[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Within
the zoning districts established by this Chapter or by amendments
thereto, there exists buildings, structures, uses and lots which were
lawfully established prior to the adoption of this Chapter or amendments
thereto, but which do not conform to the regulations contained within
this Chapter. These regulations are intended to minimize the existing
and/or potential problems created by non-conforming uses, such as
increased traffic, insufficient parking, excessive noise, odor, etc.
It is the intent of this Chapter to eliminate these non-conformities
and to permit these buildings, structures, uses and lots to continue
only until they are discontinued, damaged or removed except as provided
herein. These non-conformities can be incompatible with the buildings,
structures and land uses permitted by this Chapter in certain zoning
districts. In addition, these non-conformities may not be compatible
with the City's Master Comprehensive Plan. It is the further intent
of this Chapter that such non-conformities shall not be enlarged,
expanded or extended except as provided herein, nor to be used as
grounds for adding other buildings, structures and uses prohibited
elsewhere in the same district.
B.
Non-conformities
made unlawful by generally applicable public health, safety or welfare
ordinances of the City, enacted in whole or in part pursuant to authority
other than the City's zoning authority, shall not be governed by this
Section and shall have no right of being continued unless provided
by law.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Any
lot which was lawfully created and recorded prior to the enactment
of this Chapter, but does not meet the minimum size and/or dimension
requirements of the zoning district in which it is located, shall
be considered a legal non-conforming lot of record.
B.
A legal
non-conforming lot of record may be used, conveyed or sold the same
as if it were a conforming lot, provided that the use of such lot
meets the requirements of the zoning district in which it is located.
[Ord. No. 3674 §§1—3, 8-17-2005]
The lawful use of land for storage purposes and by signs and
bulletin boards which become non-conforming by reason of a subsequent
change in this Chapter shall be discontinued within two (2) years
from the date of change.
[Ord. No. 3674 §§1—3, 8-17-2005]
The lawful use of a building may be continued after adoption of this Chapter although such use does not conform to the provisions thereof. A non-conforming use of a building may be changed to another non-conforming use of the same or of a more restricted classification, but a non-conforming use cannot be changed to a use requiring a Special Land Use Permit except in accordance with the provisions of Article X. Whenever a non-conforming use has been changed to a more restricted use or to a conforming use, such use shall not hereafter be changed to a less restricted use.
[Ord. No. 3674 §§1—3, 8-17-2005]
Whenever the use of a building becomes non-conforming through a change in this Chapter or zoning district boundaries, such use may be continued provided no structural alterations are made. It may be changed to another non-conforming use of the same or of a more restricted classification, but it cannot be changed to a use requiring a Special Land Use Permit except in conformance with the provisions of Article X "Special Land Use Permits".
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Where,
on the date of adoption of this Chapter, a lawful use of a parcel
or lot (such use not involving any building or structure or upon which
parcel or lot a building or structure is accessory to such principal
use) exists that is no longer permissible under the regulations of
this Chapter, such principal use may be continued so long as it remains
otherwise lawful subject to the following provisions:
1.
Enlargement. No such non-conforming use of a parcel
or lot shall be enlarged, expanded or extended to occupy a greater
area of land than was occupied on the date of adoption or amendment
of this Chapter and no additional accessory use, building or structure
shall be established herein. Non-conformity may not be expanded to
cover more land area than was occupied by that non-conformity when
it became non-conforming or such reduced area to which the non-conformity
may have been lawfully converted.
2.
Increase in intensity. The volume, intensity or
frequency of use of the property, where non-conformity exists, may
not be increased and the equipment or processes used at a location
where non-conformity exists may not be changed if these or similar
changes cause an increase in the degree of activity.
3.
Relocation. No such non-conforming use of a parcel or lot shall be moved in whole or in part to any other portion of such parcel or lot not so occupied at the date of the adoption of this Chapter 405 nor to another parcel or lot not in conformance with this Chapter.
4.
Change in use not permitted. An existing non-conforming
use of a lot shall not cause further departures from the Zoning Ordinance.
Although an existing non-conforming use may be continued, except as
herein limited, it may not be changed to another use, except to a
similar use or to a use permitted in the district in which it is situated
and provided it complies with the requirements of this district.
