Country Club City Zoning Code
ARTICLE IV
Non-Conforming Uses
Section 405.280 Non-Conforming Uses.
[Ord. No. 336 Art. 18, 12-14-1999]
A.
Intent. It is the purpose of this Article to regulate non-conforming uses of structures and lots and to provide for their gradual elimination.
B.
Non-Conforming Uses.
1.
The lawful use of a building existing on January 22, 1972, may be continued, although such use does not conform to the provisions of these regulations. Whenever a non-conforming use has been changed to a conforming use, such use shall not thereafter be changed to a non-conforming use.
2.
The lawful use of land, open storage and junk yards in any district and advertising signs and bulletin boards in any "R" District which do not conform to the provisions of these regulations shall be discontinued within three (3) years from date the ordinance is adopted. The use of land, signs and bulletin boards which become non-conforming by reason of a subsequent change in these regulations shall also be discontinued within three (3) years from the date of the change.
C.
Conditions. The following conditions shall govern the continuance of non-conforming uses:
1.
Non-conforming use shall not be enlarged, increased, extended or moved unless the use is changed to one permitted pursuant to the provisions of this Article.
2.
Whenever the use of a building becomes non-conforming through a change in these regulations or district boundaries, such use may be continued. A non-conforming use shall not be changed except to a use permitted under the applicable district regulations.
3.
In the event that a non-conforming use of any building or premises is discontinued or its normal operation stopped for a period of one (1) years, the use of the same shall thereafter conform to the use regulations in the district in which it is located.
4.
A non-conforming use occupying only a portion of a building may be extended throughout the building if the building has been lawfully acquired and actually devoted to such use previous to the adoption of this Article or to any affecting amendments thereof.
5.
No building or premises devoted to a use not permitted by these regulations in the district in which such building or premises is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to a use permitted in the district in which such building or premises is located.
6.
Any mobile home that does not comply with Subsections (B) and (E) of Section 405.260 herein, which is located in a district other than a mobile home residential district from or after the effective date of this Article, shall be considered a non-conforming use of the land under the provisions of this Article. In a "R-1" District, a special use permit shall be required for the replacement of a non-conforming mobile or modular home.
D.
Repair Of Damaged Building. When a building, the use of which does not conform to the provisions of these regulations, is damaged by fire, explosion, act of God or the public enemy to the extent of more than seventy-five percent (75%) of its assessed value, it shall not be restored except in conformity with the district regulations of the district in which the building is situated. When a building, the use of which does not conform to the provisions of these regulations, is damaged by fire, explosion, act of God or the public enemy to the extent of less than seventy-five percent (75%) of its assessed value, it may be restored if the Board of Adjustment finds some compelling necessity requiring the continuance of the non-conforming use and the primary purpose of continuing the non-conforming use is not to continue a monopoly.
E.
Non-Conformance Permit. A non-conformance permit shall be required for all non-conforming uses. Application for a non-conformance permit shall be filed with the Zoning Officer.