[R.O. 2009 § 420.010; Ord. No. 3865, 10-25-2018[1]]
A.
In General. This Section governs Non-Conforming Uses or Structures, as defined by Section 400.030.
B.
General Provisions.
1.
Structures may be built on Lots of
Record that were made non-conforming by this Code as to size, width,
or area; provided, however, that such Structures shall conform to
Setbacks and other regulations of the Zoning District in which the
Lot is located.
2.
No Non-Conforming Use shall be enlarged
or extended unless such use is changed to a Permitted Use or Use allowed
by Special Use Permit and complies with the requirements in the Zoning
District in which the use is located. No Non-Conforming Structure
shall be enlarged, reconstructed, or Structurally Altered unless it
is brought into compliance with the requirements in the Zoning District
in which the Structure is located, except as otherwise provided herein.
3.
No Non-Conforming Use or Structure
shall be moved in whole or in part for any distance whatsoever to
any other location on the same or any other Lot unless the entire
Structure or use shall thereafter conform to the provisions of the
Zoning District in which it is located after being moved.
4.
The existence of any present Non-Conforming
Use or Structure anywhere in the City shall not be considered grounds
for issuance of a Variance at another location.
5.
The number of Dwelling Units in a
Non-Conforming Residential Dwelling shall not be increased.
6.
If a Non-Conforming Structure is
damaged by fire, explosion, acts of God, or public rioting to the
extent of sixty percent (60%) or less of its reconstruction value
as determined by data in the office of the Assessor of St. Louis County,
it may be restored and not lose its non-conforming status; provided,
however, that its restoration may not result in the Non-Conforming
Structure or Use being enlarged.
C.
Ordinary Repair And Maintenance.
1.
The normal maintenance and repair
or the replacement, installation, or relocation of non-bearing partitions,
fixtures, wiring, or plumbing may be performed on any Structure that
is Non-Conforming or that contains a Non-Conforming Use. Neither this
nor any other provision of this Section shall be interpreted to authorize
any increase in the size or degree of the Non-Conforming Use or Structure.
2.
Nothing in this Section shall be
deemed to prevent the strengthening or restoring of a Non-Conforming
Structure to a safe condition in accordance with an order of a public
official who is charged with protecting the public safety and who
declares such Structure to be unsafe and orders its restoration to
a safe condition.
D.
Discontinuance Of Non-Conforming Use Or
Structure.
1.
In the event the Non-Conforming Use
or use of a Non-Conforming Structure is discontinued for a period
of nine (9) months, regardless of an intent not to abandon or to again
resume such Non-Conforming Use or occupy or use such Non-Conforming
Structure, any subsequent use or occupancy of such Non-Conforming
Structure shall comply with provisions of this Code, including of
the regulations of the Zoning District in which the Structure or use
is located.
2.
Where no enclosed Structure is involved,
in the event the Non-Conforming Use or use of the Non-Conforming Structure
is discontinued for a period of three (3) months, regardless of an
intent not to abandon or to again resume such use or occupy or use
such Structure, any subsequent use or occupancy of such Structure
shall comply with provisions of this Code including those of the Zoning
District in which the Structure or use is located.
3.
Nothing in this Code shall prevent
the continuance of a Non-Conforming Use or Structure as authorized
in this Code unless a discontinuance is necessary for the safety of
life and property.
E.
Transfer Of Ownership. A Non-Conforming
Use or Structure or the Lot on which such is located may be sold or
transferred by its owner or any future owner or owners, and such new
and future owner and owners shall be entitled to continue the Non-Conforming
Use or Structure in conformance with this Section.
