Olivette City Zoning Code
ARTICLE XIII
Non-Conforming Uses
Section 400.1280 Intent and Purpose.
[R.O. 2008 §280.130]
A non-conforming land use or structure is one which existed lawfully on the date this Chapter or any amendment thereto became effective and which fails to conform to one (1) or more of the applicable use regulations of the zoning ordinance or such amendment thereto.
Section 400.1290 Non-Conforming Use - When Permitted.
[R.O. 2008 §280.132]
The lawful use of land or building(s) existing at the effective date of this Chapter or any amendment thereto may be continued although such use does not conform to the provisions of this Chapter or amendment thereto. A non-conforming use of a structure may be changed to another non-conforming use of the same or more restricted classification. Whenever a non-conforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
Section 400.1300 Limitations On Non-Conforming Use.
[R.O. 2008 §280.138]
No structure or any part thereof devoted to a non-conforming use shall be enlarged, extended, reconstructed or structurally altered, except when required to do so by law or order, unless the use is changed to a use permitted in the district in which the structure is located.
Section 400.1310 Building Containing Non-Conforming Use Damaged or Destroyed.
[R.O. 2008 §280.140]
A.
When a building, the use of which does not conform to the provisions of the zoning ordinance, is damaged by fire, explosion, act of God or the public enemy to the extent of more than sixty percent (60%) of its reasonable value, it shall not be restored except in conformity with the regulations of the district in which the building is located, provided that it 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.
B.
Any multi-family building or group of multi-family buildings under single ownership and their accessory uses which become non-conforming upon the adoption of this Chapter may be reconstructed or repaired to its pre-existing configuration, provided that such restoration in no way increases the non-conformity.
Section 400.1320 Discontinuance of Non-Conforming Use.
[R.O. 2008 §280.141; Ord. No. 1612, 2-14-1989]
In the event that any non-conforming use or structure ceases to be so used for a period of two (2) consecutive years, then such use or structure shall thereafter be caused to conform to a use permitted within the district in which it is located.