In all districts, the lawful use of land which does not conform to the provisions of this zoning code shall be discontinued within one year from the date of the approval of Ordinance 5906 (Sept. 20, 1956), and the use of land which becomes nonconforming by reason of a subsequent change in this zoning code shall also be discontinued within one year from the date of the change.

In all districts, the lawful use of a building existing at the time of the effective date of Ordinance 5906 (Sept. 20, 1956) may be continued although such use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

In all districts, whenever the use of a building becomes nonconforming through a change in the zoning code or district boundaries, such use may be continued and if no structural alterations are made, it may be changed to another nonconforming use of the same or of a more restricted classification.

In the event that a nonconforming use of any building or premises in any district is discontinued for a period of 12 months, the use of the same building shall thereafter conform to the use permitted in the district in which it is located.

No existing building in any district devoted to a use not permitted by this zoning code 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.

In any district, when a building, the use of which does not conform to the provisions of this zoning code, is damaged by fire, explosion, act of God, or the public enemy to the extent of more than 60 percent of its fair market value at the time such damage is incurred, it should not be restored except in conformity with the district regulations of the district in which the building is situated. When a building, the use of which does not conform to the provisions of this zoning code, is damaged by fire, explosion, act of God, or the public enemy, to the extent of less than 60 percent of its fair market value at the time of such damage is incurred, it may only be restored upon the issuance of a permit by the board of adjustment upon appeal as provided in section 53.300 et seq.

The regulations set forth in this section, or set forth elsewhere in this zoning code, when referred to in this section, are the regulations of the conditional use permit (CUP) procedure. These regulations are supplemented and qualified by additional general regulations elsewhere in this chapter which are incorporated as part of this section by reference.

Approval of a conditional use permit (CUP) procedure and/or CUP amendments shall proceed in accordance with the provisions of section 53.800 "changes and amendments" et seq.

(Ord. No. 9037, §1,10-2-2018)

The city plan commission shall investigate and report as to the effect of the proposed use or structure upon traffic hazards or congestion; fire hazards; the character of the neighborhood; the general welfare of the community; and the effect on public utilities. In approving a conditional use, the city plan commission shall impose such conditions as it determines necessary.

Approval of a conditional use permit (CUP) procedure and/or amendment shall proceed in accordance with the provisions of section 53.800 "changes and amendments" et seq.

(Ord. No. 9037, §1,10-2-2018)

Approval of a conditional use permit (CUP) procedure and/or CUP amendment shall proceed in accordance with the provisions of section 53.800 "changes and amendments" et seq.

a.

The city council may grant a conditional use permit should the applicant prove by a preponderance of competent evidence, the weight and credibility of which shall be determined by the city council, that the proposed use will not:

1.

Substantially increase traffic hazards or congestion.

2.

Substantially increase fire hazard.

3.

Adversely affect the character of the neighborhood.

4.

Adversely affect the general welfare of the community. or

5.

Overtax public utilities.

The application for a conditional use permit shall be denied if the council finds that the applicant has failed to carry its burden of proof with regard to any of the factors set forth above in this section 53.173.

(Ord. No. 9037, §1,10-2-2018)

Approval of a conditional use permit (CUP) amendment shall proceed in accordance with the provisions of section 53.800 "changes and amendments" et seq.

(Ord. No. 9037, §1,10-2-2018)

Off street parking spaces shall be limited by the conditions found elsewhere in this Code that govern the particular development or use authorized by a conditional use permit, or shall be as set forth in the ordinance approving a conditional use permit, if different from provisions found elsewhere in the Code. In the event of a conflict between such code provisions, the terms of the ordinance approving a conditional use permit shall govern.

a.

The total height of any structure shall be limited by the conditions found elsewhere in this Code that govern the particular development or use authorized by a conditional use permit.

b.

Setback and/or buffering requirements for any front, side, and rear yard shall be established and shall be determined by using the following guidelines to evaluate the proposed development's impact, if any, from or upon:

1.

The immediately adjacent properties;

2.

Congestion in the streets;

3.

Safety from fire, flooding, and other dangers;

4.

Adequate light and air on the proposed site and on surrounding properties;

5.

Building density and mass on the proposed site;

6.

Adequate provision for parking and storm water control;

7.

The general character of the neighborhood;

8.

The conservation of the value of buildings existing on the proposed site and upon the surrounding properties;

9.

The particular and unique characteristics that the proposed site provides to the community;

10.

The preservation of historic landmarks, whether structures or sites, or the impact on historic districts;

11.

The preservation of open space; and

12.

The preservation of valued trees as defined in section 10.312 of the Code of Webster Groves.

In applying the guidelines above, no single factor or guideline shall be controlling nor shall every factor necessarily be applicable in a given context. No set minimum number of factors shall be required in combination in order to establish an appropriate setback. The plan commission and city council should give such consideration to each factor as is appropriate to the circumstances presented by the application and should state why any individual factor is relevant and give such weight to each factor as it deserves based on the unique proposal subject to a setback decision. In situations where a conditional use permit is sought for an existing building and no addition or change in the structure or building footprint is sought, the plan commission and city council may summarily establish the setback line at the existing front building line.

Subsequent to the effective date of the conditional use permit as set forth in the ordinance approving it, a site development plan shall be submitted for review and approval the department of planning and development, which shall have discretion to determine whether the plan submitted complies with each of the conditions set forth in the ordinance approving it; provided, however, that if there is a material difference between the site plan and the ordinance approving the conditional use, then the director shall submit such a site plan to the plan commission at a meeting open to the public to determine whether or not to approve, modify or deny such a site plan.

The site plan submitted shall contain the minimum requirements established in the conditions of the ordinance approving the conditional use. No building permit or authorization for improvement or development of any property subject to a conditional use shall be issued prior to the approval of a site plan as set forth herein. Each approved plan shall be retained on file with the department of planning and development.

Appeals or protests shall proceed in accordance with the provisions of section 53.800 "changes and amendments" et seq.

(Ord. No. 9037, §1,10-2-2018)

If, after the application shall have been granted, it shall appear to the council that the conditions imposed upon the holder of the conditional use permit are being violated by such holder, the council may, by resolution duly adopted, suspend the conditional use permit and thereafter may reinstate the same by resolution, but only after being satisfied that full compliance with the conditional use permit has again been obtained.