Structures may be built on lots of record that were made non-conforming by this Code as to size, width or area; provided however, that such structures shall conform to setbacks and other regulations of the district provided by this Zoning Code which the property is located in.

No non-conforming structure or use shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to a use permitted in the district in which such structure or premises is located.

No structure shall be moved in whole or in part for any distance whatsoever to any other location on the same or any other lot unless the entire structure shall thereafter conform to the provisions of the zoning district in which it is located after being moved.

The existence of any present non-conforming use anywhere in the City shall not be considered grounds for issuance of a variance at another location for the same business.

The number of dwelling units in non-conforming residential structures shall not be increased.

An existing non-conforming use or structure shall not cause further departures from this Zoning Code. Although an existing non-conforming use may be continued, it may not be changed to another use unless it is a permitted use and complies with the requirements in the zoning district provided by this Code.

When a structure or the use of which does not conform to the provisions of this Zoning Code, is damaged by fire, explosion, acts of God or public rioting to the extent of more than sixty percent (60%) of its reconstruction value as determined by data in the office of the Assessor of St. Louis County, it shall not be restored except in conformity with the district regulations of the new zoning district in which the structure is situated, or unless the Board of Adjustment finds some compelling public necessity requiring the continuance of the non-conforming use if the primary purpose of continuing the non-conforming use is not to continue a monopoly.

The normal maintenance and repair or the replacement, installation or relocation of non-bearing partitions, fixtures, wiring or plumbing may be performed on any structure that is devoted in whole or in part to the non-conforming use or structure. Neither this nor any other provision of this Section shall be interpreted to authorize any increase in the size or degree of the non-conforming use or structure in violation of the provisions of any other Subsection of this Section.

Nothing in this Section shall be deemed to prevent the strengthening or restoring of a structure to a safe condition in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition.

In the event the non-conforming use or structure is discontinued or its non-conforming operation or business is stopped for a period of nine (9) months, regardless of an intent not to abandon or to again resume such use, any subsequent use or occupancy of such structure or use will comply with provisions of this Section including those of the zoning districts in which the structure or use is located.

Where no enclosed structure is involved, discontinuance of a non-conforming use for a period of three (3) months shall constitute the use to conform with the provision of the zoning district provided by this Code in which the use is located.

Nothing in this Code shall present the continuance of a non-conforming use as authorized in this Code, unless a discontinuance is necessary for the safety of life and property.

No non-conforming single-family dwellings shall be changed into a use not permitted in the district in which such non-conforming dwelling is located; and

Any extension, structural alteration, enlargement or relocation of such single-family dwelling shall conform to the height, area and density regulations required of such dwellings in the "R-4" Single-Family Residential District.

Applications for special use permits shall be filed with the Community Development Department at least thirty (30) days before the next regularly scheduled Planning and Zoning Commission meeting, unless prior written approval is granted by the Director. The application shall specify the locations of the building, the height, the area and shall include a site plan for the lot. The site plan shall include a legal description, lot and building footing dimensions, appropriate zone district setbacks, landscaping and parking requirements, contours and drainage ways, proposed or existing easements, public improvements and, if possible or necessary, an artist's rendering in the horizontal view. The application shall specify the use sought to be permitted by the special use permit. The department may require submittal of a traffic study when deemed appropriate. The application shall further state why the use is needed and the applicant's opinion as to the affect of the use on surrounding properties. At the time that the application is filed, a fee shall be paid to the City of Fenton. The fees for special use permits shall be set forth in Addendum "A".

The Director shall review the application as to form. Upon the determination by the Director that the form of the application is appropriate, the Director will present the matter to the Planning and Zoning Commission. The application shall be set for hearing before the Planning and Zoning Commission within sixty (60) days of the date of the filing of the application. The notice of the hearing shall include the posting of public notice on the affected property; publication for no less than fifteen (15) days preceding the hearing in a newspaper of general circulation within the area of the City of Fenton. In addition, the City will be responsible for notifying all owners of property within three hundred (300) feet of the subject property by mail of the application and hearing date. Said notice shall be postmarked at least five (5) days prior to the scheduled public hearing. In the event the petitioner seeks more than one (1) continuance of any published or notified hearing, the petitioner shall be responsible for reimbursement of any re-publication and/or mailing notification costs prior to any action by the Planning and Zoning Commission.

In addition to the above, the Director shall cause a sign or signs, not less than two (2) feet high by three (3) feet wide, to be placed on all parcels of land on which an application for a special permit has been filed with the Planning and Zoning Commission.

