Overland, MO Zoning Ordinance

Section 400.490 Scope of Provisions.

[CC 1976 App. A §8.01; Ord. No. 2449 §1, 11-14-1988]

The provisions of this Section shall apply to all non-conforming uses, lands, and structures. A non-conforming land use or structure is one which existed lawfully whether by variance or otherwise, on the date this Zoning Code or any amendment thereto became effective (November 14, 1988), and which fails to conform to one (1) or more of the applicable regulations of the Zoning Code or such amendment thereto. Such non-conformities may be incompatible with and detrimental to permitted land uses and structures in the Zoning Districts in which they are situated; they inhibit present and future development of nearby properties; and they confer upon their owners and users a position of unfair advantage.

Section 400.500 Statement of Intent.

[CC 1976 App. A §8.02; Ord. No. 2449 §1, 11-14-1988]

Existing non-conformities are not to be expanded; however, their continued, lawful existence, within the requirements of this Chapter, is expressly acknowledged.

Section 400.505 Non-Conforming Uses of Lots.

[CC 1976 App. A §8.03; Ord. No. 2449 §1, 11-14-1988]

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:

Enlargement. No such non-conforming use of a parcel or lot shall be enlarged, expanded or extended to occupy a greater area of land 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.

Relocation. No such non-conforming use of a parcel or lot shall be moved 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.

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. For the purposes of the ordinance, "cessation of the non-conforming use" shall mean no further active use of the property in the principal non-conforming manner. Continued simple ownership or use of the property for some clearly secondary purpose, such as storage, shall not be considered a continuance of the non-conforming use.

Section 400.510 Non-Conforming Buildings and Structures.

[CC 1976 App. A §8.04; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2001-46 §7, 6-26-2001]

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:

Enlargement. Such building or structure may be enlarged, expanded, extended, or altered only if the non-conformity is removed.

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 conformance with the provisions of this Chapter. However, any multiple-family dwelling unit located in a PD-MxD District which has been or is in the process of being rehabilitated pursuant to Section 42 of the Internal Revenue Code relating to existing buildings and for which the cost of the rehabilitation has been or will be at least ten thousand dollars ($10,000.00) per unit, said unit or units located within such district which have been destroyed may be reconstructed as they existed prior to such casualty without regard to this Chapter's regulations governing number of units permitted per acre, configuration, lot area requirements, parking and setbacks, provided that nothing contained herein shall relieve the owner of such property from the obligation to meet all other applicable code requirements then in effect.

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 400.515 Non-Conforming Uses of Buildings, Structures and Land.

[CC 1976 App. A §8.05; Ord. No. 2449 §1, 11-14-1988]

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:

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.

Change in use not permitted. An existing non-conforming land use or structure shall not cause further departures from the Zoning Code. Although an existing non-conforming use may continue, except as hereinafter limited, it may not be changed to another use, except a use permitted in the district in which it is situated and provided it complies with the requirements of that district.

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 400.520 Repairs and Maintenance.

[CC 1976 App. A §8.06; Ord. No. 2449 §1, 11-14-1988; Ord. No. 98-76 §1, 9-29-1998]

Nothing in this Chapter shall be deemed to prohibit the restoration of any structure and its use where such structure has been destroyed by any means out of the control of the owner to an extent less than fifty percent (50%) of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any foundation adaptable to a conforming use) at the time of destruction, provided the restoration of such structure and its use in no way increases any former non-conformity, and provided further that restoration of such structure is begun within six (6) months of such destruction and diligently prosecuted to completion within two (2) years following such destruction. Whenever such structure has been destroyed by any means out of the control of the owner to an extent of more than fifty percent (50%) of its replacement value (excluding the value of the land, the cost of preparation of land and the value of any foundation adaptable to a conforming use) at the time of destruction, as determined by the Code Enforcement Officer, or by means within the control of the owner to any extent whatsoever, the structure shall not be restored except in full conformity with all regulations of the district in which such structure is situated, except as may otherwise be provided in Subsection (B) of this Section. When a structure is determined to be substandard by the proper administrative official of the City of Overland under any applicable ordinance of the City and the cost of placing the structure in condition to satisfy the standards under such ordinance shall exceed fifty percent (50%) of the reconstruction cost of the entire structure, such non-conforming structure shall not be restored for the purpose of continuing a non-conforming use, except as may otherwise be provided in Subsection (B) of this Section. However, none of the restrictions contained in this Section shall limit the authority of the Board of Adjustment to grant relief for reconstruction of a non-conforming structure, as provided in Article XVI.

