Washington Grove City Zoning Code

This Section provides for the regulation of uses and buildings which are already legally in existence in a residential zone at the time of the adoption or amendment of this Article but which do not comply with its requirements. Its purpose is to enact regulations intended to prevent an increase in the degree of non conformity or non compliance, to prepare for the eventual elimination of certain of these uses, and at the same time to avoid undue hardship to any person by reason of the enforcement of these regulations. Nothing herein contained shall be construed as legalizing or sanctioning the establishment or construction of any use or building in violation of the Article.

A non conforming use in a residential zone may be continued, subject to the provisions of this Section.

The use of a non complying building in a residential zone may be continued, subject to the following provisions:

Any non conforming use of a building or land must not be changed to another non conforming use.

Any non conforming use must not be expanded within a building, except that it may be extended into any part of the building that was manifestly arranged or designed for such use prior to the time the use became non conforming.

Any building being used for a non conforming use must not be enlarged, expanded, structurally altered, or moved except for a use permitted in the zone in which it is located.

Any non conforming use of a building must not be extended into any additional land outside the building. Any non conforming use of vacant land must not be expanded in any manner.

5.251 Where a non conforming use of a building has been discontinued for an uninterrupted period of 6 months or more, no non conforming use is permitted in the same building nor on any part of the land on which it is located. In the case of transfer of property ownership or occupancy, a non-conforming use of a building or lot may not be transferred or continued.

5.252 Where a non conforming use of land which has upon it no building other than a building which,

(a) is incidental to the main use, and

(b) has a floor area of not more than 500 square feet and an assessed valuation of not more than $2,000.00, and

(c) the non conforming use has been discontinued for an uninterrupted period of 30 days or more, no non conforming use shall thereafter be permitted on the same land.

Where a building occupied by a non conforming use has been destroyed by any means to such an extent that its value, based on the cost of reconstruction, has been reduced to less than 50 percent of its value immediately prior to destruction, it shall not be reconstructed except for a permitted use, and no non conforming use shall thereafter be permitted in the same building nor on the same land.

In any building being used for a non conforming use, normal maintenance and repair work may be done, including the replacement of non load bearing walls, wiring, or plumbing.

A non-complying building may be reconstructed, enlarged, remodeled, repaired, and otherwise altered, provided there is no increase in the degree of non-compliance.

No increase in the degree of non compliance means that:

(a) no additional area of required front, back or side yard is encroached upon beyond that already encroached upon; and

(b) no additional enclosed area is added for a dwelling which already exceeds the maximum enclosed area.

(c) there is no increase in height for the non-complying portions of the structure.