Washington City Zoning Code

Provisions To Apply. The provisions of this Article shall apply to all non-conforming situations as defined herein. Establishment of any use or development of land after the effective date of this Chapter or amendment thereto, which does not comply with the regulations contained in this Chapter or amendment thereto, shall be considered a violation of this Chapter and not a non-conforming situation.

Existence Of Situation. A non-conforming situation shall not be deemed to have existed on the effective date of this Chapter or amendment thereto unless:

Authority To Continue Use. Any non-conforming use of part or all of a structure or any non-conforming use of land not involving a structure or only involving a structure which is accessory to such use of land may be continued, so long as otherwise lawful, subject to the following provisions:

Change Of Use. A non-conforming use shall not be changed to any use other than a permitted use in the zoning district in which the property is located. When a non-conforming use has been changed to any permitted use, it shall not thereafter be changed back to a non-conforming use.

Discontinuance Of Use. No building or land used in whole or in part for a non-conforming use which is discontinued and remains idle or unused for a continuous period of two (2) years, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the use regulations of the district in which such building is located.

Non-Conforming Accessory Uses. No use which is accessory to a principal non-conforming use shall continue after such principal use has been discontinued, as defined herein.

Status Of Special Uses Or Uses Approved Under Site Plan Review.

Exceptions. Any structure devoted to a non-conforming dwelling use (e.g., a dwelling located in a non-dwelling district where such uses are not permitted) may be remodeled, extended, expanded and enlarged; provided that, after any such remodeling, extension, expansion, or enlargement, such structure shall not be used to accommodate a greater number of dwelling units than such structure accommodated prior to any such work, and provided that such work does not create any dimensional non-conformities, except as may be authorized under Section 400.305 below. This Subsection shall not be deemed to authorize any violation of Section 400.300(A)(5) and (6) or Section 400.300(B), (C), (D), or (E).

Non-Conforming Lots Of Record. Lots of record, established prior to the effective date of this Chapter, or amendments thereto, that have any dimensional non-conformities may be used for purposes allowable by this Chapter, subject to the requirements and limitations established under Article IV, Section 400.145, of this Chapter and the further requirements and limitations established as follows:

Non-Conforming Structures.

Exceptions To Non-Conforming Dwellings. A one-family or two-family dwelling which lawfully existed prior to the effective date of this Chapter, or amendment thereto, and which fails to comply with the dimensional requirements of this Chapter may be expanded and such expansion may encroach upon required building setbacks; provided, however, that such addition shall only be permitted to extend to the horizontal or vertical plane of the building's exterior wall or the building's height which is in non-conformance with a required setback or building height limitation. In other words, the addition shall not create a dimensional non-conformity that is greater than the existing dimensional non-conformity.

Other Dimensional Non-Conformities. Any other dimensional non-conformities may remain non-conforming, so long as any modification to a building site or the structures thereon, as may be permitted by this Article, does not create any increase in the degree of such other dimensional non-conformity and no reduction in required off-street parking shall be permitted, except as may be provided for under Article VI of this Chapter.

Restoration. Except as otherwise provided in Chapter 405 as applies to signs, nothing in this Article shall be deemed to prohibit the restoration of any structure and its use where such structure has been damaged, by any means, to an extent less than fifty percent (50%) of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any foundation associated with such structure) at the time of damage, as determined by the Zoning Administrator; provided, however, that the restoration of such structure and its use in no way increases any former non-conformity, and provided that restoration of such structure is begun within six (6) months of such damage and diligently prosecuted to completion within one (1) year following such damage.

Damage. When a building, the use of which does not conform to the provisions of this Chapter, is damaged by fire, explosion, act of God or the public enemy, to the extent of more than seventy-five percent (75%) of its value, it shall not be restored except in conformity with the district regulations of the district in which the building is situated. When a building, the use of which does not conform to the provisions of this Chapter, is damaged by fire, explosion, act of God or the public enemy, to the extent of less than seventy-five percent (75%) of its value, it may be restored if the Board of Adjustment finds some compelling public necessity requiring the continuance of the non-conforming use.

Code Violation. When a structure is determined by the Zoning Administrator to be in violation of the Building Code or any applicable health or safety code, and the cost of placing the structure in condition to satisfy the standards under such codes exceeds seventy-five percent (75%) of the reconstruction cost of the entire structure, as determined by the Zoning Administrator, such non-conforming structure shall not be restored for the purpose of continuing a non-conforming use.