or structures to be removed or changed, shall not be applicable where any such building, structure or use would be conforming under the land use plan.

   4.   Street Frontage, Minimum Requirement. No lot created after January 15, 1973, shall contain any building used as a dwelling unless it abuts at least 40 feet on a street or has a permanent exclusive non-obstructed easement of access not less than 40 feet wide to a dedicated public street.

   5.   Lot Area Requirements.

      A.   Existing Lots of Record. In any district where dwellings are permitted, a one-family detached dwelling may be constructed on any lot of official record at the time of enactment of this chapter, the owner of which does not own any adjoining property, provided that proposed yard spaces satisfy requirements stipulated for the district in which said lot is located, or requirements as may be modified by the Board of Adjustment as set forth hereinafter.

      B.   Lots not Served by Sewer and/or Water. In any district where neither water supply nor public sanitary sewer is accessible, the otherwise specified lot area and width requirements shall be a minimum of 40,000 square feet, and 200 feet; provided, however, that where a public water supply system is accessible and will be installed, these requirements shall be 20,000 square feet, and 120 feet respectively; provided, further, that the Public Works Director has certified that said areas will be large enough to satisfy all applicable requirements concerning water supply and the disposal of sanitary wastes.

   6.   Number of Uses on One Lot. No lot shall contain more than one principal use.

      A.   No accessory building or structure shall be erected in any yard other than a rear yard and it shall occupy less than 30 percent of a required rear yard. Accessory buildings and structures shall be limited to 15 feet in height, and shall be distance at least three feet from all lot lines of adjoining lots which are in any R District and at least six feet from alley lines and six feet from any other building or structure on the same lot.

      B.   Where the natural grade of a lot at the front wall of the principal building is more than eight feet above the average established curb grade in front of the lot, a private garage may be erected within any yard or court, but not within 10 feet of any street line, provided that at least one-half of the height of such private garage shall be below the level of the yard or court.

   8.   Required Yard Cannot be Reduced or Used by Another Building.

      A.   No lot, yard, court, parking area or other open space shall be so reduced in area or dimension as to make any such area or dimension less than the minimum required by this chapter, and if already less than the minimum required it shall not be further reduced. No required open space provided about any building or structure shall be included as part of any open space required for another building or structure.

      B.   The space occupied by a required private garage or parking area shall be considered the same as any required open space provided about a principal building, and such space shall not be reduced or included as any part of any required open space for another building or structure.

   9.   Conversion of Dwellings. The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this chapter, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter applying to such district.

   10.   Transitional Uses in R Districts. In any R-1, R-2, or R-3 District a transitional use shall be permitted on a lot the side lot line of which adjoins, either directly or across an alley, any B or I District. The permitted transitional uses for any such lot in an R-1 District shall be any use permitted in the R-2 District; for any such lot in an R-2 District any use permitted in the R-3 District; and for any such lot in an R-3 District any use permitted in the R-4 District. In the case of any such lot in an R-1, R-2, or R-3 District, the requirement governing lot area per dwelling unit, off-street parking, yards and other open spaces shall be the same as for the district respectively next listed in Section 165.02. Any transitional use authorized under this section shall not extend more than 100 feet from the side lot line of the lot abutting on the zoning district boundary line.

   11.   Minimum Ground Floor Area for Dwellings.

      A.   A one-story dwelling shall contain not less than 600 square feet of usable ground floor area, exclusive of open porches, garages or steps.

      B.   A one-and-one-half- or two-story dwelling shall contain not less than 600 square feet of ground floor area, exclusive of open porches, garages or steps.

   12.   Traffic Visibility Across Corner Lots. In any R District on any corner lot, no fence, structure or planting shall be erected or maintained within 20 feet of the corner so as to interfere with traffic visibility across the corner.

   13.   Essential Services. Essential services shall be permitted as authorized and regulated by law and other ordinances of the community, it being the intention hereof to exempt such essential services from the application of this chapter.

   14.   Off-Street Parking and Loading. In any district spaces for off-street parking and for loading or unloading shall be provided in accordance with the provisions of Section 165.22.

   15.   Validity of Existing Building Permits. Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof, for which official approvals and required building permits have been granted before the enactment of this chapter, the construction of which, conforming with such plans, shall have been started prior to the effective date of this chapter and completion thereof carried on in a normal manner within the subsequent six-month period, and not discontinued until completion, except for reasons beyond the building’s control.

   16.   Minimum Roof Pitch of Dwellings. No residential structure shall have a roof pitch of less than two inches rise per 12 inches of service area; provided, however, that this provision shall not apply to structure in existence at the time of its enactment.

   17.   Minimum Dimensions for Dwellings. Dwellings shall have a minimum ground floor dimension of 20 feet over 75 percent of the longest dimension, exclusive of open porches, garages, and steps.

   18.   Flood Prone Areas. Regardless of zoning district, new structures shall not be permitted within flood-prone areas as depicted in the USGE Map of Flood-Prone Areas, dated 1973, and as may be updated. The flood-prone areas are delineated along the contour lines of elevation on said map.

   19.   Lighting Illumination Requirements. The intent of these regulations is to reduce the problems created by improperly designed and installed outdoor lighting. It is intended to eliminate problems of glare, minimize light trespass, and help reduce the energy and financial costs of outdoor lighting by establishing regulations which limit the area that certain kinds of outdoor-lighting fixtures can illuminate and by limiting the total allowable illumination of lots located in the City of Washington. All business, residential, and community driveway, sidewalk, and property luminaries should be installed with the idea of being a “good neighbor,” with attempts to keep unnecessary light from shining onto abutting properties and streets.

      A.   Exterior Lighting. All exterior lighting shall be installed and operated in a manner so as to not unduly impact upon an adjoining property or impair the safe operation of motor vehicles on public streets.

      B.   Glare. Glare from any operation and all lighting for the external illumination of buildings or grounds shall be directed in a manner such that direct or indirect illumination from the source of light shall not exceed two foot-candles at property lines.