[CC 1986 § 42.806]
This Article applies only to buildings, structures, and non-building uses in existence on the effective date of this Chapter. The lawful use of any premises existing on the effective date of this Chapter may be continued although neither such use nor the bulk of the same conforms to the regulations, except as hereinafter follows:.
[CC 1986 § 42.810]
A. 
General Considerations. No building or structure constituting a non-conforming use shall be erected, constructed, reconstructed, enlarged, or altered, or repaired in such manner as to prolong the life of such building or structure, without a permit issued by the City.
B. 
Repair And Alterations. Normal maintenance and repair of a building or structure is permitted if it does not extend the non-conforming use. No alteration or enlargement shall be made in a building or structure occupied by a non-conforming use except:
1. 
When required pursuant to an order of a court of competent jurisdiction.
2. 
To adapt the building or structure to a conforming use, or
3. 
In a building or structure occupied by a non-conforming use permitted to extend under Subsection (E) below.
C. 
Change Of Use. Any non-conforming use may be changed to any conforming use, or, on application to and with the approval of the Board of Adjustment, to any use which the Board of Adjustment deems to be more similar in character with the uses permitted in the district in which the said change of use is proposed. Any non-conforming building, structure or non-building use may be changed to a conforming use regardless of whether the newly created conforming use is non-conforming as to bulk, subject to approval by the Board of Adjustment and subject to the same general considerations applicable to the granting of special permits in Article V of this Chapter.
D. 
Cessation Of Use. If active and continuous operations are not carried on in a non-conforming use during a continuous period of one (1) year in a non-residential district and two (2) years in a residential district, the building or land where such non-conforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operations shall not affect the foregoing.
E. 
Extension Or Enlargement. Extension or enlargement of a non-conforming use within the following areas is prohibited:
1. 
In the case of a non-conforming use in a building, the enlargement of such building so as to create additional floor area, or the extension within any existing building to any portion of the floor area therein not formerly used for such non-conforming use, except where such additional floor area was manifestly designed for such use became non-conforming, or the extension of the use to an area outside the building; and
2. 
In the case of a non-conforming non-building use, the use of any additional land on which no substantial operations were previously conducted; provided that any such extension or enlargement is on the same plot occupied by the non-conforming use on the effective date of this Chapter.
3. 
Damage And Destruction. No buildings or structure occupied by a non-conforming use, or non-conforming as to bulk, damaged by fire or other causes to the extent of fifty percent (50%) of the last full value as shown in the records located in the Assessor's office, excluding the assessed valuation of the land, shall be repaired or rebuilt except in conformity with the regulations of this Chapter. Any building, structure or any part thereof occupied by a non-conforming use or non-conforming as to bulk, which is damaged to an extent less than fifty percent (50%) of last full value as shown in the records located in the Assessor's office, excluding the assessed valuation of the land, may be repaired provided that a building permit is obtained and substantial reconstruction is undertaken within one (1) year after such damage; otherwise, such building, structure or part thereof shall thereafter be occupied only by a conforming use, and shall conform to the bulk regulations of this Chapter.
F. 
Non-Conforming Signs.
1. 
Non-Conformance. All existing signs which are not specifically permitted or which do not comply with all of the provisions of this Chapter, as of the date of adoption, shall be considered non-conforming sign and may not after the effective date of this Chapter be enlarged, structurally altered or extended unless such sign shall be made to comply with all of the provisions of this Chapter.
2. 
Repairs And Major Damage. Normal repairs and repainting of non-conforming signs are permitted; however, when a permanent non-conforming sign is damaged or destroyed by any means to the extent of fifty percent (50%) of its present-day replacement value, it shall not thereafter be restored unless such sign shall be made to conform to all provisions of this Chapter.
3. 
Temporary Signs. The following signs are deemed temporary in nature and value and shall, where non-conforming to the requirements of this Chapter, be removed within thirty (30) days after the effective date of adoption hereof:
a. 
Real estate signs.
b. 
Construction signs.
c. 
Paper signs.
d. 
Banners.
e. 
Pennants.
f. 
Wind propelled signs.
4. 
Permanent Signs.
a. 
All signs which are not temporary signs shall be treated as permanent signs.
b. 
Owners of all permanent non-conforming signs (except flashing and moving signs) shall have three (3) years from the date such signs first became non-conforming with respect to this Chapter or five (5) years from the date construction of said signs was completed, whichever period shall terminate last, to remove them or bring them into conformity with the provisions of this Chapter. The period of five (5) years is hereby declared to be the life of all permanent signs, pursuant to Section 64.650, RSMo.
c. 
Flashing and moving signs shall have thirty (30) days to conform to the provisions of this Chapter.
G. 
Non-Conforming Open Storage Yards, Outdoor Display Or Junk Yards. Any non-conforming open storage yard or any outdoor display or storage of merchandise in connection with an auction establishment or store specializing in secondhand merchandise which is non-conforming, either because not permitted in the district or because not located within a completely enclosed building, may be continued for three (3) years after the effective date of this Chapter; provided that after the expiration of that period, such non-conforming use shall then be terminated. However, no such use will be required to terminate if within said period it shall be located within a completely enclosed building. Any non-conforming junkyard may be continued for three (3) years after the effective date of this Chapter, provided that after the expiration of that period, such non-conforming use shall be terminated. However, no such use will be required to terminate if within said period it shall be surrounded with a uniformly painted solid fence no less than one (1) foot higher than the highest elevation of the materials stored within such junkyard, provided such fence shall be no higher than ten (10) feet, and shall be maintained in good condition at all times.
[CC 1986 § 42.820]
A. 
Residential Buildings Or Structures. Any existing one- or two-family residential building or structure or building thereto made non-conforming as to bulk by this Chapter or any amendment thereof, shall be permitted to comply with the yard requirements as specified for the highest residential district in the Chapter having the same or less lot width. In no event, however, shall the yard requirements of any lot be less than the requirements for the lowest residential district permitting same. No front yard may in any event be closer to the designated street line than the existing established setback.
B. 
All Other Buildings And Structures. Normal maintenance and repair, structural alteration in and moving, reconstruction or enlargement of a building or structure with non-conforming bulk is permitted if the same does not increase the degree of or create any new non-conforming bulk in such building or structure.
C. 
Non-Conforming Lots Without Buildings Or Structures. A lot separated from any other land in the same ownership (see definition of "same ownership"), and non-conforming as to bulk, on the effective date of this or any subsequent zoning ordinance amendment, whether or not located in and part of a subdivision plat approved by the Planning and Zoning Commission and filed in the office of the Recorder of Deeds, may be used for any permitted or special use in the zoning district in which the lot is located, provided that such uses shall comply with the bulk and area regulations as specified in the highest residential district having the same or less lot width; and for all non-residential lots and for all residential lots having less than one hundred (100) feet of lot width, the following minimum regulations shall apply:
1. 
The minimum width of each required side yard shall be ten (10) feet in AG or R1 districts and five (5) feet in R2 districts.
2. 
The total width of both required side yards may be reduced nine (9) inches for each foot the lot width is less than that specified in the Table of General Bulk Regulations.[1]
[1]
Editor's Note: Said table is included as an attachment to this Chapter.
3. 
The minimum lot width and lot frontage shall be sixty (60) feet and minimum lot area shall be not less than fifty percent (50%) of the minimum required lot area for the district in which the property is located.
D. 
Attachment Of Non-Conforming Lots. Any separate lot non-conforming as to bulk, which becomes subsequently attached to other adjoining land in the same ownership, shall be entitled to the benefit of the provisions outlined above only if the total continuous lot remains non-conforming as to bulk after the lots become attached.