Raymore City Zoning Code
CHAPTER 475
Nonconformities
§ 475.010 Purpose.
The regulations of this chapter govern uses, structures, lots and other situations that came into existence lawfully but do not comply with one (1) or more requirements of this Code. These types of situations are said to be nonconforming. The intent of this chapter is to clarify the effect of such nonconforming status and avoid their confusion with illegal buildings and uses. These regulations recognize the interests of landowners in continuing to use and maintain their properties for uses and activities that were lawfully established. The regulations also seek to encourage continued maintenance, rehabilitation, and reuse of existing buildings and structures. However, these regulations also place limitations on nonconformities that have the potential to adversely affect surrounding properties.
§ 475.020 Scope.
This chapter applies to nonconformities created by the adoption of this Code or subsequent amendments to it and to those nonconformities lawfully existing at the time of adoption of this Code.
§ 475.030 Provisions of General Applicability.
A.
Continuation Permitted. Any nonconformity that lawfully existed on the date of adoption of this Code or that becomes nonconforming upon the adoption of any amendment to this Code may be continued in accordance with the provisions of this chapter.
B.
Illegal Uses, Buildings, and Structures. Uses, buildings, structures or components of uses that were not lawfully established prior to adoption of this chapter will not become legal by virtue of its enactment. Illegal uses, buildings, and structures must be immediately brought into compliance with all ordinances of the City.
C.
Determination of Nonconforming Status. The burden of establishing that a nonconformity exists will, in all cases, be upon the property owner of the nonconforming use, building or structure and not upon the City.
D.
Replacement Value. Replacement value for all structures will be interpreted as the assessed value of the improvement based on information obtained from the county assessor unless the applicant provides replacement value data prepared by a certified appraiser. When assessed value data is not available and the subject owner has not provided appraisal data, the Development Services Director is authorized to determine replacement value based on the best available data.
E.
Repairs and Maintenance. Incidental repairs and normal maintenance of nonconforming situations are permitted to maintain a property in sound condition, unless expressly prohibited by this Code or other City ordinances. Examples of normal maintenance and incidental repairs include installation or relocation of nonbearing walls, nonbearing partitions, fixtures, equipment, wiring, roofing, and plumbing. Nothing in this Code may be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an official order of a City official.
F.
Safety Regulations. All police power regulations enacted to promote the public health, safety, and welfare including, but not limited to all building, fire, and health codes, apply to nonconforming uses, buildings structures.
G.
Tenancy and Ownership. The status of a nonconformity is not affected by change of tenancy, ownership or management. Nonconforming status “runs with the land”.
H.
Creation of Non-Conformity. The subdivision of land shall not create any non-conforming lot, building or structure, or component of use.
[Amendment 33 - Ordinance 2020-068, 11-23-2020]
§ 475.040 Nonconforming Uses.
A nonconforming use is one (1) that was lawfully established in accordance with the zoning requirements in effect at the time of the use’s establishment but that is no longer permitted by the use regulations of the zoning district in which the use is now located. This includes existing nonconforming use of part or all of a structure or any lawfully existing nonconforming use of land, not involving a structure or only involving a structure which is accessory to such use or land.
A.
Continuation. Nonconforming uses may remain, subject to the regulations of this section.
B.
Alteration and Expansion.
1.
Except as expressly prohibited by this section, the Development Services Director is authorized to permit a nonconforming use to expand into another part of the same building or alter or expand the existing building, provided that the Development Services Director determines that such alteration or expansion:
a.
Will not result in a violation of off-street parking or loading requirements;
b.
Will not violate any applicable dimensional standards;
c.
Will not result in greater adverse impacts on the surrounding area, with respect to noise, traffic generation, odor or other environmental effects; and
d.
Is not expressly prohibited by paragraph 2 below.
C.
Relocation. A nonconforming use may not be relocated in whole or in part to any other lot or parcel unless the relocation brings the use into compliance with all regulations of the zoning district into which it is relocated.
D.
Change or Substitution of Use.
1.
