Grain Valley City Zoning Code
SECTION 400
270 Non-Conformities.
[R.O. 1996 § 400.270; Ord. No. 1084 § 310, 3-10-2007; Ord. No. 1918 § 1, 9-10-2007]
A.
Purpose. Within the zoning districts established by these Zoning Regulations or previously existing regulation, there are lots, structures, uses and characteristics of uses that lawfully came into being prior to the effective date of these Zoning Regulations that would now be prohibited, regulated or restricted under the provisions of these Zoning Regulations and any subsequent amendment. It is the intent of this Section to recognize the legitimate interest of owners of lawful non-conformities by allowing these instances to continue, subject to any provisions contained herein. It is also recognized that non-conformities may adversely and substantially affect the development, maintenance, use and taxable value of other properties subject to the regulations of these Zoning Regulations. Therefore, it is necessary to provide regulations for the continuance of non-conformities, but to prohibit the re-establishment of certain non-conformities that have been discontinued.
1.
Non-Conforming Uses. Uses legally established prior to October 10, 2007 that do not conform to the use regulations of the district in which the use is located shall be referred to as "non-conforming uses."
2.
Non-Conforming Structures. Buildings and structures, excluding signs, legally established prior to October 10, 2007 that do not conform with the property development standards of the zoning district in which the use is located shall be referred to as "non-conforming structures."
B.
Policy. It is the general policy of the City to allow uses, structures or signs that lawfully came into existence and conform to then-applicable requirements but that do not conform to all of the requirements of these Zoning Regulations to continue to exist and be put to productive use, but to bring as many aspects of such use into conformance with the current Municipal Code as is reasonably practicable, all subject to the limitations of this Section are intended to recognize the interests of the property owner in continuing to use the property but to control the expansion of the non-conformity and to control re-establishment of abandoned uses and limit re-establishment of buildings and structures that have been substantially destroyed.
C.
Authority To Continue. Non-conformities shall be allowed to continue in accordance with the regulations of this Section.
D.
Determination Of Non-Conformity Status. The burden of establishing that non-conformity lawfully exists is the burden of the City.
E.
Repairs And Maintenance. Repairs and maintenance required to keep non-conforming uses, non-conforming structures and signs in a safe condition shall be permitted, provided that no alterations shall be made except those allowed by this Section or required by law or ordinance.
F.
Change Of Tenancy Or Ownership. A change in tenancy, ownership or management of an existing non-conformity shall be permitted, provided there is no change in the character or nature, extent or intensity of the non-conformity currently existing.