Washington City Zoning Code
ARTICLE IX
Nonconformities
§ 350-59 Statement of intent.
Within the districts established by this chapter, or amendments hereto, there exist lots, uses, and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit lawful nonconforming lots, uses and structures to continue to exist, subject to the following controls and restrictions.
§ 350-60 Continuation.
A.
Subject to the provisions of this chapter, a nonconforming lot, nonconforming structure or nonconforming use may be continued even though such does not conform to the provisions of these regulations for the district in which it is located.
B.
The Zoning Officer may keep and maintain a list of all nonconforming lots, structures or uses existing at the time of the passage of this chapter, its predecessors or amendments thereto, and which may come to exist in the future.
§ 350-61 Nonconforming uses.
A.
Expansion or enlargement.
(1)
A nonconforming use may be expanded or enlarged upon approval as a special exception and subject to the general criteria set forth in Article VIII with regards to special exceptions and compliance with the following criteria:
(a)
The extension becomes an attached part of the main structure and does not utilize additional or adjoining land area other than the original parcel.
(b)
The extension does not encroach upon the lot area requirements and the maximum building height and other dimensional requirements of the zoning district in which the nonconforming use is presently located.
(c)
The extension is for the purpose of expanding the nonconforming use in existence at the time of the adoption of this chapter or amendment thereto which caused the use to become nonconforming.
(d)
Such extension does not result in an increase in total floor area or lot use area of more than 25% of the floor area or lot area as the same existed at the time of adoption of this chapter or amendment thereto which caused the use to become nonconforming.
(e)
Adequate parking can be provided in conformance with this chapter to serve both the original plus expanded use.
(f)
Such expansion does not present a threat to the health or safety of the community or its residents.
(2)
This subsection shall not apply to signs.
B.
Abandonment.
(1)
If any nonconforming use of land or building ceases operations for a continuous period of 12 consecutive months or longer, then this shall be deemed to be an intent to abandon such use, and any subsequent use of land shall conform to the regulations of this chapter.
(2)
Failure to market a vacant property for sale or lease for a period of 12 consecutive months or longer will result in abandonment and evidence of intent to discontinue and abandon a nonconforming use, building or structure.
C.
Damage or destruction. In the event that a nonconforming use in any district is destroyed or partially destroyed by fire, flood, explosion or other casualty, such nonconforming use shall be permitted to be rebuilt or restored, provided it meets the following requirements:
(1)
The structure shall be properly secured after the damage or destruction;
(2)
A building permit shall be obtained within six months of the date of casualty, unless the Zoning Hearing Board by special exception grants a time extension for good cause;
(3)
Work is completed within 12 months from when the building permit is granted; and
(4)
No new nonconformity is created and no existing nonconformity is increased.
D.
Change in use.
(1)
A nonconforming use may be changed to a different nonconforming use only under the following conditions:
(a)
Such change shall only be permitted by special exception, under the provisions of Article VIII of this chapter.
(b)
The applicant shall show that a nonconforming use cannot reasonably be changed to a permitted use.
(c)
The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to:
(2)
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
E.
Displacement. No nonconforming use shall be extended to displace a conforming use.
§ 350-62 Nonconforming structures.
A.
Wear and tear. Nothing in this chapter shall prevent the reconstruction, repairing or rebuilding of a nonconforming building, structure or part thereof existing at the effective date of this chapter rendered necessary by wear and tear, deterioration or depreciation, provided that the work does not constitute expansion or extension of the existing nonconformity.
B.
Structural alteration. No such structure may be enlarged or structurally altered in a way that increases its nonconformity.
C.
Damage or destruction. Any nonconforming structure which has been partially or completely damaged or destroyed by fire or other accident or casualty may be rebuilt or repaired on its existing foundation even though such foundation may violate the setback requirements for the zoning district in which the structure is located, provided that a building permit is obtained within six months of the date of casualty and work is completed within 12 months from when the building permit is granted.
D.
Moving. Should a nonconforming structure be moved for any reason for any distance, it shall thereafter conform to the requirements of the zoning district in which it is located.
§ 350-63 Nonconforming lots of record.
A.
Any lot of record existing at the effective date of this chapter and held in separate ownership different from that of the adjacent lots may be developed in accordance with the requirements of the zoning district of the lot of record.
B.
Where two or more adjacent lots of record with continuous frontage have less than the required area and width and are held by one owner, the lots shall be considered to be an undivided lot for the purpose of complying with this article. No division of any lot shall be made which does not comply with the requirements of this article. Any change in lot lines necessary to meet the minimum requirements of this article shall constitute a revision to the recorded plan and shall meet all applicable requirements of the Subdivision and Land Development Ordinance.[1]
§ 350-64 Nonconforming signs.
Signs in existence at the effective date of this chapter or amendments thereto may be continued subject to the following regulations:
A.
Moving. No nonconforming advertising sign, billboard, commercial advertising structure or statuary shall be moved to another position on the building or lot on which it is located after the effective date of this chapter or amendment thereto.
B.
Structural alterations. A nonconforming sign on a nonconforming use may be continued, but the area of such sign or signs shall not be increased and such sign or signs shall not be structurally altered.
C.
Damage or destruction. In the event that any nonconforming advertising sign, billboard, commercial advertising structure or statuary is damaged to the extent of 25% of its cost of replacement at the time of destruction, such sign shall not be restored or replaced except as permitted in Article VI, Signs, of this chapter.
D.
Whenever any use of building or structure or land or of a combination of buildings, structures and land ceases, all signs accessory to such use shall be deemed to become nonconforming and shall be removed within six calendar months.