Within the districts established by this article or amendments that may have previously been adopted or may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before the ordinance was passed or amended but which would be prohibited, regulated, or restricted under the terms of the present or future amendments.

(1)

For purposes of this article, the term "nonconforming use" shall mean a lawful lot, structure, use of land, or land and structure that existed at the time of the adoption of the zoning ordinance of the City of Forest Park, or at the time of the adoption of an amendment to the zoning ordinance, that no longer conforms to those regulations and restrictions contained in the zoning ordinance because of the adoption of the zoning ordinance or the adoption of an amendment to the zoning ordinance.

(2)

It is the intent of this chapter to require removal or cessation of certain of these nonconformities, and to permit others to continue until they are otherwise removed or ceased.

(3)

Nonconforming use of land, structures, or land and structures in combination shall not be extended or enlarged after passage of this article.

(4)

To avoid undue hardship, nothing in this article shall be deemed to require a change in the plans, construction, or designated use of any building on which construction was lawfully begun prior to the effective date of adoption or amendment of this article, and upon which actual building construction has been carried on diligently.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

(a)

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory building may be erected on any single lot of record at the effective date of adoption.

(b)

Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even if the lots fail to meet the requirements applicable in the district regulations.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

Where a lawful structure exists at the effective date of adoption that could not be built under the terms of this chapter by reasons of restriction on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it is and remains otherwise lawful subject to the following provisions:

(1)

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity; but any structure or portion thereof may be enlarged or altered if the degree of its nonconformity remains the same or is decreased, provided such structure is used for a permitted use.

(2)

One- and two-family residential structures. Should such nonconforming one- or two-family residential structure be destroyed, by any means, in whole or in part, it may be reconstructed in the same location and upon its previous foundation and to its previously existing height, provided said reconstruction does not increase the previously existing degree of nonconformity and further provided that said reconstructed structure is used for a permitted use.

(3)

All other structures. Should such nonconforming multifamily residential, commercial, or industrial structure be destroyed by any means to an extent of more than sixty (60) percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this article.

(4)

Accessory structures. When nonconforming, accessory structure be destroyed by any means, in whole or in part, it shall be subject to the same provisions as govern the primary structure to which they are an accessory use.

(5)

Moving. Where a nonconforming structure is moved off its previous lot, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(6)

Public purposes. In cases where land is taken for public purposes from legal lots of record at the time of such taking in such manner as to reduce yards previously provided in relation to a portion of a structure below yard requirements generally applicable within the district, the portion of the structure involved shall be construed to be nonconforming.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

Refer to chapter 3, signs.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)