City of Harrisonville, MO ARTICLE II Non-Conforming Buildings, Structures and Uses

Section 405.050 Non-Conforming Buildings, Structures and Uses.

[Ord. No. 1825, 5-13-1991]

A. Statement Of Purpose. The purpose of this Section is to provide for the regulation of non-conforming uses, buildings and structures.

B. Authority To Continue Non-Conforming Buildings, Structures And Uses. Any non-conforming building, structure or use which existed lawfully at the time of adoption of this Chapter and which remains non-conforming and any such building, structure or use which shall become non-conforming upon the adoption of this Chapter or of any subsequent amendment thereto, may be continued in accordance with the regulations which follow.

C. Restrictions On Non-Conforming Buildings, Structures And Uses Thereof. Any lawfully existing building or structure which does not conform with the regulations of the district in which it is located shall be subject to the provisions of this Subsection.

1. Repairs. Ordinary repairs may be made to a non-conforming building or structure. Ordinary repairs shall be determined by the Director of Code Enforcement and shall include, among other things, the replacement of storage tanks where the safety of operation of the installation requires such replacement.

2. Alterations and enlargements.

a. A non-conforming building or structure which is non-conforming only as to height, yard, parking or loading regulations may be altered, including structural alterations, or enlarged provided such alteration or enlargement complies with the regulations and standards of this Chapter.

b. A non-conforming building or structure, all or substantially all of which is designed or intended for a use not permitted in the district where it is located, shall not be added to or enlarged unless such non-conforming buildings or structures and additions thereto are made to conform with all regulations herein for the district in which it is located.

3. Restoration Of Damaged Non-Conforming Building.

[Ord. No. 3450, 10-15-2018]

a. Buildings Not More Than Fifty Percent (50%) Damaged. A building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located and which is destroyed or damaged by fire or other casualty or act of God to the extent of not more than fifty percent (50%) of its true current value, may be restored to its original size and occupancy. Such restoration shall be completed within twelve (12) months of the date of damage, unless the reconstruction time is extended by the City Administrator for good cause shown. Provided any time for litigation shall not be counted in the twelve (12) month period.

b. Buildings More Than Fifty Percent (50%) Damaged. A building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located and which is destroyed or damaged by fire or other casualty or act of God to the extent greater than fifty percent (50%) of its true current value, shall be restored only if said building or structure and the use thereof shall conform to all regulations of the district in which it is located, unless it meets the conditions stated in Subsection (C)(3)(c) below. Such restoration shall be completed within twelve (12) months of the date of damage, unless the reconstruction time is extended by the City Administrator for good cause shown. Provided any time for litigation shall not be counted in the twelve (12) month period.

c. Non-Conforming Residential Buildings Damaged. A building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located and which is destroyed or damaged by fire or other casualty or act of God that is a single-family detached dwelling, duplex or townhouse of not more than two (2) laterally attached single-family dwellings, or a multi-family dwelling/townhouse not exceeding four (4) units may be reconstructed to its original size and occupancy regardless of the amount of damage. Such restoration shall be completed within twelve (12) months of the date of damage, unless the reconstruction time is extended by the City Administrator for good cause shown. Provided any time for litigation shall not be counted in the twelve (12) month period.

4. Discontinuance of use of non-conforming building or structure. A building, structure or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located and which is vacant on the effective date of this Chapter or thereafter becomes vacant and remains unoccupied or is not used for a continuous period of ninety (90) days, shall not thereafter be occupied or used, except by a use which conforms to the use regulations of the district in which it is located. A building or structure which is non-conforming only as to height, yard, parking or loading requirements shall not be subject to this provision.

5. Expansions of use in non-conforming building or structure. The non-conforming use of a part of a building or structure may be expanded within the building or structure in which said use is presently located, but no structural alterations shall be made unless such structural alterations and the use thereof conform to all regulations of the district in which the building or structure is located.

6. Change of use in non-conforming building or structure. The non-conforming use of a building or structure may be changed to a use permitted in the district in which the building or structure is located; but no change shall extend or otherwise modify any provision made in this Chapter for elimination of such non-conforming building or structure and the use thereof.

D. Non-Conforming Use Of Conforming Buildings Or Structures. The lawfully existing non-conforming use of part or all of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, may be continued subject to the following provisions:

1. Expansion of non-conforming use. The non-conforming use of a part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure, nor changed to any other non-conforming use.

2. Discontinuance. If a non-conforming use of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, is discontinued for a period of ninety (90) days, it shall not be renewed and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located.

3. Change of a non-conforming use. No non-conforming use shall be changed to another non-conforming use when such non-conforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.

E. Non-Conforming Use Of Land. The non-conforming use of land not involving a building or structure or where any building or structure thereon is merely incidental or accessory to the principal use of the land may be continued subject to the following provisions:

1. Expansion. A non-conforming use of land shall not be expanded or extended beyond the area it occupies.

2. Discontinuance. If a non-conforming use of land is discontinued for a period of ninety (90) days, it shall not thereafter be renewed unless the discontinuance is a result of seasonal agricultural use of the land and any subsequent use of land shall conform to the regulations of the district in which the land is located.

3. Change of use. A non-conforming use of land shall not be changed to any other use, except to a use permitted in the district in which the land is located.

4. Elimination of non-conforming use of land. The non-conforming use of land shall be discontinued and cease in accordance with the following:

a. Where no buildings or structures are employed in connection with such use, discontinued within one (1) year.

b. Where such use is maintained in connection with a conforming building or structure, except for inadequate off-street parking facilities may be continued for so long as the premises are so used.

c. Where a non-conforming use of land is accessory to the non-conforming use of a building or structure, discontinued on the same date on which the non-conforming use of the building or structure is discontinued.