The Commission, after public notice, shall conduct a hearing at which the applicant shall present such information, as the applicant deems necessary, to substantiate its request for a special use permit. The Commission shall hear any person wishing to speak in favor of the application after which time the Commission shall hear any person wishing to speak in opposition to the application, after which time the applicant may address or rebut any issues presented by the opposition. The Commission shall then close the public participation portion of the hearing. The Commission shall thereafter conduct a deliberation and discussion of the application, giving due consideration to the following:

The Commission shall communicate the results of its vote to the Board of Aldermen and may further communicate its reasons for recommending approval and/or its reasons for recommending denial and/or its reasons for failing to achieve a majority favorable vote. The Commission shall also recommend special conditions, if any, to the Board of Aldermen.

The failure of the Commission to act within sixty (60) days after the date of submission of the application for the special use permit in proper form to the Director shall be deemed approval.

After the Planning and Zoning Commission has advised the Board of its recommendation of approval or the failure of the proposition to attain a simple majority vote, the Board shall review the recommendation of the Commission and may review the transcript of the proceedings before the Commission after which time the Board shall consider the issuance of the special use permit by ordinance. Said ordinance shall be proposed and sponsored in the manner of all other ordinances and shall require a simple majority of the Board of Aldermen to enact, if approved by the Planning and Zoning Commission, but if disapproved by the Planning and Zoning Commission, then a vote of two-thirds (2/3) of the Board shall be required to override said disapproval. The special use permit permitted by ordinance shall contain the special terms and conditions of the special use permit which shall be strictly adhered to by the applicant. Failure of the ordinance granting the special use permit to pass by simple majority shall be deemed a denial for the purposes of further judicial review or proceeding.

The permitted special use shall be reviewed annually by the Director to assure that the use and building are in compliance with the terms of the special use permit. If the Director determines non-compliance with the special use permit, notice of non-compliance shall be forwarded to the holder of the special use permit. Failure to achieve compliance within ninety (90) days of the notice of the Director shall be deemed cause to terminate the special use permit. Upon thirty (30) days' notice the Planning and Zoning Commission may cause a hearing to be held to determine whether or not the property or use is in compliance, and if deemed to be in non-compliance the Planning and Zoning Commission may recommend to the Board of Aldermen termination of the special use permit. The Board of Aldermen by simple majority vote, by ordinance, may terminate the special use permit acting upon the recommendation of the Planning and Zoning Commission.

The review procedures set out herein to be accomplished on an annual basis shall not be required of a medical facility dedicated exclusively to providing dialysis and related treatment activities, so long as such facility is under the supervision and regulatory control of the appropriate authorities of the State of Missouri.

Fifteen (15) days' notice of the time and place of such hearing shall be published in at least one (1) newspaper having general circulation within the City. In addition, for development initiated change of zoning petitions, the City will be responsible for notifying all owners of property within three hundred (300) feet of the subject property by mail of the application and hearing date. Said notice shall be postmarked at least five (5) days prior to the scheduled public hearing. In the event the petitioner seeks more than one (1) continuance of any published or notified hearing, the petitioner shall be responsible for reimbursement of any re-publication and/or mailing notification costs prior to any action by the Planning and Zoning Commission.

For non-development initiated changes in zoning (i.e., text amendments or Zoning Code revisions), notice of the time and place of such hearing shall be published in a newspaper of general circulation at least fifteen (15) days in advance, supplemented by announcement in the City's monthly newsletter and/or website.

Such notice shall contain the approximate street location or address, the name of the person seeking such zoning change, the present zoning classification and the zoning classification sought or the nature and reason of such request.

The Commission, after public notice, shall conduct a hearing at which the applicant shall present such information, as the petitioner deems necessary, to substantiate its request for a change in zoning. The Commission shall hear any person wishing to speak in favor of the petition, after which time the Commission shall hear any person wishing to speak in opposition to the petition, after which time the petitioner may address or rebut any issues presented by the opposition. The Commission shall then close the public participation portion of the hearing. The Commission shall thereafter conduct a deliberation and discussion of the petition. This discussion shall be in a public forum but no public participation shall be allowed. After review and deliberation the Commission shall vote whether to grant the change in zoning. A simple majority of the Commission is required to pass the proposition. If the proposition does not have a simple majority vote, the proposition fails and shall be taken as a negative recommendation.

The Commission shall communicate the results of its vote to the Board of Aldermen and may further communicate its reasons for recommending approval and/or its reasons for recommending denial and/or its reasons for failing to achieve a majority favorable vote.

In addition to the above, the Director shall cause a sign or signs, not less than two (2) feet high by three (3) feet wide, to be placed on all parcels of land on which an application for a zoning change has been filed with the Planning and Zoning Commission.