[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(5000), 11-13-1989]
A.
A non-conforming
use is one which existed lawfully, whether by variance or otherwise,
on the date this Chapter or any amendment thereto became effective,
and which fails to conform to one (1) or more of the applicable regulations
and requirements in the Zoning Code or such amendments thereto; provided
that no lot improved with a single-family detached dwelling unit shall
be deemed a non-conforming use for purposes of obtaining any permit,
if:
1.
The improvements to be constructed pursuant to the permit meet all
requirements of this Chapter which pertain to those proposed improvements;
and,
B.
Non-conforming
uses are hereby declared to be incompatible with and detrimental to
the uses permitted in the zoning district in which they are situated
since they confer upon their owners and users a position of unfair
advantage. Non-conforming uses should be abolished and reduced to
conformity as quickly as the fair interest of the parties permit.
Non-conforming uses shall be subject to and comply with the regulations
set forth in this Article.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(5001), 11-13-1989]
A.
Change. Except as provided in the Subsections below, a non-conforming
use may be changed only to a conforming use. Whenever a non-conforming
use has been changed to a conforming use, it shall not thereafter
be changed to a non-conforming use.
B.
Alteration, Expansion Or Extension. No extensions, alterations,
expansions, enlargements or other structural alterations of a building,
structure or other portion of a non-conforming lot shall be permitted
except the following:
1.
Interior alterations. A non-conforming use may be
extended throughout a building or structure. No interior alteration
of a building shall be construed as the expansion of a non-conforming
use so long as the alteration does not affect the appearance of the
exterior walls of the building.
2.
External alteration, expansion or change. External
alteration, expansion or change to non-conforming uses may be made
where such external alteration, expansion or change is required by
law or ordinance, or where the Director deems such external alteration,
expansion or change is necessary to ensure the public safety, to secure
the continued use of the building or structure, or to bring the use
of the building or structure more into conformity with the provisions
of the ordinance and thereby to diminish the non-conformity.
3.
Existing multi-family and single-family, attached residential
uses in annexed areas.
a.
Existing multi-family and single-family, attached residential uses
in any area annexed to the City after November 30, 1983, which were
legally conforming uses in the annexed area at the time of annexation,
shall be deemed permitted uses within the zoning districts in which
they are located in the City of Town and Country.
b.
Existing multi-family and single-family, attached residential uses
in any area annexed to the City may be altered, expanded or extended
consistent with the zoning standards applicable in the area at the
time of annexation, provided:
(1)
Such uses were conforming uses in the annexed area prior to
annexation,
(2)
Plans for the existing multi-family or single-family, attached
residential development were approved prior to annexation by the authority
with jurisdiction at that time, if required by that authority, and
(3)
Said plans were recorded in the office of the Recorder of Deeds
in the County in which the residential development is located. The
City shall secure a copy of the plans for the residential development
prior to issuing a building permit for any multi-family or single-family,
attached dwelling within that development and ensure compliance with
the standards applicable to that development at the time the plans
for the development were recorded.
4.
Existing single-family dwellings within Planned Residential
Community (PRCS) in annexed areas within the "SL" or "SM" zoning districts.
a.
Existing single-family dwellings, both attached and unattached, which
are located within PRCs in the "SL" or "SM" zoning districts, which
were annexed to the City after November 30, 1983, and which were legal
conforming uses in the annexed area at the time of annexation, shall
be deemed permitted uses within the zoning districts in which they
are located in the City of Town and Country.
b.
An existing single-family dwelling within a PRC in the "SL" or "SM"
zoning districts in any area annexed to the City after November 30,
1983 may be altered, expanded or extended consistent with the zoning
standards applicable in that area at the time of annexation, as reflected
on the record plat for the PRC recorded in the office of the Recorder
of Deeds in the County in which the PRC is located, or where no such
record plat was recorded, on the recorded final development plan for
the PRC, provided:
(1)
Such single-family dwelling was a conforming use in the annexed
area prior to annexation;
(2)
The PRC within which the single-family dwelling is located was
approved prior to annexation by the authority with jurisdiction at
that time, if required by that authority;
(3)
A record plat for the PRC was recorded in the office of the
Recorder of Deeds in the County in which the PRC is located, or if
no record plat was recorded, a final development plan for the PRC
was recorded; and
(4)
The following greenspace requirement is satisfied:
(a)
For lots of greater than or equal to forty-three thousand five
hundred sixty (43,560) square feet (one (1) acre), the minimum greenspace
percentage shall be seventy-five percent (75%).
(b)
For lots of less than forty-three thousand five hundred sixty
(43,560) square feet (one (1) acre), but of greater than or equal
to twenty-one thousand seven hundred eighty (21,780) square feet (one-half
(.5) acre), i.e. 21,780 SF < lot size < 43,560 SF, which lots
were existing at the time of annexation, the minimum greenspace percentage
shall be sixty percent (60%) to a maximum impervious surface area
of ten thousand eight hundred ninety (10,890).
(c)
For lots of less than twenty-one thousand seven hundred eighty
(21,780) square feet (one-half (.5) acre), i.e., lot size < 21,780
SF, which lots were existing at the time of annexation, the minimum
greenspace percentage shall be fifty percent (50%), to a maximum impervious
surface area of 8,712 SF.
c.
The City shall secure a copy of the record plat for the PRC, or where
no record plat was recorded, a copy of the recorded final development
plan for the PRC, prior to issuing a building permit for any single-family
dwelling within that PRC and ensure compliance with the standards
set forth therein.
C.
Moving. No non-conforming use of a building or structure may be moved to any other part of a tract of land upon which the use was conducted at the time of the adoption of this Chapter, except those required by law or ordinance, those which may be required for safety, or those allowed by Subsection (G) below.
D.
Restoration. Any non-conforming building or structure, or
any building or structure containing a non-conforming use, which has
been destroyed or damaged by fire, explosion, act of God, or by public
enemy may be restored to the same dimensions and volume as existed
before such destruction or damage.
E.
Abandonment. Any non-conforming use which has been abandoned
shall not thereafter be reestablished. Any structure or land, or structure
and land in combination, which was formerly devoted to a non-conforming
use which has been abandoned shall not again be devoted to any use
other than those uses which are permitted in the district in which
the structure or land, or structure and land in combination, is situated.
The term "abandonment", as used herein, shall mean
the voluntary discontinuance of a use, when accompanied by an intent
not to reestablish such use. Any one (1) of the following shall constitute
prima facie evidence of intent to abandon:
1.
Any positive act indicating such intent;
2.
Any conscious failure to take all necessary steps to resume the non-conforming
use within reasonable dispatch in the circumstances, including advertising
of the property for sale or lease;
3.
In the case of a structure, or of a structure and land in combination,
discontinuance of the non-conforming use for twelve (12) consecutive
months; or
4.
In the case of land only, discontinuance of the non-conforming use
for ninety (90) consecutive days, or for a total of six (6) months
during any one (1) year period.
F.
Not Grounds For A Variance. The existence of a non-conforming
use shall not in and of itself be considered grounds for the Board
of Adjustment to allow a variance for any other property.
G.
The
non-conformity of a property shall be measured as of the effective
date of this Chapter and where there exists on such date a mixture
of uses on the property the uses may be interchanged and mixed in
different locations on the property thereafter so long as the combination
of uses remains essentially the same and does not increase or expand
any aspect of the non-conformity beyond that which existed on the
date of the passage of this Chapter.
