[R.O. 2006 §400.230; CC 1986 §42.700]
A. Provisions
relating to non-conforming uses and buildings shall be as follows:
1. The lawful use of land which does not conform to the provisions of
this Chapter shall be discontinued within one (1) year from the date
of the approval of this Chapter and use of land and signs and bulletin
boards which become non-conforming by reason of a subsequent change
in the Zoning Code of the City of Willow Springs, Missouri, shall
also be discontinued within one (1) year from the date of the change.
2. The lawful use of a building existing at the time of the effective
date of this Chapter may be continued, although such use does not
conform to the provisions of this Chapter. If no structural alterations
are made, a non-conforming use of a building may be changed to another
non-conforming use of the same or of a more restricted classification.
Whenever a non-conforming use has been changed to a more restricted
use or to a conforming use, such use shall not thereafter be changed
to a less restricted use.
3. Whenever the use of a building becomes non-conforming through a change
in zoning requirements or district boundaries, such use may be continued
and if no structural alterations are made, it may be changed to another
non-conforming use of the same or of a more restricted classification.
4. Whenever a non-conforming use of a building or structure or part
thereof has been discontinued for a period of twelve (12) consecutive
months or for a continuous period of eighteen (18) months if the building
was originally designed and constructed for a non-residential use,
such use shall not, after being discontinued or abandoned, be re-established
and the use of the premises thereafter shall be in conformity with
the regulations of the district.
5. Where no enclosed building is involved, discontinuance of a non-conforming
use for a period of six (6) months shall constitute abandonment.
6. No existing building or premises devoted to a use not permitted in
the district in which such building or premises is located, except
when required to do so by law or order, shall be enlarged, extended,
reconstructed or structurally altered, unless such use is changed
to a use permitted in the district in which such building or premises
is located.
7. Any building or structure containing a non-conforming use which is
damaged by fire, flood, wind or other act of God or man to the extent
of fifty percent (50%) or more of its fair sales value immediately
prior to damage shall not be repaired or reconstructed except in conformity
with the provisions of this Chapter. In the event that the Building
and Zoning Officer's estimate of the extent of damage of fair sales
value is not acceptable to the applicant for the building permit to
repair or reconstruct such building or structure, the applicant may
appeal to the Board of Adjustment.
8. No building or structure designed or intended to be utilized for
a non-conformant use shall be constructed or allowed unless construction
is already underway at the time of the enactment of this Zoning Code
or subsequent amendment of the Zoning Code prosecuted so that such
building or structure will be completed within eighteen (18) months
from the time of the enactment or subsequent amendment of this Zoning
Code. All outstanding building permits for construction which do not
meet these requirements shall be rendered null and void by the enactment
or subsequent amendment of this Zoning Code.