Whenever any commercial structure located in a residentially zoned district is prohibited from being reconstructed by reason of Subsection (A) of this Section, the property owner may petition the Council for the privilege to reconstruct the non-conforming structure, provided that such petition is filed within ninety (90) days of such destruction or determination of substandardness. The privilege herein provided for shall not be granted unless a majority of two-thirds (⅔) of the Council approves the petition. In passing upon the petition the Council shall consider all relevant factors, including the appropriateness of the commercial use in the immediate neighborhood. Any privilege to reconstruct herein granted shall be conditioned upon the owner complying with the provisions of Article IX, site plan approval.

Section 400.525 Change of Tenancy or Ownership.

[CC 1976 App. A §8.07; Ord. No. 2449 §1, 11-14-1988]

There may be 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 non-conforming use, building or structure.

Section 400.530 Completion of Pending Construction and Building Permits.

[CC 1976 App. A §8.08; Ord. No. 2449 §1, 11-14-1988]

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 had been heretofore issued, or plans or final subdivision plats which have been approved by the Council at the time of the passage of this Chapter.

Section 400.535 Conditional Uses.

[CC 1976 App. A §8.09; Ord. No. 2449 §1, 11-14-1988]

Any use existing at the time of adoption of this Chapter, November 14, 1988, 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 400.540 Substandard Non-Conforming Lots of Record.

[CC 1976 App. A §8.10; Ord. No. 2449 §1, 11-14-1988]

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 not 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 ordinance.

Section 400.545 Existence of a Non-Conforming Use.

[CC 1976 App. A §8.11; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §2, 12-11-1989]

A non-conformity shall not be deemed to have existed on the date this Zoning Code or any amendment thereto became effective; unless:

It was in being on a continuous basis and to its fullest extent on such date.

If such non-conformity is a use, such use had not been abandoned as herein defined.

The Director of Public Works shall decide whether a valid non-conforming use, as defined herein, exists.

Section 400.550 Non-Conforming Uses Not Validated.

[CC 1976 App. A §8.12; Ord. No. 2449 §1, 11-14-1988]

A use in violation of a provision of the ordinance which this repeals (Ordinance No. 1227, as amended) shall not be validated as a non-conforming use by this Chapter.

Section 400.555 Joint Use of Buildings, Structures and/or Land.

[CC 1976 App. A §8.13; Ord. No. 2449 §1, 11-14-1988]

Where a non-conforming use exists, and a conforming use is proposed, the non-conforming use must cease upon initiation of the conforming use. No joint use of either buildings, structures, and/or land shall be permitted.

Section 400.560 Non-Conformity as Basis for Variance.

[CC 1976 App. A §8.14; Ord. No. 2449 §1, 11-14-1988]

The existence of any present non-conformity anywhere in the City shall not itself be considered grounds for the issuance of a variance for other property.

Section 400.565 Non-Conforming Uses Not to Be Moved.

[CC 1976 App. A §8.15; Ord. No. 2449 §1, 11-14-1988]

A non-conforming use of land shall not be moved to another part of a lot or outside the lot, and a non-conforming use of a structure shall not be moved to any part of the structure not manifestly arranged and designed for such use at the time the use became non-conforming, except that in the case of extraction of raw materials from the earth, extraction operations and moving of related structures may occur on any part of the tract owned or leased by the operator at the time of becoming a non-conforming use.

Section 400.570 Eventual Conformance With Environmental Performance Standards.

[CC 1976 App. A §8.16; Ord. No. 2449 §1, 11-14-1988]

Within five (5) years of the date of the adoption of this Chapter or the date of adoption of any applicable amendments to this Chapter, any use which is or becomes a non-conforming use shall be brought into conformance with the environmental performance standards established in Article VI, "Environmental Performance Standards" regulations. Any use listed in this paragraph need not be discontinued in the event that the adoption of this Chapter or amendments to this Chapter changes the status of such use from that of non-conforming use to that of a permitted use in the district in which it is located. Any use not in compliance with conformance standards will not conform.

Section 400.575 Improvements to Non-Conforming Structures.

[CC 1976 App. A §8.17; Ord. No. 2449 §1, 11-14-1988]

In those instances where a building or structure is non-conforming due to an inadequate yard setback only, such structure or building may be improved to the extent that the proposed improvement does not:

Increase the non-conformity of the particular setback; or

Create a new and different non-conformity, such as a different yard setback, parking, or so forth.

Overland City Zoning Code

ARTICLE VIII