[Ord. No. 330 §1(12), 7-12-1999]
A. Purpose. Any land or building that does not meet the requirements
and restrictions of this Chapter at the time of passage shall be considered
non-conforming. It is the intention of the City of Foristell that
all non-conforming uses of land and buildings will gradually and eventually
be eliminated. To this end, the following regulations shall apply
to non-conformities.
B. Land.
1. A non-conforming use of land shall not in any way be expanded or
extended so that it occupies a greater area of land than it did on
the date of the adoption of these regulations.
2. A non-conforming use of land shall not be modified in a way which
will increase the intensity of use. A non-conforming use of land shall
not be changed into another non-conforming use of land.
3. Additional structures associated or used in conjunction with the
non-conforming use of land shall not be erected on the premises, unless
the new structures meet the Building Codes of the City of Foristell.
4. If the non-conforming use of land is discontinued for a period of
longer than twelve (12) months, the use shall be considered as having
been abandoned. Subsequent use of the land shall be in conformance
with all the regulations and restrictions of the district in which
the land is located.
5. There may be a change in the ownership, tenancy or management of
an existing non-conforming use.
C. Buildings And Structures.
1. Any building or structure which houses a non-conforming use and which
has been destroyed or damaged by fire, explosion or act of God may
be restored and used as it was before it was damaged; except that:
a. Restoration shall not result in an increase in floor area or in building
height.
b. The restoration shall be started and completed within the time frame
set forth in the Building Code regulations.
2. An existing building or structure housing a non-conforming use may
be enlarged or altered under one (1) or more the following conditions:
a. Alteration or expansion is for the purpose of converting all of the
building to a conforming use.
b. Expansion and alterations are done according to the existing City
of Foristell Building Code.
c. Any non-conforming building or structure in a commercial or industrial
district shall not be permitted alteration or expansion unless an
attempt is made to bring the total building into compliance. Undue
financial burden or unfavorable structural conditions will be the
only exemptions and these are to be granted by the Board of Adjustment.
3. Whether a non-conforming use exists shall be a question of fact and
shall be determined by the Board of Adjustment after public hearing
and in accordance with the rules of the Board.
4. The non-conforming use of a building or structure shall not be modified
in a way which is designed to increase the intensity of use.
5. The non-conforming use of a structure or building which has been
discontinued for a period longer than twelve (12) months shall be
considered as having been abandoned. Subsequent use of the structure
shall be strictly in conformance with the regulations and restrictions
of the district in which the building is located.
6. There may be a change in tenancy, ownership or management of a building
or structure which houses a non-conforming use.
D. Non-Conforming Use Continuance. Any land or building that
is considered non-conforming for the district that it is in may continue
to be granted the non-conforming use as long as the above regulations
and restrictions are met and with any change in ownership, tenancy
or management of a non-conforming use the City of Foristell is notified
and a written acknowledgment is received by the City from the new
tenant, owner or management.
E. Any
building, structure or land being utilized under a conditional use
permit shall not be considered a non-conforming use. All conditions,
restrictions and regulations pertaining to the conditional use permit
shall be observed.
F. The
casual, intermittent, temporary or illegal use of land, buildings
or structures shall not be sufficient to establish the existence of
a non-conforming use. The existence of a non-conforming use on a part
of a lot or tract shall not be construed to establish a non-conforming
use on the entire lot or tract.
G. Whenever
the use of a building, structure or land becomes non-conforming through
an amendment to the Zoning Code or Zoning District Map, such use may
be continued. Where a lot of record at the time of the effective date
of this Chapter (July 12, 1999) has less area or width than herein
required in the district in which it is located, and the owner of
the lot does not own any other parcel or tract adjacent thereto, said
lot may be used for a single-family dwelling or for any non-dwelling
use permitted in the district in which it is located.