[Ord. No. 20 §7, 4-5-1984; Ord.
No. 293 §1, 3-6-1997]
A. Where
on the date of enactment of the City of Cottleville zoning ordinances
or any amendment of the City of Cottleville zoning ordinances, a lawful
use of a tract or lot or of a building or structure exists or a building
or structure exists which was in compliance with all height, area
and lot requirements of the zoning regulations in effect before the
enactment or amendment of the City of Cottleville zoning ordinances
which is no longer permissible under the provisions of the City of
Cottleville zoning ordinances or under the provisions of the City
of Cottleville zoning ordinances as hereafter amended, such use may
be continued and such building or structure maintained, so long as
it remains otherwise lawful, subject to the following provisions:
1. No such non-conforming use of a tract or lot or of a building or
structure shall be enlarged, expanded or extended to occupy a greater
area of land or floor space than was occupied on the date of enactment
or amendment of the City of Cottleville zoning ordinances and no additional
non-conforming principal or accessory use, building or structure shall
be established thereon or therein.
2. No such non-conforming use of a tract or lot or of a building or
structure shall be moved in whole or in part to any other portion
of such tract or lot or of such building or structure not used or
occupied on the date of enactment or amendment of the City of Cottleville
zoning ordinances.
3. If such non-conforming use of a tract or lot or of a building or
structure ceases for any reason, other than governmental action which
actually causes such cessation, for a period of more than one (1)
year, the subsequent use of such tract or lot or of such building
or structure shall conform to the regulations and provisions set by
the City of Cottleville zoning ordinances as enacted or hereafter
amended for the district in which such tract or lot is located.
4. No such building or structure which is non-conforming as to any height,
area or lot requirements may be enlarged, expanded, extended or altered
unless its height, area or lot non-conformity is removed or a variance
is granted by the Board of Adjustment allowing enlargement, expansion,
extension or alteration of the building or structure.
5. Should any such building or structure which is non-conforming as
to any height, area or lot requirements be destroyed by any means
to an extent of more than fifty percent (50%) of its replacement cost
at the time of destruction, it shall not be reconstructed except in
conformity with all the regulations and provisions of the City of
Cottleville zoning ordinances as enacted or as hereafter amended.
6. Should any such building or structure which is non-conforming as
to any height, area or lot requirements be moved for any reason, it
shall thereafter conform to the regulations of the district in which
it is located after it is moved.
7. Repairs and normal maintenance required to keep buildings and structures
which are non-conforming as to any height, area or lot requirements
in a safe 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
be conforming with the City of Cottleville zoning ordinances as enacted
or as hereafter amended.
8. There may be a change of tenancy, ownership or management of an existing
non-conforming use, building or structure, provided there is no change
in the nature, character, extent or intensity of such non-conforming
use, building or structure.