New Melle City Zoning Code
ARTICLE VIII
Non-Conforming Uses
Section 405.415 Purpose.
[Ord. No. 224 §§1 — 2(22.01), 10-19-2005]
Within the districts established by this Chapter or by amendments thereto, there exist buildings and structures and uses of parcels, lots, buildings and structures which were lawful before this Chapter was adopted or amended including legal non-conforming uses, buildings and structures which would be prohibited, regulated or restricted. It is the intent of this Chapter to permit these buildings and structures and uses of parcels, lots, buildings and structures, herein referred to as non-conformities, to continue until they are discontinued, damaged or removed. These non-conformities are declared by this Chapter to be incompatible with the buildings and structures and uses of parcels, lots, buildings ordinance 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 and structures and uses of parcels, lots, buildings and structures prohibited elsewhere in the same district.
Section 405.420 Non-Conforming Uses of Lots.
[Ord. No. 224 §§1 — 2(22.02), 10-19-2005]
A.
Where, on the date of adoption or amendment 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 provisions 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 or floor space than was occupied on the date of adoption or amendment of this Chapter and no additional accessory use, building or structure shall be established thereon.
2.
Relocation. No such non-conforming use of a parcel or lot shall be removed in whole or in part to any other portion of such parcel or lot not so occupied on the date of adoption of this Chapter or to a parcel or lot not in conformance with this Chapter.
3.
Discontinuance. If such non-conforming use of a parcel or lot ceases for any reason for a period of more than one hundred eighty (180) consecutive days (except where government action causes such cessation), the subsequent use of such parcel or lot shall conform to the regulations and provisions set by this Chapter for the district in which such parcel or lot is located.
4.
Exceptions. Historical buildings will be granted leniency on a subject to review basis for certificate of appropriateness.
Section 405.425 Non-Conforming Buildings and Structures.
[Ord. No. 224 §§1 — 2(22.03), 10-19-2005]
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, open spaces, off-street parking, loading spaces and 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. Such building or structure may be enlarged, expanded, extended or altered only if the non-conformity is removed.
2.
Destruction. Should any such building or structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Chapter.
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 405.430 Non-Conforming Uses of Buildings and Structures.
[Ord. No. 224 §§1 — 2(22.04), 10-19-2005]
A.
Where, on the date of adoption or amendment of this Chapter, a lawful use of a 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, moved 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.
Change in use not permitted. An existing non-conforming land use or structure shall not cause further departures from the zoning ordinance. Although an existing non-conforming use may be continued, except as hereinafter 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 the district.
3.
Discontinuance. When a non-conforming use of a building or structure is discontinued or abandoned for more than one hundred eighty (180) consecutive days (except where government action prevents access to the premises), the building or structure shall not thereafter be used except in conformance with the regulations of the district in which it is located.
Section 405.435 Repairs and Maintenance.
[Ord. No. 224 §§1 — 2(22.05), 10-19-2005]
Repairs and normal maintenance required to keep buildings in a safe 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 be conforming with this Chapter.
Section 405.440 Change of Tenant or Ownership.
[Ord. No. 224 §§1 — 2(22.06), 10-19-2005]
There may be often a change of tenancy, ownership or management of an existing non-conforming use, building or structure, provided there is no change in the nature or character, extent or intensity of such use, building or structure.
Section 405.445 Completion of Pending Construction and Building Permits.
[Ord. No. 224 §§1 — 2(22.07), 10-19-2005]
To avoid undue hardships, 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 of this Chapter and upon which actual building construction has been carried on diligently. Nothing herein contained shall require any change in the plans or designated use of a building for which a building permit has been heretofore issued or plans or final subdivision plats which have been approved by the Board at the time of the passage of this Chapter.
Section 405.450 Conditional Use.
[Ord. No. 224 §§1 — 2(22.08), 10-19-2005]
Any use existing at the time of adoption of this Chapter and which is permitted as a conditional use in a district under the terms of this Chapter shall be deemed a conforming use in such district and shall without further action be considered a conforming use.
Section 405.455 Substandard Non-Conforming Lots of Record.
[Ord. No. 224 §§1 — 2(22.09), 10-19-2005]
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Chapter, a single-family dwelling and customary accessory buildings or structures may be erected on any single lot of record at the effective date of adoption or amendment of this Chapter. Such lot must be in separate ownership and one (1) of continuous frontage with other lots in the same ownership as of the date of adoption of this Chapter. This provision shall apply even though such lot fails to meet the requirements for area or width or both that are generally applicable in the district, provided that yard dimensions and other requirements, not involving area or width or both, of the lot shall conform to the regulations for the district in which such lot is located. If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Chapter and if all or part of the lots do not meet the requirements for lot width and area as established by this Chapter, the lands involved shall be considered to be an undivided parcel for the purpose of this Chapter and no portion of said parcel or lot shall be used or sold which does not meet lot width and area requirements established by this Chapter, nor shall any division of the parcel or lot be made which leaves remaining any parcel or lot with width or area below the requirements stated in the Chapter.
Section 405.460 Existence of a Non-Conforming Use.
[Ord. No. 224 §§1 — 2(22.10), 10-19-2005]
In cases of doubt and on specific questions raised, whether a non-conforming use exists shall be a question of fact and shall be decided by the Board of Aldermen after notice, a public hearing and receipt of a report and recommendation of the Planning and Zoning Commission.
Section 405.465 Non-Conforming Uses Not Validated.
[Ord. No. 224 §§1 — 2(22.11), 10-19-2005]
A use in violation of a provision of the Chapter which this repeals shall not be validated as non-conforming use by this Chapter.
Section 405.470 Joint Use of Buildings, Structures and/or Land.
[Ord. No. 224 §§1 — 2(22.12), 10-19-2005]
Where a non-conforming use exists and a conforming use is proposed, the non-conforming use must cease upon initiation of the conforming use.