Ozark City Zoning Code
ARTICLE IV
Non-Conformities of Zoning District Regulations
Section 405.570 General Provisions Affecting Non-Conformities.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Within the districts established by this Chapter or by amendments that may later be adopted, there exists lots, premises structure and uses of land which were lawful before this Chapter was effective or amended, but which would be prohibited, regulated or restricted under the provisions of this Chapter or future amendment.
B.
It is the intent of this Chapter to permit these non-conformities to continue until they are removed (except as otherwise herein provided), but not to encourage their survival. Such non-conformities are declared by this Chapter to be incompatible with the permitted structures and uses of land and structures in the districts involved. It is further the intent of this Chapter that such non-conformities shall not be enlarged upon, expanded or extended except as provided for herein, nor to be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
C.
A non-conforming use of land, premises or structure shall not be enlarged upon, expanded or extended after the effective date of this Chapter.
D.
If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
E.
A non-conforming use or a non-conforming building or structure which is non-conforming only because of failure to provide required off-street parking spaces or loading berths shall have all the rights of a conforming use or structure.
Section 405.580 Non-Conforming Uses of Land.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Where, on the effective date of adoption or amendment of this Chapter, a lawful use of land exists that is no longer permissible under the regulations and standards of this Chapter as adopted or amended, such use may be continued so long as it remains otherwise lawful subject to the following provisions:
1.
No such non-conforming use of land shall be enlarged, increased or extended to occupy a greater area of land than was occupied on the effective date of adoption or amendment of this Chapter.
2.
No such non-conforming use of land shall be moved in whole or in part to any other portion of the lot or tract of land occupied on the effective date of adoption or amendment of this Chapter.
3.
If any such non-conforming use of land ceases for any reason for a period of more than thirty (30) consecutive days, any subsequent use of such land shall conform to the resolutions and standards set by this Chapter for the district in which such land is located.
4.
A non-conforming use of land shall not be changed to any other use except to a use permitted in the district in which the land is located.
Section 405.590 Non-Conforming Structures.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Where, on the effective date of adoption or amendment of this Chapter, a lawful structure exists that could not be built under the regulations and standards of this Chapter as adopted or amended by reasons of restrictions on lot area, lot coverage, floor area ratio, heights, yards, spacing between buildings or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains lawful subject to the following provisions:
1.
No such structure may be enlarged or altered in a way which increases its non-conformity. On a non-conforming structure work may be done in any period of twelve (12) consecutive months on ordinary repairs or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, provided that the volume of such building or the size of such structure as it existed at the effective date of adoption or amendment of this Chapter shall not be increased.
2.
Should such structure be destroyed by any means to an extent of more than sixty percent (60%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Chapter.
3.
Should any structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations and standards for the district in which it is located after it is moved.
Section 405.600 Non-Conforming Uses of Structures.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Where, on the effective date of adoption or amendment of this Chapter, a lawful use of a structure or a premises exists that is no longer permissible under the regulations and standards of this Chapter as adopted or amended, such use may be continued so long as it remains otherwise lawful subject to the following provisions:
1.
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, extended, constructed, reconstructed, moved or altered except in changing the use of such building or structure to a use permitted in the district in which it is located. On a structure devoted to a non-conforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs or replacement of non-bearing walls, fixtures, wiring or plumbing to an extent not to exceed ten percent (10%) of the then current replacement value of the structure, provided that the volume of such building or the size of such structure as it existed at the effective date of adoption or amendment of this Chapter shall not be increased.
2.
Any non-conforming use may be extended throughout any parts of the building or structure which were manifestly arranged or designed for such use at the effective date of adoption or amendment of this Chapter, but no such use shall be extended to occupy land outside building or structure.
3.
If no structural alterations are made, any non-conforming use of building or structure or of any premises may be changed to another non-conforming use provided that the Planning and Zoning Commission, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such changes the Planning and Zoning Commission may require appropriate conditions and safeguards in accord with the provisions of this Chapter.
4.
Any building or structure, or any premises, in or on which a non-conforming use is superseded by a permitted use shall thereafter conform to the regulations and standards of the district in which such building, structure or premises is located and the non-conforming use shall not be resumed.
5.
When a non-conforming use of a building or structure or of a premises is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three (3) year period, the building or structure or the premises shall not thereafter be used except in conformance with the regulations and standards of the district in which it is located.
6.
Where non-conforming use status applies to the use of a building, removal or destruction of the building or structure shall eliminate the non-conforming use status and any use of a new building or structure must be a use permitted in the district in which it is located. "Destruction", for this purpose, is defined as damage to an extent of more than sixty percent (60%) of the replacement cost at time of destruction.