Town And Country City Zoning Code
ARTICLE V
Non-Conforming Use Regulations
Section 405.160 Purpose and Statement of Policy.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(5000), 11-13-1989]
A.
A non-conforming use is one which existed lawfully, whether by variance or otherwise, on the date this Chapter or any amendment thereto became effective, and which fails to conform to one (1) or more of the applicable regulations and requirements in the Zoning Code or such amendments thereto; provided that no lot improved with a single-family detached dwelling unit shall be deemed a non-conforming use for purposes of obtaining any permit, if:
1.
The improvements to be constructed pursuant to the permit meet all requirements of this Chapter which pertain to those proposed improvements; and,
B.
Non-conforming uses are hereby declared to be incompatible with and detrimental to the uses permitted in the zoning district in which they are situated since they confer upon their owners and users a position of unfair advantage. Non-conforming uses should be abolished and reduced to conformity as quickly as the fair interest of the parties permit. Non-conforming uses shall be subject to and comply with the regulations set forth in this Article.
Section 405.170 Change, Alteration, Expansion, Extension or Termination of Non-Conforming Uses.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(5001), 11-13-1989]
A.
Change. Except as provided in the Subsections below, a non-conforming use may be changed only to a conforming use. Whenever a non-conforming use has been changed to a conforming use, it shall not thereafter be changed to a non-conforming use.
B.
Alteration, Expansion Or Extension. No extensions, alterations, expansions, enlargements or other structural alterations of a building, structure or other portion of a non-conforming lot shall be permitted except the following:
1.
Interior alterations. A non-conforming use may be extended throughout a building or structure. No interior alteration of a building shall be construed as the expansion of a non-conforming use so long as the alteration does not affect the appearance of the exterior walls of the building.
2.
External alteration, expansion or change. External alteration, expansion or change to non-conforming uses may be made where such external alteration, expansion or change is required by law or ordinance, or where the Director deems such external alteration, expansion or change is necessary to ensure the public safety, to secure the continued use of the building or structure, or to bring the use of the building or structure more into conformity with the provisions of the ordinance and thereby to diminish the non-conformity.
3.
Existing multi-family and single-family, attached residential uses in annexed areas.
a.
Existing multi-family and single-family, attached residential uses in any area annexed to the City after November 30, 1983, which were legally conforming uses in the annexed area at the time of annexation, shall be deemed permitted uses within the zoning districts in which they are located in the City of Town and Country.
b.
Existing multi-family and single-family, attached residential uses in any area annexed to the City may be altered, expanded or extended consistent with the zoning standards applicable in the area at the time of annexation, provided:
(1)
Such uses were conforming uses in the annexed area prior to annexation,
(2)
Plans for the existing multi-family or single-family, attached residential development were approved prior to annexation by the authority with jurisdiction at that time, if required by that authority, and
(3)
Said plans were recorded in the office of the Recorder of Deeds in the County in which the residential development is located. The City shall secure a copy of the plans for the residential development prior to issuing a building permit for any multi-family or single-family, attached dwelling within that development and ensure compliance with the standards applicable to that development at the time the plans for the development were recorded.
4.
Existing single-family dwellings within Planned Residential Community (PRCS) in annexed areas within the "SL" or "SM" zoning districts.
a.
Existing single-family dwellings, both attached and unattached, which are located within PRCs in the "SL" or "SM" zoning districts, which were annexed to the City after November 30, 1983, and which were legal conforming uses in the annexed area at the time of annexation, shall be deemed permitted uses within the zoning districts in which they are located in the City of Town and Country.
b.
An existing single-family dwelling within a PRC in the "SL" or "SM" zoning districts in any area annexed to the City after November 30, 1983 may be altered, expanded or extended consistent with the zoning standards applicable in that area at the time of annexation, as reflected on the record plat for the PRC recorded in the office of the Recorder of Deeds in the County in which the PRC is located, or where no such record plat was recorded, on the recorded final development plan for the PRC, provided:
(1)
Such single-family dwelling was a conforming use in the annexed area prior to annexation;
(2)
The PRC within which the single-family dwelling is located was approved prior to annexation by the authority with jurisdiction at that time, if required by that authority;
(3)
A record plat for the PRC was recorded in the office of the Recorder of Deeds in the County in which the PRC is located, or if no record plat was recorded, a final development plan for the PRC was recorded; and
(4)
The following greenspace requirement is satisfied:
(a)
For lots of greater than or equal to forty-three thousand five hundred sixty (43,560) square feet (one (1) acre), the minimum greenspace percentage shall be seventy-five percent (75%).
(b)
For lots of less than forty-three thousand five hundred sixty (43,560) square feet (one (1) acre), but of greater than or equal to twenty-one thousand seven hundred eighty (21,780) square feet (one-half (.5) acre), i.e. 21,780 SF < lot size < 43,560 SF, which lots were existing at the time of annexation, the minimum greenspace percentage shall be sixty percent (60%) to a maximum impervious surface area of ten thousand eight hundred ninety (10,890).
(c)
For lots of less than twenty-one thousand seven hundred eighty (21,780) square feet (one-half (.5) acre), i.e., lot size < 21,780 SF, which lots were existing at the time of annexation, the minimum greenspace percentage shall be fifty percent (50%), to a maximum impervious surface area of 8,712 SF.
c.
The City shall secure a copy of the record plat for the PRC, or where no record plat was recorded, a copy of the recorded final development plan for the PRC, prior to issuing a building permit for any single-family dwelling within that PRC and ensure compliance with the standards set forth therein.
C.
Moving. No non-conforming use of a building or structure may be moved to any other part of a tract of land upon which the use was conducted at the time of the adoption of this Chapter, except those required by law or ordinance, those which may be required for safety, or those allowed by Subsection (G) below.
D.
Restoration. Any non-conforming building or structure, or any building or structure containing a non-conforming use, which has been destroyed or damaged by fire, explosion, act of God, or by public enemy may be restored to the same dimensions and volume as existed before such destruction or damage.
E.
Abandonment. Any non-conforming use which has been abandoned shall not thereafter be reestablished. Any structure or land, or structure and land in combination, which was formerly devoted to a non-conforming use which has been abandoned shall not again be devoted to any use other than those uses which are permitted in the district in which the structure or land, or structure and land in combination, is situated. The term "abandonment", as used herein, shall mean the voluntary discontinuance of a use, when accompanied by an intent not to reestablish such use. Any one (1) of the following shall constitute prima facie evidence of intent to abandon:
1.
Any positive act indicating such intent;
2.
Any conscious failure to take all necessary steps to resume the non-conforming use within reasonable dispatch in the circumstances, including advertising of the property for sale or lease;
3.
In the case of a structure, or of a structure and land in combination, discontinuance of the non-conforming use for twelve (12) consecutive months; or
4.
In the case of land only, discontinuance of the non-conforming use for ninety (90) consecutive days, or for a total of six (6) months during any one (1) year period.
F.
Not Grounds For A Variance. The existence of a non-conforming use shall not in and of itself be considered grounds for the Board of Adjustment to allow a variance for any other property.
G.
The non-conformity of a property shall be measured as of the effective date of this Chapter and where there exists on such date a mixture of uses on the property the uses may be interchanged and mixed in different locations on the property thereafter so long as the combination of uses remains essentially the same and does not increase or expand any aspect of the non-conformity beyond that which existed on the date of the passage of this Chapter.