Hazelwood City Zoning Code
ARTICLE XI
Non-Conforming Lots, Buildings, Structures and Uses
Section 405.495 Purpose.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Within the zoning districts established by this Chapter or by amendments thereto, there exists buildings, structures, uses and lots which were lawfully established prior to the adoption of this Chapter or amendments thereto, but which do not conform to the regulations contained within this Chapter. These regulations are intended to minimize the existing and/or potential problems created by non-conforming uses, such as increased traffic, insufficient parking, excessive noise, odor, etc. It is the intent of this Chapter to eliminate these non-conformities and to permit these buildings, structures, uses and lots to continue only until they are discontinued, damaged or removed except as provided herein. These non-conformities can be incompatible with the buildings, structures and land uses permitted by this Chapter in certain zoning districts. In addition, these non-conformities may not be compatible with the City's Master Comprehensive Plan. It is the further intent of this Chapter that such non-conformities shall not be enlarged, expanded or extended except as provided herein, nor to be used as grounds for adding other buildings, structures and uses prohibited elsewhere in the same district.
B.
Non-conformities made unlawful by generally applicable public health, safety or welfare ordinances of the City, enacted in whole or in part pursuant to authority other than the City's zoning authority, shall not be governed by this Section and shall have no right of being continued unless provided by law.
Section 405.500 Non-Conforming Lots of Record.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Any lot which was lawfully created and recorded prior to the enactment of this Chapter, but does not meet the minimum size and/or dimension requirements of the zoning district in which it is located, shall be considered a legal non-conforming lot of record.
B.
A legal non-conforming lot of record may be used, conveyed or sold the same as if it were a conforming lot, provided that the use of such lot meets the requirements of the zoning district in which it is located.
Section 405.505 Discontinuance of Use of Open Land, Signs, Etc. [1]
Section 405.510 Discontinuance of Use of Building - Change of Non-Conforming Use.
[Ord. No. 3674 §§1—3, 8-17-2005]
The lawful use of a building may be continued after adoption of this Chapter although such use does not conform to the provisions thereof. A non-conforming use of a building may be changed to another non-conforming use of the same or of a more restricted classification, but a non-conforming use cannot be changed to a use requiring a Special Land Use Permit except in accordance with the provisions of Article X. Whenever a non-conforming use has been changed to a more restricted use or to a conforming use, such use shall not hereafter be changed to a less restricted use.
Section 405.515 Use Becoming Non-Conforming By Change in Chapter or Zoning District Boundaries.
[Ord. No. 3674 §§1—3, 8-17-2005]
Whenever the use of a building becomes non-conforming through a change in this Chapter or zoning district boundaries, such use may be continued provided no structural alterations are made. It may be changed to another non-conforming use of the same or of a more restricted classification, but it cannot be changed to a use requiring a Special Land Use Permit except in conformance with the provisions of Article X "Special Land Use Permits".
Section 405.520 Non-Conforming Uses of Lots.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Where, on the date of adoption of this Chapter, a lawful use of a parcel or lot (such use not involving any building or structure or upon which parcel or lot a building or structure is accessory to such principal use) exists that is no longer permissible under the regulations of this Chapter, such principal use may be continued so long as it remains otherwise lawful subject to the following provisions:
1.
Enlargement. No such non-conforming use of a parcel or lot shall be enlarged, expanded or extended to occupy a greater area of land than was occupied on the date of adoption or amendment of this Chapter and no additional accessory use, building or structure shall be established herein. Non-conformity may not be expanded to cover more land area than was occupied by that non-conformity when it became non-conforming or such reduced area to which the non-conformity may have been lawfully converted.
2.
Increase in intensity. The volume, intensity or frequency of use of the property, where non-conformity exists, may not be increased and the equipment or processes used at a location where non-conformity exists may not be changed if these or similar changes cause an increase in the degree of activity.
3.
Relocation. No such non-conforming use of a parcel or lot shall be moved in whole or in part to any other portion of such parcel or lot not so occupied at the date of the adoption of this Chapter 405 nor to another parcel or lot not in conformance with this Chapter.
4.
Change in use not permitted. An existing non-conforming use of a lot shall not cause further departures from the Zoning Ordinance. Although an existing non-conforming use may be continued, except as herein limited, it may not be changed to another use, except to a similar use or to a use permitted in the district in which it is situated and provided it complies with the requirements of this district.
