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City of Crestwood, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 3140, § 1(8.01), 11-14-1989]
The provisions of this division shall apply to all nonconforming uses, lands, and structures. A nonconforming land use or structure is one which existed lawfully whether by variance or otherwise, on the date this article or any amendment thereto became effective, and which fails to conform to one or more of the applicable regulations of this article or such amendment thereto.
Such nonconformities may be incompatible with and detrimental to permitted land uses and structures in the zoning districts in which they are situated; they inhibit present and future development of nearby properties; and they confer upon their owners and users a position of unfair advantage.
[Ord. No. 3140, § 1(8.02), 11-14-1989]
Nonconformities are not to be expanded, and they should be abolished or reduced to conformity as quickly as the fair interest to the parties will permit.
[Ord. No. 3140, § 1(8.03), 11-14-1989]
Where, on the date of adoption or amendment of this article, a lawful use of a parcel or lot exists that is no longer permissible under the provisions of this article or amendment thereto, such principal use may be continued so long as it remains otherwise lawful subject to the following provisions:
(a) 
Enlargement. No such nonconforming use of a parcel or lot shall be enlarged, expanded or extended to occupy a greater area of land than was occupied on the date of adoption or amendment of this article and no additional accessory use, building, or structure shall be established thereon.
(b) 
Relocation. No such nonconforming use of a parcel or lot shall be moved in whole or in part to any other portion of such parcel or lot not so occupied on the date of adoption of this article or amendment thereto or to a parcel or lot not in conformance with this article.
(c) 
Discontinuance. If such nonconforming use of a parcel or lot ceases for any reason for a period of more than 180 consecutive days (except where government action causes such cessation) the subsequent use of such parcel or lot shall conform to the regulations and provisions set by this article for the district in which such parcel or lot is located.
[Ord. No. 3140, § 1(8.04), 11-14-1989]
Where, on the date of adoption or amendment of this article, a lawful building or structure exists that could not be built under the regulations of this article or amendment thereto by reason of restrictions upon lot area, lot width, lot coverage, height, open spaces, off-street parking, loading spaces and setbacks, or other characteristics, such building or structure may be continued so long as it remains otherwise lawful subject to the following provisions:
(a) 
Enlargement.. Such building or structure may be enlarged, expanded, extended, or altered only if nonconformity is removed.
(b) 
Damage. Should any such building or structure be damaged by any means to an extent of more than 50% of its replacement cost at the time of damage, it shall not be reconstructed except in conformity with the provisions of this article.
(c) 
Relocation. Should any such building or structure be moved for any reason for any distance, it shall thereafter conform to the regulations of the district in which it is located after it is moved.
[Ord. No. 3140, § 1(8.05), 11-14-1989]
Where, on the date of adoption or amendment of this article, a lawful use of a building or structure exists that is no longer permissible under the regulations of this article or amendment thereto, such use may be continued so long as it remains otherwise lawful subject to the following provisions:
(a) 
Enlargement. An existing building or structure shall not be enlarged, constructed, reconstructed, moved, or structurally extended or altered except to change the use of such building or structure to a use permitted in the district in which such building or structure is located.
(b) 
Change in use not permitted. Although an existing nonconforming use may continue, except as hereinafter limited, it may not be changed to another use, except a use permitted in the district in which it is situated.
(c) 
Discontinuance. When a nonconforming use of a building or structure is discontinued or abandoned for more than 180 consecutive days (except where government action prevents access to the premises) the building or structure shall not thereafter be used except in conformance with the regulations of the district in which it is located.
[Ord. No. 3140, § 1(8.06), 11-14-1989]
(a) 
Nothing in this article shall be deemed to prohibit the restoration of any structure and its use where such structure has been damaged by any means out of the control of the owner to an extent less than 50% of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any foundation adaptable to a conforming use) at the time of damage, provided the restoration of such structure and its use in no way increases any former nonconformity, and provided further that restoration of such structure is begun within 180 days of such damage and diligently prosecuted to completion within two years following such damage.
(b) 
Whenever such structure has been damaged to an extent of more than 50% of its replacement value (excluding the value of the land, the cost of preparation of land and the value of any foundation adaptable to a conforming use) at the time of damage, as determined by the Director of Public Works, or by any means within the control of the owner to any extent whatsoever, the structure shall not be restored except in full conformity with all regulations of the district in which such structure is situated.
(c) 
When a structure is determined to be in violation of any applicable health or safety code by the Director of Public Works under any applicable ordinance of the City and the cost of placing the structure in condition to satisfy the standards under such ordinance shall exceed 50% of the reconstruction cost of the entire structure, such nonconforming structure shall not be restored for the purpose of continuing a nonconforming use.
(d) 
None of the restrictions contained in this section shall limit the authority of the Board of Zoning Adjustment to grant relief for reconstruction of a nonconforming structure, as provided in Division 13, Board of Zoning Adjustment.
[Ord. No. 3140, § 1(8.07), 11-14-1989]
Provided there is no change in the nature or character, extent or intensity of such nonconforming use, building or structure, other than signage, there may be a change of tenancy, ownership, or management of an existing nonconforming use, building or structure.
[Ord. No. 3140, § 1(8.08), 11-14-1989]
To avoid undue hardships, nothing in this article shall be deemed to require a change in plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this article and upon which actual building construction has been carried on diligently. Nothing herein contained shall require any change in the site plan or designated use of a building for which a building permit had been heretofore issued, or plans or final subdivision plats which have been approved by the City at the time of the passage of this article or amendment provided that actual construction is begun within 180 days of such permit issuance of approval thereto.
[Ord. No. 3140, § 1(8.09), 11-14-1989]
Any use existing at the time of adoption or amendment to this article and which is permitted as a conditional use in a district under the terms of this article or amendment shall be deemed a conforming use in such district, and shall without further action be considered a conforming use.
[Ord. No. 3140, § 1(8.10), 11-14-1989]
However, if through dedication of street right-of-way, the area of any lot or parcel already established via the provisions of the subdivision regulations is decreased below the minimum area required in the applicable zoning district, development rights shall not be denied.
[Ord. No. 3140, § 1(8.11), 11-14-1989]
A nonconformity shall not be deemed to have existed on the date this article or any amendment thereto became effective; unless:
(a) 
It was in being on a continuous basis and to its fullest extent on such date.
(b) 
If such nonconformity is a use, such use had not been abandoned.
In cases of doubt, and on specific questions raised, whether a nonconforming use exists shall be a question of fact and shall be decided by the Board of Aldermen after notice, a public hearing, and receipt of a report and recommendation of the Planning Commission.
[Ord. No. 3140, § 1(8.12), 11-14-1989]
Where a nonconforming use exists, and a conforming use is proposed, the nonconforming use must cease upon initiation of the conforming use. No joint use of either buildings, structures, and or land shall be permitted.
[Ord. No. 3140, § 1(8.13), 11-14-1989]
The existence of any present nonconformity anywhere in the City shall not itself be considered grounds for the issuance of a variance for other property.
[Ord. No. 3140, § 1(8.14), 11-14-1989]
Within five years of the date of the adoption of this article or the date of adoption of any applicable amendments to this article, any use which is or becomes a nonconforming use, shall be brought into conformance with the environmental performance standards established in Division 6, environmental performance standard regulations. Any use listed in this paragraph need not be discontinued in the event that the adoption of this article or amendments to this article changes the status of such use from that of a nonconforming use to that of a permitted use in the district in which it is located.