Lone Jack City Zoning Code
ARTICLE X
Non-Conforming Situations And Vested Rights
Section 400.880 Definitions.
[CC 2005 UDO § 10.1]
Unless otherwise specifically provided or unless clearly required by the context, the words and phrases defined in this Section shall have the meaning set forth in this Section when used in this Article. Words used in this Article, but not defined in this Section, may be defined in Article II of this Chapter.
The cost of renovation, repair or restoration shall mean the fair-market value of the materials and services necessary to accomplish a renovation, repair or restoration. Cost shall mean the total cost of all intended work, and no person may avoid the intent of this definition by doing the intended work incrementally.
Whenever this Chapter refers to the effective date of this Chapter, the reference shall include the effective date of any ordinance that amends this Chapter, if the ordinance, rather than this Chapter as originally adopted, creates a non-conforming situation.
A lot that was not created for purposes of evading the restrictions of this Chapter, which was lawfully platted and recorded and on file in the office of the Jackson County Recorder prior to the effective date of this Chapter, but which does not meet the minimum area requirement of the applicable zoning district.
A structure that was lawfully constructed prior to the effective date of this Chapter, but which could not be constructed under the terms of this Chapter by reason of restrictions on area, lot coverage, height, setbacks (yards), location on the lot or other requirements concerning structures.
A primary use of property existing on the effective date of this Chapter that occurs when property is used for a purpose or in any manner made unlawful by the use regulations or performance and design standards applicable to the zoning district in which the property is located. The term also refers to the activity that constitutes the use made of the property. The term does not refer to accessory use of property.
The then current cost of a structure or its replacement value, if destroyed.
Section 400.890 General Statement Of Intent And Policy.
[CC 2005 UDO § 10.2]
Within the zoning districts established by this Chapter or its subsequent amendment, there exist a) lots; b) structures; and c) uses of land which were lawful before this Chapter was adopted or amended, but which would now be prohibited, regulated or restricted under the terms of this Chapter or its subsequent amendment. Such instances shall hereafter be considered lawful non-conformities. It is the intent of this Chapter to recognize the legitimate interest of owners of lawful non-conformities by allowing these lawful non-conformities to continue, subject to the provisions contained herein. At the same time, it is recognized that lawful non-conformities may substantially and adversely affect the orderly development, maintenance, use and taxable value of other property in the same zoning district, property that is itself subject to the regulations and terms of this Chapter. To secure eventual compliance with the standards of this Chapter, it is necessary to regulate intensity and size of lawful non-conformities and to prohibit the re-establishment of non-conformities that have been discontinued, or monitor a change to a more intense use or expansion of a use. To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date or amendment of this Chapter and upon which actual building construction has been carried on diligently. The burden shall be on the landowner to establish entitlement to continuation of non-conforming situations or on the developer to establish entitlement to complete non-conforming projects. Appeals from an administrative decision related to this Section shall be to the Board of Adjustment.
Section 400.900 Lawful Non-Conformities.
[CC 2005 UDO § 10.3]
A.
Lots. A structure may be constructed by right on any single lawful non-conforming lot within a zoning district, provided, that all other requirements of the zoning district within which the lot is located are complied with, and all appropriate permits are obtained prior to any construction activity.
B.
Structures. A lawful non-conforming structure may continue to exist so long as it remains otherwise lawful, provided, that no reconstruction, enlargement or alteration of the structure shall occur that will increase its non-conformity, except as provided for in Section 400.930 of this Chapter.
C.
Uses Of Land. A lawful non-conforming use of land may be continued so long as it remains otherwise lawful and provided that no enlargement, increase or extension of the lawful non-conforming use of land occurs so that a greater area of land is occupied than that which was occupied on the effective date of this Chapter or any amendment thereto that makes the use non-conforming, and that no additional structures or additions to structures existing on the effective date of this Chapter shall be constructed on the same lot. Further, no such lawful non-conforming use of land shall be moved or relocated in whole or in part to any other portion of the lot on which it is located, other than that portion occupied at the time of effective date of this Chapter. If any lawful non-conforming use of land is not used as such for any reason for a period of more than one hundred eighty (180) consecutive days, any subsequent use of that land shall conform to the terms of this Chapter.
Section 400.910 Change From One Non-Conforming Use Of A Structure To Another.
[CC 2005 UDO § 10.4]
A non-conforming use may be changed to a new use, provided, that the new use shall be of the same general character or of a character less intensive (and thus more closely conforming) than the existing, non-conforming use. The Zoning Administrator shall make the initial determination of whether a proposed use is a conforming use or is less intense, with an appeal to the Board of Zoning and Adjustment. A non-conforming use may not thereafter be changed back to a less conforming use than then it was changed.
Section 400.920 Lawful Non-Conforming Uses Superseded.
[CC 2005 UDO § 10.5]
Anywhere a lawful non-conforming use is replaced by a permitted use and the lawful non-conforming use is no longer occurring, that lawful non-conforming use shall not thereafter be resumed.
Section 400.930 Reconstruction Of Certain Lawful Non-Conforming Structures.
[CC 2005 UDO § 10.6]
Should any lawful non-conforming structure be damaged by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of damage, it may only be reconstructed in conformance with the provisions of this Chapter. This Subsection does not apply to residential structures, which structures may be reconstructed just as they may be enlarged or replaced as provided in Section 400.950. Reconstruction of a lawful non-conformity, where permitted, must commence within one hundred eighty (180) days of destruction. In those instances where reconstruction does not commence within this limited time frame, the lawful non-conformity will be considered discontinued and the structure shall only be reconstructed as a permitted use.
Section 400.940 Completion Of Non-Conforming Projects - Vested Rights.
[CC 2005 UDO § 10.7]
All non-conforming projects with respect to which a permit was issued prior to the effective date of this Chapter may be completed in accordance with the terms of their permits, so long as those permits were validly issued, remain unrevoked and unexpired. If a development has been approved for completion in stages, this Subsection shall apply only to the phase that is under construction.
Section 400.950 Exception For Residential Non-Conforming Use.
[CC 2005 UDO § 10.8]
Any structure used for residential use and maintained as a non-conforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new non-conformities or increase the extent of the previously existing non-conformities.
Section 400.960 Repair, Maintenance And Restoration.
[CC 2005 UDO § 10.9]
Minor repairs to and routine maintenance of structures and property, where non-conforming situations exist, are permitted and encouraged. Major renovation, i.e., work estimated to cost more than fifty percent (50%) of the structural value of the structure to be renovated, shall not be permitted.
Section 400.970 Determination Of Structural Value And Replacement Cost.
[CC 2005 UDO § 10.10]
To determine the structural value and replacement cost of a lawful non-conforming structure, the owner seeking to undertake maintenance, reconstruction or repair, or restoration of a lawful non-conforming structure must submit written estimates, which must be obtained from three (3) separate contractors, detailing the cost of the applicable improvement or repair and the cost of replacement of the entire lawful non-conforming structure. The Zoning Administrator will establish the structural value and/or replacement cost based upon the average of these estimates.