Except as otherwise expressly authorized, a nonconforming use may not be changed to any use other than a use allowed within the zoning district in which the use is located. When a nonconforming use has been changed, in whole or in part, to an allowed use, it may not be changed back to a use that is not allowed. A change of use will be deemed to occur when an existing nonconforming use has been terminated and an allowed use has commenced. Any change in use in violation of this chapter will be deemed an abandonment of the previous nonconforming use.
2.
The City Council may permit the substitution of one (1) nonconforming use for another nonconforming use within the same use category, provided that the substituted use will create no greater adverse impacts on the surrounding area than the previous use. In making such a determination, the City Council may consider the following factors:
3.
If the City Council approves a use substitution, the previous nonconforming use is deemed to have been abandoned. In permitting such a change in use, the City Council may impose conditions on the substituting nonconforming use.
E.
Loss of Nonconforming Status; Damage or Destruction.
1.
If a nonconforming use is discontinued for a period of six (6) continuous months or more, all nonconforming use rights are lost and reestablishment of the nonconforming use is prohibited.
2.
If a building or structure occupied by a nonconforming use is damaged or destroyed by fire, explosion, flood or other means that is not within the control of the property owner or tenant, to an extent of more than fifty percent (50%) of the replacement value of the building and/or structure it may not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located. This provision does not apply to single-family dwellings, which may be reestablished in any zoning district in compliance with paragraph 3, below.
3.
If a building, structure or property occupied by a nonconforming use is damaged or destroyed, by any means not within the control of the property owner or tenant, to an extent of fifty percent (50%) or less of the replacement value, it may be repaired, reconstructed or restored provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair or reconstruction within six (6) months of the date of damage or destruction, and the construction must be initiated within one (1) year of issuance of the building permit, and diligently pursued. If a building permit is not obtained within six (6) months, then the building and/or structure and use may be reestablished only if it complies with all regulations of the district in which it is located.
4.
In the event that any building, structure or property occupied by a nonconforming use is damaged or destroyed by a means within the control of the property owner or tenant, the building and/or structure and use may be restored or repaired only in compliance with all regulations of this Code.
5.
No use which is accessory to a principal nonconforming use may continue after such principal use ceases or is terminated.
§ 475.050 Nonconforming Buildings and Structures.
A nonconforming building or structure is one (1) that was lawfully established in accordance with the zoning requirements in effect at the time of its establishment but that is no longer in compliance with one (1) or more dimensional standards of this Code. Common examples of nonconforming buildings or structures are those that do not comply with current setback, height or building coverage requirements.
A.
Continuation. Nonconforming buildings or structures may remain, subject to the regulations of this section.
B.
Use. A nonconforming building or structure may be utilized for or occupied by any use allowed in the applicable zoning district, subject to all applicable use standards of Chapter 420.
C.
Alteration and Expansion. The Development Services Director is authorized to permit the alteration, expansion, enlargement or increase in size of a nonconforming building or structure provided that he/she determines that such alteration or expansion:
1.
Will not result in a violation of off-street parking or loading requirements;
2.
Will not create any new nonconformities with respect to bulk or density standards; and
3.
In the case of an addition that will expand a nonconforming building, the addition will not encroach any further into the existing setbacks, further increase nonconforming building height or increase nonconforming building coverage.
D.
Relocation. A nonconforming building or structure may not be relocated in whole, or in part, to any other location on the same lot or parcel, or to any other lot or parcel, unless the relocation brings the building or structure into further or full compliance with the regulations of the zoning district in which it is relocated. This provision may not be interpreted as prohibiting the elevation of a nonconforming building or structure for the purpose of floodproofing or repair.
E.
Loss of Nonconforming Status; Damage or Destruction.
1.
If a nonconforming building or structure is damaged or destroyed by fire, explosion, flood, or other means that is not within the control of the property owner or tenant to an extent of more than fifty percent (50%) of the replacement value of the building or structure, it may not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located. This provision does not apply to single-family dwellings which may be fully reestablished in any zoning district in compliance with paragraph 2 below.
