City of Pacific, MO Article VII Non-Conforming Use or Structure

Section 400.270 Non-Conforming Use or Structure.

[Ord. No. 2327 §1, 3-18-2003]

A. Non-Conformity.

1. A non-conforming lot, land use or structure is one which existed lawfully, whether by variance or otherwise, on the effective date of this Chapter or any amendment thereto and which fails to conform to one (1) or more of the applicable regulations of this Chapter or any amendment thereto. A non-conformity shall not be deemed to have existed on the date this Chapter or any amendment thereto becomes effective, unless:

a. It has been consistently in use after such effective date at the same level or intensity as of the date of adoption or amendment of this Chapter; and

b. If such non-conformity is a use, such use has not been expanded or abandoned as hereinafter defined.

2. Such non-conformities may be incompatible with and detrimental to permitted land uses and structures in the zoning districts in which they are situated; they may inhibit present and future development of nearby properties in accordance with the Comprehensive Plan and they confer upon their owners and users a position of unfair advantage.

B. Statement Of Intent. Non-conformities are not to be expanded and they should be abolished or minimized as quickly as the fair interest of the parties will permit.

C. Non-Conforming Lots. Conforming structures with permitted uses may be built on lots of record that were made non-conforming by this Chapter as to dimensions or area; provided however, that such structures shall conform as to setbacks and all other regulations of this Chapter which do not relate to area or dimensions of the lot provided that:

1. Except as further required by Section 400.235 (parking and loading requirements), existing impervious surface on any non-conforming lot used for any use other than residential use shall not be expanded or enlarged either:

a. By more than five thousand (5,000) square feet, or

b. By more than ten percent (10%) of its lot coverage existing on the date of passage of this Chapter or any amendments hereto, whichever is less, unless it shall thereafter comply with all requirements of this Chapter including, but not limited to, off-street parking and loading, landscaping, stormwater and erosion control, floor area ratio and other applicable provisions.

2. Where multiple development plan requests for a single project have been submitted and/or approved over any period of time after the effective date of this Chapter where potential impacts exceed criteria in Subsection (A)(2) above or together may create a substantial impact, the City shall require any new development plan application to include the elimination of all site-related non-conformities.

D. Non-Conforming Uses And Structures.

1. Authority to continue. Any lawfully existing non-conforming use of part or all of a structure or only involving a structure which is accessory to such use of land and any non-conforming structure which is devoted to an otherwise permitted use may be continued, so long as such use or structure remains otherwise lawful, subject to the provisions contained in this Section 400.270.

2. Ordinary repair and maintenance.

a. The normal maintenance and repair or replacement, installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing may be performed on any structure that is devoted in whole or in part to the non-conforming use or on any structure which is non-conforming. Neither this nor any other provision of this Chapter shall be interpreted to authorize:

(1) Any increase in the size or degree of the non-conforming use or structure, or

(2) Any violation of the provisions of any other Subsections of this Section.

b. Nothing in this Chapter shall be deemed to prevent the strengthening or restoring of a structure to a safe condition in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition (where such restoration will not be in violation of Section 400.270(D)(3)).

3. Major rehabilitation or structural alterations. A non-conforming structure or structures devoted in whole or in part to a non-conforming use shall not be extensively renovated, remodeled, rehabilitated nor shall the structural systems of the building be altered unless the entire structure and use of the structure shall thereafter conform to all provisions of this Chapter and of the zoning district in which the use is located.

4. Extension. A non-conforming structure or use shall not be extended, expanded or enlarged or intensified.

5. Damage, decay, destruction. In the event that any non-conforming structure or any structure devoted in whole or in part to a non-conforming use is extensively damaged or becomes extensively deteriorated or is destroyed by any means to an extent equaling greater than fifty percent (50%) of its fair market value, such structure shall not be restored except in conformity with all applicable provisions of this Chapter including the regulations of the zoning district in which the building is situated.

6. Moving. No non-conforming structure or 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 in the City of Pacific on the same or any other lot unless the entire structure and use thereof shall thereafter conform to all provisions of the zoning district in which it is located after being so moved.

7. 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.

8. Non-conforming accessory uses. No use which is accessory to a principal non-conforming use shall continue after such principal non-conforming use shall cease or terminate.

E. Abandonment Of Non-Conforming Uses.

1. Any non-conforming use which has been abandoned shall not thereafter be re-established. Any structure or land or structure and land in combination, which was formerly devoted to a non-conforming use which has been abandoned, shall not again be devoted to any use other than those uses which are permitted in the district in which the structure or land or structure and land in combination is situated.

2. The term "abandonment", as used herein, shall mean the voluntary discontinuance of a use when accompanied by an intent not to re-establish such use. Any one (1) of the following shall constitute prima facie evidence of intent to abandon:

a. Any positive act indicating such intent;

b. Any conscious failure to take all necessary steps to resume the non-conforming use with reasonable dispatch under the circumstances, including advertising the property for sale or for lease;

c. In the case of a structure or of a structure and land in combination, discontinuance of the non-conforming use for ninety (90) consecutive days; or

d. In the case of land only, discontinuance of the non-conforming use for ninety (90) consecutive days or for an aggregate of six (6) months during any one (1) year period.