5.
Abandonment/discontinuance. When a non-conforming
use of a parcel or lot is abandoned or discontinued for a period of
one (1) year or more, the parcel or lot shall not thereafter be used
except in conformance with the regulations of the district in which
it is located.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Where,
on the date of adoption or amendment of this Chapter, a lawful building
or structure exists that could not be built under the regulations
of this Chapter by reasons of restrictions upon lot area, lot width,
lot coverage, height, off-street parking, setbacks or other characteristics,
such building or structure may be continued so long as it remains
otherwise lawful subject to the following provisions:
1.
Enlargement. No existing building or structure not
permitted by this Chapter in the district in which it is located,
except when required to do so by law or order, shall be enlarged,
constructed, reconstructed or structurally extended or altered. No
physical alteration of structures or placement of new structures on
open land shall occur if such activity results in:
2.
Destruction/restoration. When a building, the use
of which does not conform to the provisions of this Chapter, is damaged
by an act of God, fire, explosion or any public enemy, to the extent
of more than sixty percent (60%) of its appraised value as established
by the St. Louis County Assessor's records or by a certified appraiser,
it shall not be restored except in conformity with the regulations
of the district in which the building is situated; except however,
such a building 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. The remnants of any damaged building not
to be restored shall be totally removed within six (6) months from
the time of damage, unless extended by the City Council. Restoration
of damaged buildings shall be completed within six (6) months from
the time of damage, unless extended by the City Council.
3.
Relocation. Should any such building or structure
be moved for any reason for any distance, it shall thereafter conform
to the regulations of the district in which it is located after it
is moved.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Where,
on the date of adoption of this Chapter, a lawful use of a lot, building
or structure exists that is no longer permissible under the regulations
of this Chapter, such use may be continued so long as it remains otherwise
lawful subject to the following provisions:
1.
Enlargement. No existing building or structure devoted
to a use not permitted by this Chapter in the district in which it
is located shall be enlarged, constructed, reconstructed or structurally
extended or altered except in changing the use of such building or
structure to a use permitted in the district in which such building
or structure is located.
2.
Increase in intensity. The volume, intensity or
frequency of use of the building or structure may not be increased
and the equipment or processes used at a location where non-conformity
exists may not be changed if these or similar changes cause an increase
in the degree of activity.
3.
Change in use not permitted. An existing non-conforming
use of a building or structure shall not cause further departures
from the Zoning Ordinance. Although an existing non-conforming use
may be continued, except as herein limited, it may not be changed
to another use, except to a similar use or to a use permitted in the
district in which it is situated and provided it complies with the
requirements of this district.
4.
Abandonment/discontinuance. When a non-conforming
use of a building or structure is abandoned or discontinued for a
period of one (1) year or more, the building or structure shall not
be used except in conformance with the regulations of the district
in which it is located.
[Ord. No. 3674 §§1—3, 8-17-2005]
Repairs and normal maintenance required to keep buildings in
a safe and sanitary condition may be made to non-conforming buildings
or structures, provided that no alterations shall be made except those
required by law or ordinance, unless the building or structure is
changed to a conforming use in compliance with this Chapter.
[Ord. No. 3674 §§1—3, 8-17-2005]
Nothing in this Chapter shall be deemed to require a change
in plans, construction or designated use of any building on which
actual construction was lawfully begun prior to the effective date
of adoption or amendment to this Chapter, nor shall nothing contained
herein require any change in the plans or designated use of a building
for which a building permit has been heretofore issued or plans or
subdivision plats which have been previously approved, but not yet
constructed, prior to the adoption of this Chapter.
[Ord. No. 3674 §§1—3, 8-17-2005]
Any use existing prior to the adoption of this Chapter, permitted
as a Special Land Use Permit in a district under the terms of this
Chapter, shall be deemed a Special Land Use Permit in such district
and shall without further action be considered a conforming use.
[Ord. No. 3674 §§1—3, 8-17-2005]
Where a non-conforming use exists and a conforming use is proposed,
the existing non-conforming use must cease upon initiation of the
conforming use. No joint use of buildings, structures and/or lots
by a conforming and non-conforming use shall be permitted.
