Dardenne Prairie City Zoning Code
ARTICLE VII
Non-Conforming Uses
Section 405.485 Purpose.
[Ord. No. 516 §15(15.01), 6-21-2001]
Where on the date of enactment of or any amendment of this Chapter a lawful use of a tract or lot or of a building or structure exists or a building or structure exists which was in compliance with all height, area and lot requirements of the zoning regulations in effect before the enactment or amendment of this Chapter, which is no longer permissible under the provisions of this Chapter or under the provisions of this Chapter as hereafter amended, such use may be continued and such building or structure maintained so long as it remains otherwise lawful, subject to the following provisions.
Section 405.490 Enlargement.
[Ord. No. 516 §15(15.02), 6-21-2001]
A.
No such non-conforming use of a tract or lot or of a building or structure shall be enlarged, expanded or extended to occupy a greater area of land or floor space than was occupied on the date of enactment or amendment of this Chapter and no additional non-conforming principal or accessory use, building or structure shall be established thereon or therein.
B.
No such building or structure which is non-conforming as to any height, area or lot requirements may be enlarged, expanded, extended or altered unless its height, area or lot non-conformity is removed or a variance is granted by the Board of Adjustment allowing enlargement, expansion, extension or alteration of the building or structure.
Section 405.495 Relocation.
[Ord. No. 516 §15(15.03, 15.06), 6-21-2001]
A.
No such non-conforming use of a tract or lot or of a building or structure shall be moved in whole or in part to any other portion of such tract or lot or of such building or structure not so used or occupied on the date of enactment or amendment of this Chapter.
B.
Should any such building or structure which is non-conforming as to any height, area or lot requirements be moved for any reason, it shall thereafter conform to the regulations of the district in which it is located after it is moved.
Section 405.500 Discontinuance.
[Ord. No. 516 §15(15.04), 6-21-2001]
If such non-conforming use of a tractor or lot or of a building or structure ceases for any reason, other than governmental action which actually causes such cessation, for a period of more than three hundred sixty-five (365) consecutive days, the subsequent use of such tract or lot or of such building or structure shall conform to the regulations and provisions set by this Chapter as enacted or hereafter amended for the district in which such tract or lot is located.
Section 405.505 Destruction.
[Ord. No. 516 §15(15.05), 6-21-2001]
Should any such building or structure which is non-conforming as to any height, area or lot requirements be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with all the regulations and provisions of this Chapter as enacted or as hereafter amended.
Section 405.510 Repairs and Normal Maintenance.
[Ord. No. 516 §15(15.07), 6-21-2001]
Repairs and normal maintenance required to keep buildings and structures which are non-conforming as to any height, area or lot requirements in a safe condition may be made to non-conforming buildings or structures, provided that no alterations shall be made, except those required by law or ordinance, unless the building or structure is changed to be conforming with this Chapter as enacted or as hereafter amended.
Section 405.520 Change of Tenancy or Ownership.
[Ord. No. 516 §15(15.08), 6-21-2001]
There may be a change of tenancy, ownership or management of an existing non-conforming use, building or structure, provided there is no change in the nature, character, extent or intensity of such non-conforming use, building or structure.