Jefferson City Zoning Code
CHAPTER 12
92 NONCONFORMING LOTS, STRUCTURES AND USES
§ 12.92.010 Purpose.
There exist lots, structures, and uses of structures and land which were lawful before the Development Code was passed, or under the terms of the Development Code. It is the intent of the Development Code to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district unless an alteration or expansion of a nonconforming use or structure is authorized by the Planning Commission in accordance with the provisions of Section 12.92.080 of this title.
(DC § 13.010; Ord. 721 § 2, 2021)
§ 12.92.020 Nonconforming lots of record.
A.
In any district in which single-family dwellings are permitted, a single-family dwelling and customary buildings may be erected, notwithstanding limitations imposed by other provisions of the Development Code for any single lot of record at the effective date of adoption or amendment of the Development Code. Such lot must be in separate ownership. A single-family dwelling and customary accessory buildings may be erected, even though such lot fails to meet the requirements not involving area or width or both, and shall conform to the regulation for the district in which such lot is located unless a variance to yard requirements is granted in accordance with the procedures of Chapter 12.96.
B.
If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are on record at the time of passage or amendment of the Development Code, and if all or part of the lots do not meet the requirements for width and area as established by the Development Code, no portion of the said parcel shall be used or sold which does not meet lot width and area requirements established by the Development Code, nor shall any division of the parcel be made which leaves remaining any lot width or areas below the requirements stated in the Development Code.
(DC § 13.020)
§ 12.92.030 Partially destroyed nonconforming buildings or structures.
A.
If any nonconforming building or structure in any district established by the Development Code is removed or destroyed voluntarily, every building, structure or use occupying the premises thereafter shall conform to the regulations of the district in which it is located.
B.
Whenever, in any district, a nonconforming building or structure is damaged or destroyed by means in excess of 60% of the replacement value of the building or structure, repairs or reconstruction shall be made to conform to all regulations, including use regulations, of the district in which it is located, except for residential uses.
C.
Whenever, in any district, an owner-occupied residence is damaged or destroyed by any means, the owner may repair or replace the structure, provided it remains as a residence of the owner occupant. All repairs or reconstruction may comply with existing building codes and regulations. If the owner occupant determines not to rebuild or repair, but to sell the property in question, then all new buildings or structures must conform with all regulations, including use regulations, of the district in which it is located.
D.
In the event such damage or destruction by any means is 60% or less of the replacement value of the building or structure, only the building structure or use which existed at the time of such partial destruction may be restored and continued; provided, however, such restoration is started within a period of six months from the date of such damage or destruction and is diligently prosecuted to completion. The Planning Commission, using the Type A process, upon a written request of the applicant, may extend the period six months, but not in excess of 18 months from the date of the damage or destruction.
(DC § 13.030; Ord. 668 § 1, 2010)
§ 12.92.040 Nonconforming use of land.
A.
Use Discontinuance. Where no main buildings are used in connection with the nonconforming use of land, or where the only buildings are accessory or incidental to such use, the nonconforming use of such land shall be discontinued not later than one year after such use becomes nonconforming, and all uses thereafter shall conform to the regulations of the district in which it is located. The Planning Commission shall inform both the owner and occupant by letter of the date at which such nonconformity begins and ends. Such beginning date shall not be earlier than the postmark of the letter.
B.
Expansion. A nonconforming use of land shall not be expanded or extended in any way either on the same or any adjoining land, unless such an expansion is authorized by the Planning Commission in accordance with Section 12.92.080 of this title.
C.
Discontinuance or Change. The discontinuance of a nonconforming use or land for six months out of any 12 consecutive months of a change of nonconforming use constitutes abandonment and termination of the nonconforming use, and thereafter the use of the land must conform to the regulations of the district in which it is located.
(DC § 13.040; Ord. 721 § 3, 2021)
§ 12.92.050 Nonconforming uses.
If a use of a building, structure or land exists at the effective date of adoption or amendment of the Development Code and such a use is not allowed in the district under the terms of the Development Code, the use may be continued as long as it remains otherwise lawful, subject to the following provisions:
A.
No existing building or structure devoted to a use not permitted by the Development Code, in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located, unless such an expansion is authorized by the Planning Commission in accordance with Section 12.92.080 of this title.
B.
Any nonconforming use may be extended throughout any part of a building which was arranged and designed for such use at the time of adoption or amendment of the Development Code, but no use shall be extended to occupy any land outside such building.
C.
Any nonconforming use may not be changed to another nonconforming use.
D.
Any buildings, structure or land use in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which it is located, and the nonconforming use may not thereafter be resumed.
E.
When a nonconforming use is discontinued or abandoned for six consecutive months or for 18 months during any three-year period, the building, structure or land shall thereafter only be used in conformance with the regulations of the district in which it is located.
F.
Where nonconforming use status applies to a building or structure, removal or destruction of the building or structure shall eliminate the nonconforming status of the land.
(DC § 13.050; Ord. 721 § 4, 2021)
§ 12.92.060 Removal of nonconforming uses.
If the Planning Commission determines that the continuance of a nonconforming use is detrimental to the health, safety or welfare of the neighborhood, such a nonconforming use shall be completely removed or converted to a conforming use within the time prescribed by the City Council. The Planning Commission shall conduct public hearings on said nonconforming use and set forth an amortization period for its continuance of not less than five years, and no more than 40 years, depending on the impact of said use of the neighborhood. The City Council shall approve or deny the amortization period. The Planning Commission shall then grant a conditional use permit subject to the procedures set forth in Chapter 12.84.
(DC § 13.060)
§ 12.92.070 Repair and maintenance.
A.
Nothing in the Development Code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe, but in no event shall such repair or maintenance prolong the time within which the nonconforming use thereof must terminate.
B.
On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 50% of the replacement value of the building or structure, provided that the cubic content of the building or structure is not increased from the size which existed at the date the Development Code was passed or amended unless the increase in cubic content of the building or the structure is authorized by the Planning Commission in accordance with Section 12.92.080 of this title.
(DC § 13.070; Ord. 721 § 5, 2021)
§ 12.92.080 Alteration or expansion approval.
The alteration or expansion of a nonconforming use may be authorized by the Planning Commission subject to a Type B review procedure, provided that the applicant provides evidence that the proposed change will satisfy the following criteria:
A.
That the alteration of the structure or development would not expand a nonconformity by more than 20% of floor area or site area as measured on October 28, 2021, as applicable.
B.
The change in the use, structure or physical improvements will have no greater adverse impact to the neighborhood than the existing use, structure or physical improvements.
C.
The alteration or expansion shall not create a violation of any provision of this title.
D.
No existing violations exist on the subject property.
(Ord. 721 § 6, 2021)