[Ord. No. 5814 §1(4.1), 4-27-2004]
Within the City of Clayton certain lots, structures and uses
of land which were lawful prior to the adoption or amendment of the
Zoning Ordinance may have become prohibited under the terms of this
revision. This Article is intended to declare that such non-conformities
are incompatible with the permitted or conditional uses but to permit
non-conformities to continue until they are removed. This Article
prohibits non-conformities from being extended, expanded, enlarged
or increased in intensity.
[Ord. No. 5814 §1(4.2), 4-27-2004]
A. Any
non-conforming structure which is associated with a conforming use
may remain as a non-conforming structure, subject to the following
provisions:
1. Enlargement, repair, alterations. Any such structure
may be enlarged, maintained, repaired or remodeled; provided however,
that no such enlargement, maintenance, repair or remodeling shall
either create any additional non-conformity or increase the degree
of existing non-conformity of all or any part of such structure.
2. Moving. No non-conforming structure shall be moved
in whole or in part for any distance whatever, to any other location
on the same or any other lot, unless the entire structure shall thereafter
conform to the provisions of the zoning district in which it is located
after being moved.
[Ord. No. 5814 §1(4.3), 4-27-2004]
A. Any
non-conforming use of part or all of a structure or any non-conforming
use of land may be continued, so long as otherwise lawful, subject
to the following provisions:
1. Ordinary repair and maintenance. Normal maintenance
and incidental repair or replacement, installation or relocation of
non-bearing walls, non-bearing partitions, fixtures wiring or plumbing
may be performed on any structure.
2. Remodeling. No structure shall be remodeled unless
the use thereof shall thereafter conform to all provisions of the
Zoning Code. For purposes of this Section, the term "remodel" shall mean to reconstruct or relocate exterior walls, bearing walls
or bearing partitions; or to substantially alter the exterior appearance
of a building by adding or removing architectural elements by changing
the roof line or by closing up or relocating door or window openings.
3. Expansion of use. No non-conforming use of a lot
or building shall be enlarged, expanded or extended to occupy a greater
area of a lot or building than was occupied on the effective date
of this Zoning Code or amendment thereto and no additional accessory
use, building or structure shall be established thereon.
4. Enlargement of building or structure. 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 addition and the entire use thereof (both existing space
and the addition) shall thereafter conform to all provisions of the
Zoning Code.
5. Moving. No structure that is devoted in whole or
in part to a non-conforming use shall be moved in the whole or in
part for any distance whatsoever, to any location on the same or any
other lot, unless the entire structure and use thereof shall conform
to all provisions of the zoning district in which it is located after
being so moved.
6. Change in use. A non-conforming use shall not be
changed to any use other than a use permitted in the zoning district
in which the use is located. When a non-conforming use has been changed
to any permitted use, it shall not thereafter be changed back to a
non-conforming use.
7. Abandonment or discontinuance. In the event that
the non-conforming use of any building or premises is discontinued
for a period of one (1) year, regardless of any reservations of an
intent not to abandon or resume such use, any subsequent use or occupancy
of such structures shall comply with provisions of this Chapter including
those of the zoning district in which the structure is located.
8. Non-conforming accessory uses. No use which is accessory
to a primary non-conforming use shall continue after such primary
use shall cease or terminate.
[Ord. No. 5814 §1(4.4), 4-27-2004]
When a building containing a non-conforming use is damaged by
natural or manmade disaster to the extent of sixty percent (60%) or
more of its replacement value, it may only be restored in conformance
with the regulations of the Zoning Code. When damaged by fire, explosion,
flood, winds or other acts of God or the public enemy or by any other
cause unrelated or unattributable to the owner to an extent of less
than sixty percent (60%) of its replacement value, a non-conforming
building may only be restored upon the issuance of a variance by the
Board of Adjustment. A right to continue a non-conformity may be lost
if the damage is done intentionally by the owner or on behalf of the
owner.