[Ord. No. 7249 §1, 2-13-2006]
A "non-conforming use" is a land or building(s)
within the City of Florissant that does not conform to this Chapter.
A non-conforming use may often have a detrimental affect on the land
use around it, such as increased traffic on residential streets, not
enough parking spaces, the emission of noxious fumes, the creation
of loud noises or a depressing effect on property values. These regulations
are intended to minimize the existing and/or potential problems created
by non-conforming uses.
[Ord. No. 7249 §1, 2-13-2006]
The lawful use of any building, structure or land existing as
of February 13, 2006, may be continued, although such use does not
conform with the provisions of this Chapter, under the conditions
contained within this Article.
[Ord. No. 7249 §1, 2-13-2006]
Non-conforming uses of a less permanent nature are not to be
expanded and they shall be abolished or reduced to conformity as quickly
as the fair interest to the parties will permit.
[Ord. No. 7249 §1, 2-13-2006]
Nothing in this Chapter shall prevent the strengthening or restoring
to a safe condition of any portion of a building or structure declared
unsafe by a proper authority within the limitations contained within
the following Section.
[Ord. No. 7249 §1, 2-13-2006]
A non-conforming building or structure may be altered, improved
or reconstructed, provided such work is not to an extent exceeding
in aggregate cost twenty-five percent (25%) of the reasonable value
of the building or structure, unless the building or structure is
changed to a conforming use. The regraveling of an existing gravel
driveway and parking space serving a single-family residential property
shall not be deemed an alteration hereunder.
[Ord. No. 7249 §1, 2-13-2006]
A non-conforming use shall not be extended, but the extension
of a lawful use to any portion of a non-conforming building or structure
which existed prior to February 13, 2006, shall not be deemed the
extension of such non-conforming use.
[Ord. No. 7249 §1, 2-13-2006]
Nothing herein contained shall require any change in plans,
construction or designated use of a building or structure for which
a Building Permit has been issued and the construction of which shall
have been diligently prosecuted within ninety (90) days of the date
of such permit.
[Ord. No. 7249 §1, 2-13-2006]
Nothing in this Article shall prevent the reconstruction, repairing,
rebuilding and continued use of any non-conforming building or structure
damaged by fire, collapse, explosion or acts of God, subsequent to
February 13, 2006, wherein the expense of such work does not exceed
sixty percent (60%) of the reasonable value of the building or structure
at the time of such damage.
[Ord. No. 7249 §1, 2-13-2006]
No non-conforming building, structure or use shall be changed
to another non-conforming use except to one of the same or less objectionable
character as the present non-conforming use.
[Ord. No. 7249 §1, 2-13-2006]
A.
A non-conforming
use of a building or premises which has been abandoned shall not thereafter
be returned to such non-conforming use. A non-conforming use shall
be considered abandoned:
1.
When the intent of the owner to discontinue the use is apparent;
or
2.
When the characteristic equipment and the furnishings of the non-conforming
use have been removed from the premises and have not been replaced
by similar equipment within one (1) year, unless other facts show
intention to resume the non-conforming use; or
3.
When it has been replaced by a conforming use.
[Ord. No. 7249 §1, 2-13-2006]
No non-conforming use shall be extended to displace a conforming
use.
[Ord. No. 7249 §1, 2-13-2006]
Nothing in this Chapter shall be interpreted as authorization
for or approval of the continuance of the use of a structure or premises
in violation of zoning regulations in effect at the time of or prior
to February 13, 2006.
[Ord. No. 7249 §1, 2-13-2006]
Whenever the boundaries of a District shall be changed so as
to transfer an area from one District to a District of another classification,
the foregoing provisions shall also apply to any non-conforming uses
existing therein.
