A nonconforming building or structure may be maintained. (Ord. 89-5, 3-1-1989)
9-15-2: REPAIRS AND ALTERATIONS:
Repairs and alterations may be made to nonconforming buildings or buildings housing a nonconforming use. (Ord. 89-5, 3-1-1989)
9-15-3: ADDITIONS, ENLARGEMENTS AND MOVING:
A building or structure occupied by a nonconforming use or a building or structure nonconforming as to height, area or yard requirements may be added to or enlarged, if approved by the planning commission. The planning commission shall not authorize the addition or enlargement of a nonconforming building or structure, or a building or structure occupied by a nonconforming use unless evidence is presented showing:
A. The proposed addition or enlargement, at the particular location, is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood and community;
B. Such addition or enlargement will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of the persons residing or working in the vicinity, or injurious to property or improvements in the vicinity;
C. The proposed addition or enlargement will comply with regulations and conditions specified in this title for such use or building or structure;
D. The proposed addition or enlargement does not exceed:
1. More than fifty percent (50%) of the current nonconforming use, or
2. More than thirty percent (30%) of the current building or structure area. (Ord. 2008-29, 8-13-2008)
9-15-4: RESTORATION OF DAMAGED BUILDINGS:
A nonconforming building or structure, or a building or structure occupied by a nonconforming use, which is damaged by fire, wind, earthquake or other calamity may be restored and the occupancy or use of such buildings, structure or part thereof, which existed at the time of such damage, may be continued or resumed; provided, that such restoration is started within a period of one year and is diligently pursued to completion. (Ord. 89-5, 3-1-1989)
9-15-5: ALTERATION WHERE PARKING INSUFFICIENT:
A building or structure that is nonconforming because of lack of sufficient automobile parking space in connection therewith as required by this title may be altered or enlarged, provided additional automobile parking space is supplied to meet the requirements of this title for such alteration or enlargement. (Ord. 89-5, 3-1-1989)
9-15-6: ONE YEAR VACANCY:
A building or structure or portion thereof occupied by a nonconforming use which is, or heretofore becomes, vacant and remains unoccupied by a nonconforming use for a continuous period of one year, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located. (Ord. 89-5, 3-1-1989)
9-15-7: OCCUPATION WITHIN ONE YEAR:
A vacant building or structure may be occupied by a use for which the building or structure was designed or intended if so occupied within a period of one year after the use became nonconforming. (Ord. 89-5, 3-1-1989)
9-15-8: CHANGE OF USE:
The nonconforming use of a building or structure may not be changed except to a conforming use; and where such change is made, the use shall not thereafter be changed back to a nonconforming use. (Ord. 89-5, 3-1-1989)
9-15-9: NONCONFORMING USE OF LAND:
The nonconforming use of land, existing at the time of the adoption hereof, may be continued; provided, that no such nonconforming use of land shall be expanded or extended on the same lot or adjoining property, unless approval has been granted as provided for in section 9-15-3 of this chapter. If such nonconforming use of land, or any portion thereof, is abandoned or changed for a period of one year or more, any future use of such land shall be in conformity with the provisions of this title. (Ord. 2008-29, 8-13-2008)
Washington City Zoning Code
CHAPTER 15
NONCONFORMING BUILDINGS AND USES
9-15-1: MAINTENANCE PERMITTED:
A nonconforming building or structure may be maintained. (Ord. 89-5, 3-1-1989)
9-15-2: REPAIRS AND ALTERATIONS:
Repairs and alterations may be made to nonconforming buildings or buildings housing a nonconforming use. (Ord. 89-5, 3-1-1989)
9-15-3: ADDITIONS, ENLARGEMENTS AND MOVING:
A building or structure occupied by a nonconforming use or a building or structure nonconforming as to height, area or yard requirements may be added to or enlarged, if approved by the planning commission. The planning commission shall not authorize the addition or enlargement of a nonconforming building or structure, or a building or structure occupied by a nonconforming use unless evidence is presented showing:
A. The proposed addition or enlargement, at the particular location, is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood and community;
B. Such addition or enlargement will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of the persons residing or working in the vicinity, or injurious to property or improvements in the vicinity;
C. The proposed addition or enlargement will comply with regulations and conditions specified in this title for such use or building or structure;
D. The proposed addition or enlargement does not exceed:
1. More than fifty percent (50%) of the current nonconforming use, or
2. More than thirty percent (30%) of the current building or structure area. (Ord. 2008-29, 8-13-2008)
9-15-4: RESTORATION OF DAMAGED BUILDINGS:
A nonconforming building or structure, or a building or structure occupied by a nonconforming use, which is damaged by fire, wind, earthquake or other calamity may be restored and the occupancy or use of such buildings, structure or part thereof, which existed at the time of such damage, may be continued or resumed; provided, that such restoration is started within a period of one year and is diligently pursued to completion. (Ord. 89-5, 3-1-1989)
9-15-5: ALTERATION WHERE PARKING INSUFFICIENT:
A building or structure that is nonconforming because of lack of sufficient automobile parking space in connection therewith as required by this title may be altered or enlarged, provided additional automobile parking space is supplied to meet the requirements of this title for such alteration or enlargement. (Ord. 89-5, 3-1-1989)
9-15-6: ONE YEAR VACANCY:
A building or structure or portion thereof occupied by a nonconforming use which is, or heretofore becomes, vacant and remains unoccupied by a nonconforming use for a continuous period of one year, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located. (Ord. 89-5, 3-1-1989)
9-15-7: OCCUPATION WITHIN ONE YEAR:
A vacant building or structure may be occupied by a use for which the building or structure was designed or intended if so occupied within a period of one year after the use became nonconforming. (Ord. 89-5, 3-1-1989)
9-15-8: CHANGE OF USE:
The nonconforming use of a building or structure may not be changed except to a conforming use; and where such change is made, the use shall not thereafter be changed back to a nonconforming use. (Ord. 89-5, 3-1-1989)
9-15-9: NONCONFORMING USE OF LAND:
The nonconforming use of land, existing at the time of the adoption hereof, may be continued; provided, that no such nonconforming use of land shall be expanded or extended on the same lot or adjoining property, unless approval has been granted as provided for in section 9-15-3 of this chapter. If such nonconforming use of land, or any portion thereof, is abandoned or changed for a period of one year or more, any future use of such land shall be in conformity with the provisions of this title. (Ord. 2008-29, 8-13-2008)