De Soto City Zoning Code
ARTICLE IV
Non-Conforming Uses
Section 405.210 Non-Conforming Use of Land.
[CC 1988 §29-75; Ord. No. 2788 §4, 10-21-1985]
A lawful use of land existing at the time of passage of this Article, or annexed thereafter, may be continued although such use does not conform to the provisions hereof. If such non-conforming use is discontinued for a continuous period of six (6) months, any future use of such premises shall be in conformity with the provisions of this Article.
Section 405.220 Non-Conforming Use of Buildings.
[CC 1988 §29-76; Ord. No. 2788 §4, 10-21-1985]
A.
Any lawful building or use of a building existing at the time of passage or amendment of this Article may be continued even though such use does not conform with the provisions of this Article, provided that:
1.
Such use may not be extended throughout the building.
2.
No structural alterations or extensions are made in the building except those required by law or ordinance.
3.
If such building remains idle or unused for a continuous period of six (6) months whether or not the equipment or fixtures are removed, the use of said building shall thereafter conform to the use regulations of the district in which it is located.
4.
Repairs and alterations may be made to a non-conforming building provided that no structural alterations or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming use.
5.
If the building is damaged by fire or explosion, act of God or the public enemy to the extent of more than fifty-one percent (51%) of its market value immediately prior to the time of damage, it shall not be restored, except in conformity with the district regulations of the district in which the building is situated. If the building is damaged between twenty percent (20%) and fifty percent (50%) of its market value, it may be restored if the Board of Adjustment finds some compelling necessity requiring the continuance of the non-conformity.
6.
Where a lot of record, as of October 2, 1961, has less area or width than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, such lot may be used for a one-family dwelling or any other non-dwelling use permitted in the district in which it is located.