City of Branson West, MO ARTICLE VII Non-Conforming Lots, Buildings and Uses

Section 400.500 Purpose.

[Ord. No. 1250 §1(701), 10-15-2002]

Under the regulations established by this Chapter, there are existing buildings and uses that could not be built, but that were lawful when built or established prior to the adoption of this Chapter. This Article recognizes the legitimate interests of those who have lawfully established structures or uses which are non-conforming by permitting such non-conformities to be continued. However, non-conformities do adversely affect the orderly development, maintenance, use and taxable value of other property within their vicinity. It is therefore necessary to establish restrictions that are intended to prevent the expansion of such non-conforming buildings and uses and to encourage the eventual conversion of such buildings and uses to conforming buildings and uses.

Section 400.510 Non-Conforming Lots of Record — in Any Residential District.

[Ord. No. 1250 §1(702), 10-15-2002]

A. A single-family detached dwelling may be erected on a lot that is at least forty-five (45) feet in width and that consists entirely of a tract of land that:

1. Has less than the prescribed minimum lot area, width or depth, or all three (3);

2. Is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any regulation of the City; and

3. Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by any regulation of the City.

B. Construction permitted by Subsection (A) shall comply with all of the regulations (except lot area, width and depth) applicable to single-family dwellings in the zoning district in which the lot in question is located; provided however, that the following side yard requirements shall apply in place of the side yard requirements otherwise applicable.

1. The dwelling unit shall be placed on the lot so as to provide a yard on each side of the dwelling.

2. The sum of the widths of the two (2) side yards on each lot shall be not less than the smaller of:

a. Twenty-five percent (25%) of the width of the lot, or

b. The minimum total for both side yards prescribed by the bulk regulations for said zoning district.

c. No side yard shall be less than ten percent (10%) of the width of the lot, and in no case less than three (3) feet.

Section 400.520 Non-Conforming Buildings and Structures.

[Ord. No. 1250 §1(703), 10-15-2002]

A. Authority To Continue. Any building or structure which is devoted to a use which is permitted in the zoning district in which it is located, but which does not comply with the applicable bulk regulations, or which is located on a lot which does not comply with the applicable lot size requirements, may be continued so long as it remains otherwise lawful, subjection to the restrictions of Subsections (B) through (D) of this Section.

B. Maintenance, Repair, Remodeling And Structural Alterations. Any non-conforming building or structure may be maintained, repaired, remodeled or structurally altered, provided that any such maintenance, repair, remodeling or structural alteration shall conform to all requirements of the zoning district in which the building or structure is located and shall not increase the non-conformity of the existing building or structure. For buildings located on a lot that does not comply with the applicable lot size requirements of the zoning district, the side yard requirements shall be determined by Section 400.510(B).

C. Expansions Or Enlargement. A non-conforming building or structure shall not be added to or enlarged in any manner unless such additions or enlargements are made to conform to all the requirements of the zoning district in which the building or structure is located and does not increase the non-conformity of the building or structure. For buildings located on a lot that does not comply with the applicable lot size requirements of the zoning district, the side yard requirements shall be determined by Section 400.510(B).

D. Damage Or Destruction. In the event that any non-conforming building or structure described in Subsection (A) is damaged or partially destroyed, by any means, to the extent of more than seventy-five percent (75%) of the replacement cost of the building or structure at the time such damage occurred, such building or structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located. Structures located on a lot that does not comply with the applicable lot size requirements shall not in any event be required to provide a side yard that exceeds the yard requirements in Section 400.510(B). When a building or structure is damaged to the extent of seventy-five percent (75%) or less, no repairs or restoration shall be made unless a zoning certificate is obtained from the City and restoration is begun within six (6) months after the date of such damage and is diligently pursued to completion.

E. Moving. No building or structure described in Subsection (A) shall be moved in whole or part for any distance whatever, to any other location on the same or any other lot unless the entire building or structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

Section 400.530 Non-Conforming Uses.

[Ord. No. 1250 §1(704), 10-15-2002]

A. Authority To Continue. Any lawful existing non-conforming use of part or all of a building or structure or any lawfully existing non-conforming use of land, not involving a building or structure or only involving a building or structure which is accessory to such use of land, may be continued, so long as it is otherwise lawful, subject to the provisions of Subsection (B) through Subsection (G).

B. Repairs And Maintenance.

1. Normal maintenance and incidental repair, replacement, installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing may be performed on any building or structure that is devoted in whole or in part to a non-conforming use, provided however, that this Subsection shall not be deemed to authorize any violation of Subsection (C) through Subsection (F) of this Section.

2. Nothing in this Article shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition, where such restoration will not be in violation of Subsection (D) of this Section.

C. Remodeling. No building or structure that is devoted in whole or in part to a non-conforming use shall be remodeled, if structural alteration is required, unless the entire building or structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located.

D. Enlargement. No building or structure that is devoted in whole or in part to a non-conforming use shall be enlarged or added to in any manner unless such building or structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.

E. Extension. A non-conforming use shall not be extended, expanded, enlarged, or increased in intensity; provided however, that the extension of a lawful use to any portion of a lawfully existing non-conforming building or structure shall not be deemed the extension of such non-conforming use.

F. Change In Use.

1. When no structural alterations are made in any building or structure devoted to a non-conforming use, the use of the building or structure may change from one use to another use permitted in the zoning district in which the non-conforming use is allowed, provided that the uses are similar to one another and the proposed use is not more intense in terms of activity, traffic generation and impacts on surrounding property. No building in which a non-conforming use has been changed to a more restrictive use shall again be devoted to a less restrictive use.

2. At such time as any non-conforming use changes to a conforming use allowed in the zoning district in which the property is located, it shall not thereafter be changed backed to a non-conforming use.

G. Abandonment Or Discontinuance. When a non-conforming use of land or of a building or structure is discontinued or abandoned for a period of twelve (12) consecutive months, such use shall not thereafter be re-established or resumed, and any subsequent use or occupancy of such land, building or structure shall comply with the regulations of the zoning district in which it is located.

H. Non-Conforming Accessory Uses. No use which is accessory to a principal non-conforming use shall continue after such principal use ceases or terminates.

Section 400.540 Unlawful Use Not Authorized.

[Ord. No. 1250 §1(705), 10-15-2002]

Nothing in this Article shall be interpreted as authority for, or approval of a continuance of the use of a structure or building in violation of the regulations in effect at the time of the effective date of this Article.

Section 400.550 Changes in Districts or Regulations.

[Ord. No. 1250 §1(706), 10-15-2002]

Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one district to another district of a different classification or when boundaries or districts are changed as a result of annexation of new territory or changes in the regulations or restrictions of the zoning regulations, the foregoing provisions shall also apply to any uses existing therein which may so become non-conforming.