Platte City City Zoning Code
ARTICLE XXVI
Non-Conforming Uses
Section 405.885 Purpose.
[Zoning Regs. §23.010; Ord. No. 1014 §3, 6-12-1998]
The purpose of this Article is to provide for the regulation of non-conforming uses, buildings and structures and signs.
Section 405.890 Authority To Continue Non-Conforming Buildings, Structures and Uses.
[Zoning Regs. §23.020; Ord. No. 1014 §3, 6-12-1998]
Any non-conforming building, structure or use which existed lawfully at the time of adoption of this Chapter and which remains non-conforming and any such building, structure or use which shall become non-conforming upon the adoption of this Chapter or any subsequent amendment thereto may be continued in accordance with the regulations which follow.
Section 405.895 Non-Conforming Use of Land.
[Zoning Regs. §23.030; Ord. No. 1014 §3, 6-12-1998]
A.
The non-conforming use of land at the time of the passage of this Chapter, not involving a building or structure or any building or structure thereon is merely incidental or accessory to the principal use of the land, may be continued subject to the following provisions:
1.
Expansion. A non-conforming use of land shall not be extended or enlarged beyond the area it occupies.
2.
Discontinuance. If the non-conforming use of land is discontinued for a period of six (6) consecutive months, it shall not thereafter be renewed and any subsequent use of the land shall conform to the regulations of the district in which the land is located.
3.
Change of use. 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 405.900 Non-Conforming Use of Conforming and Non-Conforming Buildings or Structures.
[Zoning Regs. §23.040; Ord. No. 1014 §3, 6-12-1998]
A.
The lawfully existing non-conforming use of part or all of a conforming or non-conforming building or structure at the time of the passage of this Chapter may be continued subject to the following provisions:
1.
Expansion of non-conforming use. The non-conforming use of a part of a building or structure shall not be expanded or extended into any other portion of such building or structure unless such additional floor area was manifestly designed for such use at the time such use became non-conforming.
2.
Discontinuance. If a non-conforming use of a building or structure is discontinued for a period of six (6) months, it shall not be renewed and any subsequent use of a building or structure shall conform to the use regulations of the district in which the premises are located.
3.
Change of a non-conforming use. No non-conforming use shall be changed to another non-conforming use.
4.
Special use permit. If the building or structure is so designed that only a non-conforming use can be performed within the structure, the owner may apply to the Board of Aldermen for a special use permit.
Section 405.905 Restrictions On Non-Conforming Buildings, Structures and Uses Thereof.
[Zoning Regs. §23.050; Ord. No. 1014 §3, 6-12-1998]
A.
Any lawfully existing building or structure which does not conform with the regulations of the district in which it is located shall be subject to the provisions of this Section:
1.
Repairs. Ordinary maintenance and repairs may be made to a non-conforming building or structure as long as it does not extend the non-conforming use. The Planning Commission shall determine what is an ordinary repair.
2.
Alterations and enlargements.
a.
A non-conforming building or structure which is non-conforming only as to height, yard, parking or loading regulations may be altered, including structural alterations or enlarged; provided such alterations or enlargements comply with the regulations and standards of this Chapter. (Including bringing all parking and loading regulations up to the current requirements of this Chapter.)
b.
A non-conforming building or structure shall not be added to or enlarged unless it is substantially designed or intended for a use now permitted in the district where it is located.
3.
Restoration of damaged non-conforming building. A non-conforming building or structure damaged by fire or other causes by an act of God to the extent of not more than fifty percent (50%) of its true current value before the damage may only be restored to its original size and occupancy if a building permit is obtained and greater than ninety percent (90%) of the reconstruction is completed within one (1) year. Said building or structure, if destroyed or damaged to an extent greater than fifty percent (50%) of its true current value, shall be restored only if said building or structure, in the use thereof, shall conform to all regulations of the district in which it is located.
4.
Subdivision plots protected for three (3) years. Two (2) or more adjoining non-conforming subdivision plots, not in separate ownership, in a subdivision recorded, whether or not approved by the Planning Commission prior to the effective date of this Chapter, shall have three (3) years from the date of final approval of this Chapter by the Planning Commission to obtain a building permit. Any non-conforming plot in a subdivision, whether or not approved by the Planning Commission more than three (3) years prior to the effective date of this Chapter and not in separate ownership as of the effective date of this Chapter so as to qualify, shall not be eligible to receive a building permit, and said subdivision, part or plot thereof shall be resubmitted to the Planning Commission for reapproval in accordance with the applicable provisions of this Chapter. Any plot in a subdivision approved by the Planning Commission after the effective date of this Chapter, which conforms to the height and area regulations but which is made non-conforming as to height and area regulations by any future amendment, shall have three (3) years from the effective date of the future amendment or three (3) years from the date of final approval by the Planning Commission, whichever is sooner, to obtain a building permit. Any subdivision plot for which a permit is applied for after the time periods specified herein shall conform to all this Chapter's regulations.
5.
Existing permits. Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued and plans for which are on file with the City Clerk at the time of the passage of this Chapter and the construction of which in either case shall have been diligently prosecuted within one (1) year of the date of such permit.
Section 405.910 Non-Conforming Plots Without Building or Structures.
[Zoning Regs. §23.060; Ord. No. 1014 §3, 6-12-1998]
The owner of a non-conforming plot must apply to the Board of Zoning Adjustment for a variance to use his/her land as set forth in the district and to construct any building or structure upon the plot.