This Chapter shall delineate the requirements for which legal non-conforming situations within the City of St. Robert may be allowed to continue.

Unless otherwise specifically provided or unless clearly required by the context, the words and phrases defined in this Section shall have the meanings indicated when used in this Chapter.

Except as otherwise provided herein, non-conforming situations that lawfully existed on the effective date of this regulation may be continued although such use does not conform to the provisions of the zoning district in which it is located. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or of a more restricted classification. Whenever a non-conforming use has been changed to a more restricted use or a conforming use, such use shall not thereafter be changed to a less restricted use. The non-conforming use of a building may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for such use at the time of the enactment of this regulation.

Non-conforming projects authorized prior to the adoption of this regulation may be completed as approved.

Non-conforming situations existing at the time of annexation to the City may be continued, subject to the provisions of this Chapter.

Whether a non-conforming use legally existed shall become a question of fact, the matter shall be decided by the Board of Adjustment in accordance with the guidelines set forth in this regulation.

Whenever the use of a building becomes non-conforming through a change in zoning district boundaries, such use may be continued subject to the limitations stated in Section 405.013 (Abandonment and Discontinuance of Non-Conforming Situations).

In the event an estate is filed in Probate Court, to which a legal non-conforming situation is a part of said estate, the non-conforming situation that existed on the effective date of this regulation may be continued upon final adjudication of the Probate Court proceedings under the following conditions:

Any mobile home court that lawfully existed on the effective date of this regulation may be continued, although such use does not conform to the provisions of the zoning district in which it is located, under the following conditions subject to the limitations stated in Section 405.013 (Abandonment and Discontinuance of Non-Conforming Situations):

The non-conforming use of land existing at the time of the effective date of this regulation may be continued under the following conditions:

In a "R" residential district, when a non-conforming lot can be used in conformity with all of the regulations applicable to the intended use, such as setbacks, except that the lot is smaller than the required minimums (minimum lot size), then the lot may be used for a single-family dwelling.

When the use proposed for a non-conforming lot is one that is conforming in all other respects but the applicable setback requirements cannot be reasonably complied with, then the entity authorized by this regulation to issue a permit for the proposed use (Board of Adjustment) may allow deviations from the applicable setback requirements if it finds that:

For purposes of Subsection (B), compliance with applicable building setback requirements is not reasonably possible if a building cannot practicably be constructed and located on the lot in conformity with such setback requirements. However, mere financial hardship does not constitute grounds for finding that compliance is not reasonably possible.

This Section applies only to undeveloped non-conforming lots in existence on the effective date of this regulation. A lot is undeveloped if it has no substantial structures upon it. A change in use of a developed non-conforming lot may be accomplished in accordance with Section 405.011.

Subject to the following sentence, if, on the date this Section becomes effective, an undeveloped non-conforming lot adjoins and has continuous frontage with one (1) or more other undeveloped lots under the same ownership, then neither the owner of the non-conforming lot nor his successors in interest may take advantage of the provisions of this Section. This Subsection shall not apply to a non-conforming lot if a majority of the developed lots located on either side of the street where such lot is located and within five hundred (500) feet of such lot are also non-conforming. The intent of this subsection is to require non-conforming lots so be combined with other undeveloped lots to create conforming lots under the circumstances specified herein, but not to require such combination when that would be out of character with the way the neighborhood has previously been developed.

Except as specifically provided in this Section, no person may engage in any activity that causes an increase in the extent of non-conformity of an existing non-conforming situation. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in:

Subject to Subsection (D), a non-conforming use may extend throughout any portion of a completed building that, when the use was made non-conforming by this regulation, was manifestly designed or arranged to accommodate such use. However, a non-conforming use may not be extended to additional buildings or to land outside the original building.

A non-conforming use of open land may not be extended to cover more land than was occupied by that use when it became non-conforming, except that a use that involves the removal of natural materials from the lot (e.g. a quarry operation) may be expanded to the boundaries of the lot where the use was established at the time it became non-conforming if ten percent (10%) or more of the earth products had already been removed on the effective date of this regulation.

The volume, intensity or frequency of use of property where a non-conforming situation exists may be increased and the equipment or processes used at a location where a non-conforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other paragraphs of this Section occur.

