Clayton City Zoning Code
ARTICLE IV
Non-Conforming Uses
Section 405.420 Purpose and Intent
[Ord. No. 5814 §1(4.1), 4-27-2004]
Within the City of Clayton certain lots, structures and uses of land which were lawful prior to the adoption or amendment of the Zoning Ordinance may have become prohibited under the terms of this revision. This Article is intended to declare that such non-conformities are incompatible with the permitted or conditional uses but to permit non-conformities to continue until they are removed. This Article prohibits non-conformities from being extended, expanded, enlarged or increased in intensity.
Section 405.430 Non-Conforming Structures
[Ord. No. 5814 §1(4.2), 4-27-2004]
A.
Any non-conforming structure which is associated with a conforming use may remain as a non-conforming structure, subject to the following provisions:
1.
Enlargement, repair, alterations. Any such structure may be enlarged, maintained, repaired or remodeled; provided however, that no such enlargement, maintenance, repair or remodeling shall either create any additional non-conformity or increase the degree of existing non-conformity of all or any part of such structure.
2.
Moving. No non-conforming structure shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot, unless the entire structure shall thereafter conform to the provisions of the zoning district in which it is located after being moved.
Section 405.440 Non-Conforming Uses
[Ord. No. 5814 §1(4.3), 4-27-2004]
A.
Any non-conforming use of part or all of a structure or any non-conforming use of land may be continued, so long as otherwise lawful, subject to the following provisions:
1.
Ordinary repair and maintenance. Normal maintenance and incidental repair or replacement, installation or relocation of non-bearing walls, non-bearing partitions, fixtures wiring or plumbing may be performed on any structure.
2.
Remodeling. No structure shall be remodeled unless the use thereof shall thereafter conform to all provisions of the Zoning Code. For purposes of this Section, the term "remodel" shall mean to reconstruct or relocate exterior walls, bearing walls or bearing partitions; or to substantially alter the exterior appearance of a building by adding or removing architectural elements by changing the roof line or by closing up or relocating door or window openings.
3.
Expansion of use. No non-conforming use of a lot or building shall be enlarged, expanded or extended to occupy a greater area of a lot or building than was occupied on the effective date of this Zoning Code or amendment thereto and no additional accessory use, building or structure shall be established thereon.
4.
Enlargement of building or structure. No building or structure that is devoted in whole or in part to a non-conforming use shall be enlarged or added to in any manner, unless such building or structure addition and the entire use thereof (both existing space and the addition) shall thereafter conform to all provisions of the Zoning Code.
5.
Moving. No structure that is devoted in whole or in part to a non-conforming use shall be moved in the whole or in part for any distance whatsoever, to any location on the same or any other lot, unless the entire structure and use thereof shall conform to all provisions of the zoning district in which it is located after being so moved.
6.
Change in use. A non-conforming use shall not be changed to any use other than a use permitted in the zoning district in which the use is located. When a non-conforming use has been changed to any permitted use, it shall not thereafter be changed back to a non-conforming use.
7.
Abandonment or discontinuance. In the event that the non-conforming use of any building or premises is discontinued for a period of one (1) year, regardless of any reservations of an intent not to abandon or resume such use, any subsequent use or occupancy of such structures shall comply with provisions of this Chapter including those of the zoning district in which the structure is located.
8.
Non-conforming accessory uses. No use which is accessory to a primary non-conforming use shall continue after such primary use shall cease or terminate.
Section 405.450 Restoration of Damaged Non-Conforming Structures or Uses
[Ord. No. 5814 §1(4.4), 4-27-2004]
When a building containing a non-conforming use is damaged by natural or manmade disaster to the extent of sixty percent (60%) or more of its replacement value, it may only be restored in conformance with the regulations of the Zoning Code. When damaged by fire, explosion, flood, winds or other acts of God or the public enemy or by any other cause unrelated or unattributable to the owner to an extent of less than sixty percent (60%) of its replacement value, a non-conforming building may only be restored upon the issuance of a variance by the Board of Adjustment. A right to continue a non-conformity may be lost if the damage is done intentionally by the owner or on behalf of the owner.