Foristell City Zoning Code
ARTICLE VI
Non-Conforming Uses
Section 400.340 Non-Conforming Use.
[Ord. No. 330 §1(12), 7-12-1999]
A.
Purpose. Any land or building that does not meet the requirements and restrictions of this Chapter at the time of passage shall be considered non-conforming. It is the intention of the City of Foristell that all non-conforming uses of land and buildings will gradually and eventually be eliminated. To this end, the following regulations shall apply to non-conformities.
B.
Land.
1.
A non-conforming use of land shall not in any way be expanded or extended so that it occupies a greater area of land than it did on the date of the adoption of these regulations.
2.
A non-conforming use of land shall not be modified in a way which will increase the intensity of use. A non-conforming use of land shall not be changed into another non-conforming use of land.
3.
Additional structures associated or used in conjunction with the non-conforming use of land shall not be erected on the premises, unless the new structures meet the Building Codes of the City of Foristell.
4.
If the non-conforming use of land is discontinued for a period of longer than twelve (12) months, the use shall be considered as having been abandoned. Subsequent use of the land shall be in conformance with all the regulations and restrictions of the district in which the land is located.
5.
There may be a change in the ownership, tenancy or management of an existing non-conforming use.
C.
Buildings And Structures.
1.
Any building or structure which houses a non-conforming use and which has been destroyed or damaged by fire, explosion or act of God may be restored and used as it was before it was damaged; except that:
2.
An existing building or structure housing a non-conforming use may be enlarged or altered under one (1) or more the following conditions:
a.
Alteration or expansion is for the purpose of converting all of the building to a conforming use.
b.
Expansion and alterations are done according to the existing City of Foristell Building Code.
c.
Any non-conforming building or structure in a commercial or industrial district shall not be permitted alteration or expansion unless an attempt is made to bring the total building into compliance. Undue financial burden or unfavorable structural conditions will be the only exemptions and these are to be granted by the Board of Adjustment.
3.
Whether a non-conforming use exists shall be a question of fact and shall be determined by the Board of Adjustment after public hearing and in accordance with the rules of the Board.
4.
The non-conforming use of a building or structure shall not be modified in a way which is designed to increase the intensity of use.
5.
The non-conforming use of a structure or building which has been discontinued for a period longer than twelve (12) months shall be considered as having been abandoned. Subsequent use of the structure shall be strictly in conformance with the regulations and restrictions of the district in which the building is located.
6.
There may be a change in tenancy, ownership or management of a building or structure which houses a non-conforming use.
D.
Non-Conforming Use Continuance. Any land or building that is considered non-conforming for the district that it is in may continue to be granted the non-conforming use as long as the above regulations and restrictions are met and with any change in ownership, tenancy or management of a non-conforming use the City of Foristell is notified and a written acknowledgment is received by the City from the new tenant, owner or management.
E.
Any building, structure or land being utilized under a conditional use permit shall not be considered a non-conforming use. All conditions, restrictions and regulations pertaining to the conditional use permit shall be observed.
F.
The casual, intermittent, temporary or illegal use of land, buildings or structures shall not be sufficient to establish the existence of a non-conforming use. The existence of a non-conforming use on a part of a lot or tract shall not be construed to establish a non-conforming use on the entire lot or tract.
G.
Whenever the use of a building, structure or land becomes non-conforming through an amendment to the Zoning Code or Zoning District Map, such use may be continued. Where a lot of record at the time of the effective date of this Chapter (July 12, 1999) has less area or width than herein required in the district in which it is located, and the owner of the lot does not own any other parcel or tract adjacent thereto, said lot may be used for a single-family dwelling or for any non-dwelling use permitted in the district in which it is located.