Notwithstanding Subsection (A), any manufactured home used for single-family residential purposes and maintained as a legal non-conforming use on an individually owned lot may be replaced with a similar structure under the following conditions subject to the limitations stated in Section 405.013 (Abandonment and Discontinuance of Non-Conforming Situations):

Whenever (i) there exists a lot with one (1) or more structures on it, and (ii) a change in use that does not involve any enlargement of a structure that is proposed for such lot, and (iii) the off-parking or loading requirements that would be applicable as a result of the proposed change cannot be satisfied on such lot because there is not sufficient area available on the lot that can practicably be used for parking or loading, the proposed use shall not be regarded as resulting in an impermissible extension or enlargement of a non-conforming situation. However, the applicant shall be required to comply with all applicable parking and loading requirements that can be satisfied without acquiring additional land and shall be required to obtain satellite parking in accordance with Section 417.019 if such satellite parking is reasonably available. If such satellite parking is not reasonably available at the time the zoning or conditional use permit is granted, the permit recipient shall be required to obtain it if and when it does become reasonably available. This requirement shall be a continuing condition of the permit.

Minor repairs to and routine maintenance of property where non-conforming situations exist are permitted and encouraged.

A legal pre-existing non-conforming residential dwelling which is damaged or partially destroyed by fire, flood, wind, explosion, earthquake or other calamity or act of God in excess of fifty percent (50%) of its replacement cost at that time may be repaired or reconstructed provided such work is started within six (6) months of the actual damages occurring, and the non-conforming use is used for residential purposes only. If after the six (6) month period no repairs or replacement have started, the non-conformity shall expire and use of the land can only be used for conforming land uses thereafter.

A legal pre-existing non-conforming non-residential building or structure which is damaged or partially destroyed by fire, flood, wind, explosion, earthquake or other calamity or act of God shall not be restored or used for such purpose if the expense of such restoration exceeds fifty percent (50%) of the replacement cost of the building or structure at the time such damage occurred. Any non-conforming building or structure partially destroyed may be restored provided restoration is started within six (6) months of the date of partial destruction and is diligently prosecuted to completion. Whenever a non-conforming building or structure is damaged in excess of fifty percent (50%) of its replacement cost at that time, the repair or reconstruction of such building or structure shall conform to all the regulations of the district in which it is located, and it shall be treated as a new building.

The City Building Department may issue a permit authorized by this Section if it is found that, in completing the renovation, repair or replacement work:

Compliance with a requirement of this regulation is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the non-conforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible.

An existing structure housing a non-conforming use shall not be enlarged nor structurally altered except under the following conditions:

No existing building devoted to a use not permitted by this regulation in the district in which such building is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to a use permitted in the district in which such building is located.

A change in use of property (where a non-conforming situation exists) that is sufficiently substantial to require a new zoning or conditional use permit in accordance with Chapter 406 may not be made except in accordance with Subsections (B) through (D).

If the intended change in use is to a principal use that is permissible in the district where the property is located and all of the other requirements of this regulation applicable to that use can be complied with, permission to make the change must be obtained in the same manner as permission to make the initial use of a vacant lot. Once conformity with this regulation is achieved, the property may not revert to its non-conforming status.

If the intended change in use is to a principal use, but all the requirements of this regulation applicable to that principal use cannot reasonably be complied with, then the change may be allowed if the Land Use Administrator issues a permit authorizing the change. This permit may be issued if the Land Use Administrator finds, in addition to any other findings that may be required by this regulation, that:

Change To Another Non-Conforming Use. If the intended change in use is to another principal use that is also non-conforming, then the change is permissible if the permit issuing authority authorized by this regulation to issue a permit for the particular use (Board of Aldermen) issues a permit authorizing the change. The permit issuing authority may issue the permit if it finds that all of the following conditions are met:

When a non-conforming use, building, structure or portion thereof which is or hereafter becomes vacant and remains unoccupied or is discontinued for a consecutive period of one hundred eighty (180) days, the property involved may thereafter be used only for conforming purposes and shall comply with all of the regulations applicable to the zoning district in which the property is located. Clear intent upon the part of the owner to abandon the non-conformity shall thereafter return the property to the regulations of the zoning district in which it is located.

For purposes of determining whether a right to continue a non-conforming situation is lost pursuant to this Section, all of the buildings, activities and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one (1) apartment in a non-conforming apartment building for one hundred eighty (180) days shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building as a whole is continuously maintained. But if a non-conforming use is maintained in conjunction with a conforming use, discontinuance of a non-conforming use for the required period shall terminate the right to maintain it thereafter.

When a structure or operation made non-conforming by this regulation is vacant or discontinued at the effective date of this regulation, the one hundred eighty (180) day period for purposes of this Section begins to run on the effective date of this regulation.

The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a non-conforming use. The existence of a non-conforming use on the part of a lot or tract shall not be construed to establish a non-conforming use on the entire lot or tract.