City of Olivette, MO
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2023-03-28
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Title IV Land Use
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Chapter 400 Zoning Regulations
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ARTICLE XIII Non-Conforming Uses
- Adopting Ordinance
- Ch AO Adopting Ordinance
- Charter
- Ch C The Charter
- Ttl I Government Code
- Ch 100 General Provisions
- Ch 105 Elections
- Ch 110 City Council
- Ch 115 City Officers and Employees
- Ch 120 City Departments
- Ch 125 Commissions, Committees and Boards
- Ch 130 Personnel
- Ch 135 Municipal Court
- Ch 140 Open Meetings and Records Policy
- Ch 145 Taxes, Licenses and Fees
- Ttl II Public Health, Safety And Welfare
- Ch 200 Police and Fire Departments
- Ch 205 Fire Department and Fire Prevention and Protection
- Ch 210 Animals
- Ch 215 Offenses
- Ch 220 Nuisances
- Ch 222 Abandoned Property
- Ch 225 Human Rights
- Ch 230 Garbage and Refuse Collection and Disposal
- Ch 235 Emergency Management
- Ch 240 Parks and Recreation
- Ch 245 Domestic Partnership Registry
- Ch 250 Fireworks
- Ch 255 Property Assessed Clean Energy Program
- Ttl III Traffic Code
- Ch 300 General Provisions
- Ch 305 Traffic Administration
- Ch 310 Enforcement and Obedience To Traffic Regulations
- Ch 315 Traffic Control Devices
- Ch 320 Speed Regulations
- Ch 325 Turning Movements
- Ch 330 One-Way Streets and Alleys
- Ch 335 Stop and Yield Intersections, Railroad Crossings
- Ch 340 Miscellaneous Driving Rules
- Ch 342 Alcohol-Related Traffic Offenses
- Ch 345 Pedestrians' Rights and Duties
- Ch 350 Method of Parking
- Ch 355 Stopping, Standing or Parking Prohibited in Specified Places
- Ch 360 Stopping For Loading or Unloading Only
- Ch 365 Stopping, Standing or Parking Restricted or Prohibited On Certain Streets
- Ch 370 Vehicle Equipment
- Ch 375 Alternative Vehicles
- Ch 380 Licensing Requirements
- Ch 385 Abandoned Vehicles
- Ch 390 Penalties and Procedure Upon Violation of Regulations
- Sch I Speed Limits
- Sch II Stop Signs
- Sch III Parking Restrictions
- Sch IV Electric Traffic Control Intersections
- Sch V Streets Upon Which Certain Commercial Vehicles Are Prohibited
- Sch VI Stopping, Standing and Parking At Any Time Is Prohibited Within Any of The Following Fire Lanes
- Sch VII One-Way Streets
- Sch VIII No Right Turn On Red Signal
- Sch IX Passenger and Loading Zones
- Sch X Crosswalk Locations
- Sch XI Restricted Turn Locations
- Sch XII No Passing Streets
- Ttl IV Land Use
- Ch IV Notes Notes
- Ch 400 Zoning Regulations
- Ch 400 Art XIII Non-Conforming Uses
- § 400.1280 Intent and Purpose.
- § 400.1290 Non-Conforming Use — When Permitted.
- § 400.1300 Limitations On Non-Conforming Use.
- § 400.1310 Building Containing Non-Conforming Use Damaged or Destroyed.
- § 400.1320 Discontinuance of Non-Conforming Use.
- § 400.1330 through Section 400.1370. (Reserved)
- Ch 405 Subdivision Regulations
- Ch 410 Floodplain Management
- Ch 415 Sign Regulations
- Ch 420 Stream Buffer Protection Regulations
- Ch 422 Stormwater Management
- Ch 425 Community Design — General
- Ch 428 Community Design — Olive Boulevard Corridor
- Ch 430 Redevelopment
- Ch 435 Fences
- Ch 440 Communications Facilities
- Ch 445 Urban Agriculture
- Ch 450 Marijuana Facilities
- Ttl V Building And Construction
- Ttl V Notes Notes and Appendices
- Ch 500 Building Regulations
- Ch 505 Dangerous Buildings
- Ch 510 Registration of Vacant Residential Structures
- Ch 515 Streets and Sidewalks
- Ch 520 Rights-Of-Way Usage and Grading
- Ch 525 Forestry — Planting and Maintenance of Street Trees and Plants
- Ch 530 Housing — Tenant Record
- Ch 535 Sewers
- Ch 540 Private Street Improvements, Repair and Maintenance
- Ttl VI Business And Occupation
- Ch 600 Liquor Control
- Ch 605 Business Licenses
- Ch 610 Adult Entertainment Business Licenses
- Ch 615 Solicitations
- Ch 620 Public Utilities
- Ch 625 Scrap Metal Dealers
- Revised Ordinances
- Ch RO Revised Ordinances 2008 Reference
- Cross Reference
- Ch CR Ordinance Reference Table
- State Law Reference Table
- Ch SR State Law Reference Table
- Table of Ordinances
- Ch TO Table of Ordinances
[R.O. 2008 §280.130]
A non-conforming land use or structure is one which existed
lawfully on the date this Chapter or any amendment thereto became
effective and which fails to conform to one (1) or more of the applicable
use regulations of the zoning ordinance or such amendment thereto.
[R.O. 2008 §280.132]
The lawful use of land or building(s) existing at the effective
date of this Chapter or any amendment thereto may be continued although
such use does not conform to the provisions of this Chapter or amendment
thereto. A non-conforming use of a structure may be changed to another
non-conforming use of the same or more restricted classification.
Whenever a non-conforming use has been changed to a more restricted
use or to a conforming use, such use shall not thereafter be changed
to a less restricted use.
[R.O. 2008 §280.138]
No structure or any part thereof devoted to a non-conforming
use shall be enlarged, extended, reconstructed or structurally altered,
except when required to do so by law or order, unless the use is changed
to a use permitted in the district in which the structure is located.
[R.O. 2008 §280.140]
A.
When
a building, the use of which does not conform to the provisions of
the zoning ordinance, is damaged by fire, explosion, act of God or
the public enemy to the extent of more than sixty percent (60%) of
its reasonable value, it shall not be restored except in conformity
with the regulations of the district in which the building is located,
provided that it may be restored if the Board of Adjustment finds
some compelling public necessity requiring the continuance of the
non-conforming use and the primary purpose of continuing the non-conforming
use is not to continue a monopoly.
B.
Any
multi-family building or group of multi-family buildings under single
ownership and their accessory uses which become non-conforming upon
the adoption of this Chapter may be reconstructed or repaired to its
pre-existing configuration, provided that such restoration in no way
increases the non-conformity.
[R.O. 2008 §280.141; Ord. No. 1612, 2-14-1989]
In the event that any non-conforming use or structure ceases
to be so used for a period of two (2) consecutive years, then such
use or structure shall thereafter be caused to conform to a use permitted
within the district in which it is located.