5.
Abandonment/discontinuance. When a non-conforming use of a parcel or lot is abandoned or discontinued for a period of one (1) year or more, the parcel or lot shall not thereafter be used except in conformance with the regulations of the district in which it is located.
Section 405.525 Non-Conforming Buildings and Structures.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Where, on the date of adoption or amendment of this Chapter, a lawful building or structure exists that could not be built under the regulations of this Chapter by reasons of restrictions upon lot area, lot width, lot coverage, height, off-street parking, setbacks or other characteristics, such building or structure may be continued so long as it remains otherwise lawful subject to the following provisions:
1.
Enlargement. No existing building or structure not permitted by this Chapter in the district in which it is located, except when required to do so by law or order, shall be enlarged, constructed, reconstructed or structurally extended or altered. No physical alteration of structures or placement of new structures on open land shall occur if such activity results in:
2.
Destruction/restoration. When a building, the use of which does not conform to the provisions of this Chapter, is damaged by an act of God, fire, explosion or any public enemy, to the extent of more than sixty percent (60%) of its appraised value as established by the St. Louis County Assessor's records or by a certified appraiser, it shall not be restored except in conformity with the regulations of the district in which the building is situated; except however, such a building may be restored if the Board of Adjustment finds some compelling public necessity requiring the continuance of the non-conforming use and the primary purpose of continuing the non-conforming use is not to continue a monopoly. The remnants of any damaged building not to be restored shall be totally removed within six (6) months from the time of damage, unless extended by the City Council. Restoration of damaged buildings shall be completed within six (6) months from the time of damage, unless extended by the City Council.
3.
Relocation. Should any such building or structure be moved for any reason for any distance, it shall thereafter conform to the regulations of the district in which it is located after it is moved.
Section 405.530 Non-Conforming Uses of Buildings and Structures.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Where, on the date of adoption of this Chapter, a lawful use of a lot, building or structure exists that is no longer permissible under the regulations of this Chapter, such use may be continued so long as it remains otherwise lawful subject to the following provisions:
1.
Enlargement. No existing building or structure devoted to a use not permitted by this Chapter in the district in which it is located shall be enlarged, constructed, reconstructed or structurally extended or altered except in changing the use of such building or structure to a use permitted in the district in which such building or structure is located.
2.
Increase in intensity. The volume, intensity or frequency of use of the building or structure may not be increased and the equipment or processes used at a location where non-conformity exists may not be changed if these or similar changes cause an increase in the degree of activity.
3.
Change in use not permitted. An existing non-conforming use of a building or structure shall not cause further departures from the Zoning Ordinance. Although an existing non-conforming use may be continued, except as herein limited, it may not be changed to another use, except to a similar use or to a use permitted in the district in which it is situated and provided it complies with the requirements of this district.
4.
Abandonment/discontinuance. When a non-conforming use of a building or structure is abandoned or discontinued for a period of one (1) year or more, the building or structure shall not be used except in conformance with the regulations of the district in which it is located.
Section 405.535 Repairs and Maintenance.
[Ord. No. 3674 §§1—3, 8-17-2005]
Repairs and normal maintenance required to keep buildings in a safe and sanitary 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 a conforming use in compliance with this Chapter.
Section 405.540 Completion of Pending Construction and Building Permits.
[Ord. No. 3674 §§1—3, 8-17-2005]
Nothing in this Chapter shall be deemed to require a change in plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment to this Chapter, nor shall nothing contained herein require any change in the plans or designated use of a building for which a building permit has been heretofore issued or plans or subdivision plats which have been previously approved, but not yet constructed, prior to the adoption of this Chapter.
Section 405.545 Special Land Use Permits.
[Ord. No. 3674 §§1—3, 8-17-2005]
Any use existing prior to the adoption of this Chapter, permitted as a Special Land Use Permit in a district under the terms of this Chapter, shall be deemed a Special Land Use Permit in such district and shall without further action be considered a conforming use.
Section 405.550 Joint Use of Conforming and Non-Conforming Uses.
[Ord. No. 3674 §§1—3, 8-17-2005]
Where a non-conforming use exists and a conforming use is proposed, the existing non-conforming use must cease upon initiation of the conforming use. No joint use of buildings, structures and/or lots by a conforming and non-conforming use shall be permitted.