Bridgeton City Zoning Code
SECTION 410
070 Non-Conforming Buildings and Uses.
[Ord. No. 70-25 §7, 3-18-1970; Ord. No. 70-97, 11-18-1970; Ord. No. 97-62, 9-17-1997]
A.
Continuance Of Use.
1.
Any lawfully established use of a building or land, at the effective date of this Chapter or of amendments thereto, that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal non-conforming use and may be continued, except as otherwise provided herein.
2.
Any legal non-conforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.
3.
Any building for which a permit has been lawfully granted prior to the effective date of this Chapter, or of amendments thereto, may be completed in accordance with the approved plans; provided construction is started within six (6) months and diligently pursued to completion. Such building shall thereafter be deemed a lawfully established building.
B.
Discontinuance Of Use.
1.
Whenever any part of a building, structure or land occupied by a non-conforming use is changed to or replaced by a use conforming to the provisions of this Chapter, such premises shall not thereafter be used or occupied by any non-conforming use, even though the building may have been originally designed and constructed for the prior non-conforming use.
2.
Whenever a non-conforming use of a building or structure, or part thereof, has been discontinued for a continuous period of six (6) months if the building was originally designed and constructed for a non-residential use, or whenever there is evident a clear intent on the part of the owner to abandon a non-conforming 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.
3.
Where no enclosed building is involved, discontinuance of a non-conforming use for a period of six (6) months shall constitute abandonment.
C.
Change Of Use.
1.
A non-conforming use of a building or structure, or part thereof, may be changed to a use of the same or of a more restricted classification but may not thereafter be changed to any less restricted use.
2.
Any part of a building, structure or land occupied by a non-conforming use which is changed to or replaced by a use conforming to the provisions of this Chapter shall not thereafter be used or occupied by a non-conforming use.
D.
Termination And Removal Of Non-Conforming Use.
1.
The period of time during which the following non-conforming uses of buildings, structure or land may continue or remain shall be limited to two (2) years from the effective date of the original ordinance, or for two (2) years from any amendment thereto which causes the use to be non-conforming. Every such non-conforming use shall be completely removed from the premises at the expiration of the two (2) year period.
a.
Any non-conforming building or structure having a fair cash market value not in excess of one thousand dollars ($1,000.00) on the effective date of this Chapter.
b.
Any of the following non-conforming structures which are not attached to a building and existed lawfully on the effective date of this Chapter: Non-conforming signs, billboards, and outdoor advertising structures.
c.
Any non-conforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building other than automobile wrecking yards and junk yards. However, public or private off-street parking lots lawfully established prior to the effective date of this Chapter shall not be affected by this provision.
2.
No junk or automobile wrecking yard shall be operated or maintained for more than thirty-six (36) months after a zoning change to a use district within which such use is not permitted, except that in an "M-1" Limited Manufacturing District, the Board of Adjustment may permit, for a specified time, the continued use of an area containing an automobile wrecking yard or junk yard provided that a six (6) foot high masonry wall or substantial sightly tight fence be constructed around such areas.
E.
Repairs And Alterations.
1.
Normal maintenance of a building or other structure containing a non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use.
2.
No structural alterations shall be made in a building or other structure containing a non-conforming use, except in the following situations:
a.
When the alteration is required by law.
b.
When the alteration will actually result in eliminating the non-conforming use.
c.
When the alteration improves the appearance of a non-conforming building, such as a new store front or the elimination of a porch.
d.
When a building containing residential non-conforming uses may be altered in any way to improve livability, provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.
F.
Damage And Destruction. If a building or other structure containing a non-conforming use is damaged or destroyed by any means to the extent of sixty percent (60%) or more of its replacement value at that time, the building or other structure may be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than sixty percent (60%) of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building which existed at the time of such partial destruction may be continued. Restoration or repair of the building or other structure must be started within a period of one (1) year and diligently pursued to completion. The extent of the damage shall be established by estimates made by the City Engineer. An appeal from the decision of the City Engineer may be taken by the owner or agent of the property involved in the manner set forth in the Appeals Section of this Chapter.
G.
Additions And Enlargements.
1.
A non-conforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use and is made to conform to all the regulations of the district in which it is located.
2.
No building partially occupied by a non-conforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such non-conforming use.
3.
No non-conforming building in any residential district shall be so altered as to increase the number of dwelling units therein.
4.
No non-conforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the lot as it existed at the effective date of this Chapter, or to displace any conforming use in the same building or on the same parcel.
H.
Exceptions.
1.
Wherever a lawfully existing building or structure otherwise conforms to the use regulations of this Chapter, but is non-conforming only in the particular manner hereinafter specified, the building and use thereof shall be exempt from the requirements of Section 410.070(D) and (E).
a.
In any "R" District, where a dwelling is non-conforming, only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein.
b.
In any "R" District, where a use permitted in the "B-1" District occupies ground floor space within a multiple-family dwelling located on a corner lot.
c.
In any "B" or "M" District, where the use is less distant from an "R" District than that specified in the regulations for the district in which it is located.