Saint Charles City Zoning Code
ARTICLE VI
Non-Conforming Uses, Structures and Lots
Section 400.750 Purpose.
[R.O. 2011 § 400.750; R.O. 2009 § 156.160; CC 1981 § 30-143; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
It is the intention that non-conforming uses and non-conforming structures will eventually be eliminated. To this end, the following regulations shall apply to non-conformities.
Section 400.760 Non-Conforming Uses. [1]
[R.O. 2011 § 400.760; R.O. 2009 § 156.161; CC 1981 § 30-144; Ord. No. 77-31, 7-5-1977; Ord. No. 86-77, 4-15-1986; Ord. No. 98-209, 5-15-1998; Ord. No. 04-176, 8-4-2004; Ord. No. 11-219 § 1, 11-4-2011]
A.
A non-conforming use shall not in any way be expanded, extended, or modified and the intensity of use or number of dwelling units shall not be increased, except under the following conditions:
B.
Additional structures associated with the non-conforming use shall not be erected on the premises.
C.
A non-conforming use shall not be changed to another non-conforming use unless such use is a permitted or conditional use in a more restrictive zoning district than the zoning district in which the prior non-conforming use would have been permitted. All such changes shall be subject to review and approval by the Director of Community Development before a new non-conforming use permit is issued by the Department of Community Development. In the alternative, the City Council may, through approval of a conditional use permit, consider and approve a change to another non-conforming use that is equal to or of less intensity than the prior non-conforming use regardless of whether the new non-conforming use would be a permitted or conditional use in a more restrictive zoning district.
D.
A non-conforming use located in a structure that has been damaged by fire, earthquake, tornado, wind, water, flood or any natural or man-made event may be restored and used as it was before it was damaged, except:
1.
Restoration shall not result in an increase in floor area or in building height; and
2.
Restoration shall be diligently prosecuted to completion no later than one (1) year after the date of the event unless a six-month extension is granted by the Director of Community Development upon a showing of good and sufficient cause.
E.
If a non-conforming use is discontinued for a period longer than twelve (12) months, the use shall be considered as having been abandoned. Subsequent use of the land shall be strictly in conformance with all of the regulations of the district in which the land is located. An agricultural use shall not be subject to this regulation.
F.
A change in tenancy, ownership, or management of an existing non-conforming use does not affect the status of the non-conforming use.
Section 400.770 Non-Conforming Structures.
[R.O. 2011 § 400.770; R.O. 2009 § 156.162; CC 1981 § 30-145; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 11-219 § 3, 11-4-2011]
A.
A non-conforming structure that has been damaged by fire, earthquake, tornado, wind, water, flood or any natural or man-made event may be restored and used as it was before it was damaged; except:
1.
Restoration shall not result in any further non-conformity of any setback, height, lot coverage, density, or other zoning design standard; and
2.
Restoration shall be diligently prosecuted to completion no later than one (1) year after the date of the event unless a six (6) month extension is granted by the Director of Community Development upon a showing of good and sufficient cause.
B.
Any existing building or structure devoted to a use permitted in the district in which such building or structure is situated, but failing to comply with the yard or building setback line requirements of any district, may be enlarged, extended, reconstructed, or structurally altered in any manner which does not further encroach upon the required open yard space or building setback line not complied with.
Section 400.780 Non-Conforming Lots.
[R.O. 2011 § 400.780; R.O. 2009 § 156.163; CC 1981 § 30-146; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999]
A.
All Zoning Districts, Except "R-M." Any lot in all zoning districts, except in the "R-M" Manufactured/Modular Residential, which was a legal non-conforming lot at the time of the adoption of this Chapter or became non-conforming based on the adoption of this Chapter and does not meet the lot area, lot width or depth regulations of such district and does not meet the requirements of Subsection (B) below, may be utilized for a permitted use of the district in which it is located; provided it is approved by the Board of Adjustment as outlined in Sections 400.1060 et seq.
B.
Residential Zoning Districts. The purpose of this provision is to permit utilization of recorded lots which lack adequate width and/or depth so long as reasonable living standards can be provided.
1.
Any lot in a residential zoning district which was recorded in the County Recorder of Deeds office at the time of the adoption of these regulations and which does not meet the requirements of this Chapter for lot area, lot width or depth may be utilized for single-family residential purposes under the following conditions:
a.
The area of the lot shall be at least seventy-five percent (75%) of that required by the terms of these regulations.
b.
The dimensions of all required yards shall be at least seventy-five percent (75%) of those required by the terms of these regulations.
c.
The width of the lot as measured at the building setback line shall be at least seventy-five percent (75%) of that required by the terms of these regulations.
2.
Example. An existing lot of record is zoned "R-1E" Single-Family Residential. According to the "design standards" of that district, it should have a minimum area of seven thousand (7,000) square feet and a minimum width of sixty (60) feet. The existing lot of record is eligible for use as long as its area exceeds five thousand two hundred fifty (5,250) square feet (7,000 square feet X 0.75 = 5,250 feet), and its width is greater than forty-five (45) feet (60 feet X 0.75 = 45 feet). In addition, all required yards must be at least seventy-five percent (75%) of those required under the design standards of the "R-1E" District.
C.
For the purposes of this Article, no lot, land, structure or use which conforms to this Chapter shall become non-conforming by reason of the diminution of the size of a lot, front yard, side yard, rear yard or the number of parking spaces when such diminution is a result of the exercise of the power of eminent domain or the threat of use of the power of eminent domain in the acquisition of land by any public authority having the power of eminent domain.
Section 400.790 Non-Conforming Use Permits.
[R.O. 2011 § 400.790; R.O. 2009 § 156.164; CC 1981 § 30-147; Ord. No. 77-31, 7-5-1977; Ord. No. 94-51, 3-3-1994; Ord. No. 98-209, 5-15-1998; Ord. No. 04-176, 8-4-2004; Ord. No. 18-231, 10-16-2018]
A.
All non-conforming uses of land, structures and signs may apply for a non-conforming use permit with the Department of Community Development after the adoption of the zoning district change.
B.
If a non-conforming use permit was not obtained after the adoption of the zoning district change, the owner shall provide proof of non-conformity to the Director of Community Development. If the Director of Community Development is unable to determine from the documentation that the use is a valid non-conforming use, then the request shall be denied. If the Director of Community Development determines that the documentation adequately establishes a valid non-conforming use, then the Director shall issue a non-conforming use permit.