Non-conforming uses of land are those which were lawful before new zoning ordinances came into effect, but which would be prohibited and regulated as present zoning regulations are enforced, including those referred to herein. Non-conforming uses are declared by this Section to be incompatible with permitted uses in the districts involved. After passage of this Chapter the City of Pevely shall not permit a non-conforming use of a structure, land or a non-conforming use of both structure and land.

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 of adoption or amendment of this Chapter. "Actual construction" is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner.

In any district in which the City of Pevely permits single-family dwellings, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Chapter, as constrained by limitations imposed by other provisions of this Chapter. This lot must be in separate ownership and not of contiguous frontage with other lots in the same ownership. In addition, the said lot shall be recorded in a subdivision of record as of the passage of this Chapter and the said subdivision of record shall have constructed residences upon seventy percent (70%) or more of its platted lots of record.

If two (2) or more lots, combinations of lots or portions of lots with contiguous frontage are held in single ownership at the time of passage or amendment of this Chapter and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel. In addition, the City of Pevely will treat subdivided lots as a single lot, provided that said lots are recorded as singly-owned. This exception will apply only to combinations of lots or portions of lots which occupy contiguous frontage and, furthermore, such subdivided lots shall be recorded and shall have constructed residences upon seventy percent (70%) or more of its platted lots. However, no new division of any parcel shall be made which creates a lot with a width or area below the requirements stated in this Chapter. Any variance of yard requirements shall be obtained only through action of the Board of Adjustment.

No such non-conforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Chapter.

No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Chapter.

If any non-conforming use of land ceases for any reason for a period of more than sixty (60) days, any subsequent use of such land shall conform to the regulations specified by this Chapter for the district in which such land is located.

No additional structure not conforming to the requirements of this Chapter shall be erected in connection with such non-conforming use of land.

No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.

Should such non-conforming structure or non-conforming portion of 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. The extent of destruction shall be estimated based upon the value of the reconstruction stated in the application for a building permit compared to the general market value of undamaged similar structures in the vicinity.

Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulation for the district in which it is located after it is moved.

No existing 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 structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Chapter, but no such use shall be extended to occupy any land outside such building.

If no structural alterations are made, any non-conforming use of a structure, or structure and premises, may as a special exception be changed to another non-conforming use provided that the Board of Adjustment, 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 change, the Board of Adjustment may require appropriate conditions and safeguards in accord with the provisions of this Chapter.

Any structure or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district and the non-conforming use may not thereafter be resumed.

When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months duration during any three (3) year period (except when government action impeded access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. "Destruction", for the purpose of this Subsection, is defined as damage to an extent of more than fifty percent (50%) of the replacement cost at time of destruction. The extent of destruction shall be estimated based upon the value of the reconstruction stated in the application for a building permit compared to the general market value of undamaged similar structures in the vicinity.

On any non-conforming structure or portion of a structure containing a non-conforming use, 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 to an extent not exceeding ten percent (10%) of the current replacement cost of the non-conforming structure or non-conforming portion of the structure as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased.

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.

Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by the Zoning Administrator upon order of such official.

Shall not be replaced with a residential dwelling having greater floor area.

May be replaced provided the replacement takes place one (1) year after the residential dwelling is destroyed.

If any non-conforming residential dwelling is destroyed to an extent of more than fifty percent (50%) of its reconstruction cost at the time of destruction but not replaced within one (1) year as authorized in this Section, no residential dwelling shall thereafter occupy the lot except in conformance with the zoning district regulations. Reconstruction cost shall be specified by the owner or builder upon making application for a building permit.

Non-conforming mobile home parks within "MH" Districts. Mobile home parks located in "MH" Districts that are non-conforming due to lot size, setback or other such characteristics shall not be expanded or modified in conformance with the guidelines of the "MH" Manufactured Housing Park District.

Non-conforming mobile home parks outside a "MH" Manufactured Housing Park District. All mobile home parks that are not located within "MH" Manufactured Housing Park Districts are considered as non-conforming uses and as such are subject to the following provisions:

Non-conforming mobile homes not located within mobile home parks. Any manufactured housing not located within manufactured housing parks or "MH" Manufactured Housing Park Districts is henceforth considered a non-conforming use and is subject to the following special provisions. If any non-conforming mobile home is removed but not replaced within one (1) year as authorized in this Section, no mobile home shall thereafter occupy the lot, tract or pad except in conformance with the zoning district regulations.