2.
If a nonconforming building or structure is damaged or destroyed by any means not within the control of the property owner or tenant to an extent of fifty percent (50%) or less of the replacement value, it may be repaired, reconstructed or restored provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair or reconstruction within six (6) months of the date of damage or destruction, and the construction must be initiated within one (1) year of issuance of the building permit, and diligently pursued. If a building permit is not obtained within six (6) months or the repairs or restoration are not initiated within one (1) year of the issuance of the building permit, and diligently pursued, then the building or structure and use may be reestablished only if it complies with all regulations of the district in which it is located.
3.
In the event that any nonconforming building or structure is damaged or destroyed by a means within the control of the property owner or tenant, the building or structure and use may be restored or repaired only in compliance with all requirements of this Code.
§ 475.060 Nonconforming Lots of Record.
A nonconforming lot of record is a tract of land designated on a duly recorded subdivision plat, by a duly recorded deed or by other lawful means that does not comply with minimum lot area or lot width regulations of the zoning district in which it is located. No nonconforming lot of record may be improved except in compliance with this section.
A.
Use. Any lot that became nonconforming upon the effective date specified in Section 400.020 or any subsequent amendment and does not meet the requirements of this Code for lot area or lot width may be developed with a use that is permitted within the applicable district. Unless a variance is approved by the Board of Adjustment, all construction upon a nonconforming lot shall be in compliance with the bulk and dimensional standards of the applicable zoning district.
B.
Criteria for Use of Nonconforming Lots of Record. Upon compliance with the provisions of this section and other applicable provisions of this Code, the Development Services Director may issue a zoning certificate if the subject lot and proposed development meets the following criteria:
§ 475.070 Nonconforming Signs.
Nonconforming signs are those that were lawfully established but no longer comply with the sign regulations of this Code.
A.
Continuation. A nonconforming sign may remain, subject to the regulations of this section.
B.
Alteration and Expansion. A nonconforming sign cannot be enlarged, expanded or otherwise improved except for the purpose of normal maintenance and incidental repairs. The only alteration to a nonconforming sign that is permitted is a change in the sign face, the words or symbols used or the message displayed, only to advertise an activity, business or use conducted or a product sold on the premises where the sign is located, provided that the sign is not abandoned, as defined in Paragraph E of this section. Any other alteration or change must be to bring the nonconforming sign into compliance with the regulations of this Code.
C.
Relocation. A nonconforming sign cannot be relocated in whole or in part to any other location unless the relocation results in the entire sign being brought into compliance with all applicable regulations of this Code.
D.
Loss of Nonconforming Status; Damage or Destruction.
1.
If a nonconforming sign is damaged or destroyed by any means not within the control of the property owner to the extent the that the estimated expense of repairs exceeds fifty percent (50%) of its replacement value, the sign must be removed or otherwise brought into compliance with the regulations of this Code. Removal of a nonconforming sign must include removal of the sign face, all support structures and lighting apparatus.
2.
If a nonconforming sign is damaged or destroyed by a means within the control of the property owner or tenant, the sign may be restored, repaired or replaced only if the sign is in compliance with all requirements of this code.
E.
Abandonment. Any nonconforming sign that no longer advertises an activity, business or use conducted or a product sold on the premises where the sign is located will be deemed to be abandoned after a period of ninety (90) days. All abandoned signs must be removed or brought into full compliance with the regulations of this Code.
§ 475.080 Nonconforming Components of Use.
Nonconforming components of use are those elements of a property that are not in conformance with the regulations of this code.
A.
Continuation. A nonconforming component of use may remain subject to the regulations of this section.
B.
Alteration and Expansion.
1.
No building or use shall be altered, expanded or enlarged unless the components of use on the property are in full compliance with City code.
2.
A component of use may be altered if the alteration reduces the nonconformity. Examples of the manner in which nonconforming components of use could be reduced are the following:
3.
Approval from the Development Services Director shall be obtained prior to any alterations of a component of use.