Within the City of Jennings, certain lots, structures and uses of land which were lawful prior to the adoption or amendment of the zoning ordinance, may have become prohibited under the terms of this revision. This article is intended to declare that such nonconformities are incompatible with the permitted or conditional uses but to permit nonconformities to continue until they are removed. However, the existence of a nonconformity shall not be grounds for issuance of a variance elsewhere. This article prohibits nonconformities from being extended, expanded, enlarged or increased in intensity.

Any nonconforming structure, which is associated with a conforming use, may remain as a nonconforming structure, subject to the following provisions:

(a)

Maintenance, remodeling and repair. Any such structure may be maintained, repaired or remodeled; provided, however, that no such maintenance, repair or remodeling shall either create any additional nonconformity or increase the decree of existing nonconformity of all or any part of such structure, or enlarge any such structure.

(b)

Moving. No nonconforming structure shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the provisions of the zoning district in which it is located after being moved.

Any nonconforming use of part or all of a structure of any nonconforming use of land, may be continued, so long as otherwise lawful, subject to the following provisions.

(a)

Ordinary repair and maintenance. Normal maintenance and incidental repair or replacement, or installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any structure.

(b)

Remodeling. No structure shall be remodeled unless the use thereof shall thereafter conform to all provisions of this ordinance. For purposes of this article, the term remodel shall mean to reconstruct or relocate exterior walls, bearing walls or bearing partitions; or to substantially alter the exterior appearance of a building by adding or removing architectural elements, by changing the roof line, or by closing up or relocating door or window openings.

(c)

Expansion of use. No nonconforming use of a lot or building shall be enlarged, expanded or extended to occupy a greater area of a lot or building than was occupied on the effective date of this ordinance, or amendment thereto, and no additional accessory use, building or structure shall be established thereon.

(d)

Enlargement of building or structure. No building or structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner, unless such building or structure addition and the entire use thereof (both existing space and the addition) shall thereafter conform to all provisions of this ordinance.

(e)

Moving. No structure that is devoted in whole or in part to a nonconforming use, shall be moved in whole or in part for any distance whatsoever, to any location on the same or any other lot, unless the entire structure and use thereof shall conform to all provisions of the zoning district in which it is located after being so moved.

(f)

Change in use. A nonconforming use shall not be changed to any use other than a use permitted in the zoning district in which the use is located. When a nonconforming use has been changed to any permitted use, it shall not hereafter be changed back to a nonconforming use.

(g)

Abandonment or discontinuance. In the event that the nonconforming use of any building or premises is discontinued for a period of one (1) year, regardless of any reservations of an intent not to abandon or resume such use, any subsequent use or occupancy of such building or premises shall comply with provisions of this appendix including those of the zoning district in which the structure is located.

(h)

Nonconforming accessory uses. No use, which is accessory to a primary nonconforming use, shall continue after such primary use shall cease or terminate.

When a nonconforming structure or nonconforming use is damaged to an extent of sixty (60) percent or more of its appraised value, as determined by the Office of the St. Louis County Assessor, such nonconforming structure or nonconforming use may only be restored in conformance with the regulations of this ordinance. When a nonconforming structure or nonconforming use is damaged to an extent of less than sixty (60) percent of it appraised value, as determined by the Office of the St. Louis County Assessor, such nonconforming structure or nonconforming use may only be restored upon the issuance of a variance by the board of adjustment. Such restoration shall not extend, expand, enlarge or increase in intensity such nonconforming structure or nonconforming use.