[R.O. 2011 §34-153; Ord. No. 6139 §1(Exh. A (part)), 1997]
Any existing dimensional non-conformity may be continued, so
long as otherwise lawful, subject to the following provisions.
[R.O. 2011 §34-153.1; Ord. No. 6139 §1(Exh. A (part)), 1997; Ord. No. 7095, 1-28-2019]
A.
Lots
of record, established prior to the effective date of this Chapter,
or amendments thereto, that have any dimensional non-conformities,
may be used for purposes allowable by this Chapter, subject to the
following limitations:
1.
A non-conforming lot of record shall not be used for the development
of a freestanding principal structure, unless:
a.
Such lot was owned separately and individually from adjoining tracts
of land at a time when the creation of a lot of such size and width
at such location would not have been prohibited by the Zoning Code
adopted by the City; and
b.
Has remained in separate and individual ownership from adjoining
tracts of land continually during the entire time that creation of
such lot has been prohibited by the applicable Zoning Code.
2.
Nothing in this Section shall prohibit the combination of a non-conforming lot of record, or portions thereof with another adjoining lot, or lots, so as to create zoning lots which comply with the requirements of this Chapter. Such consolidations may be accomplished under the boundary adjustment procedure specified in Article VI, Section 405.580 of the "Subdivision and Land Development Regulations" (Chapter 405 of the University City Municipal Code).
[R.O. 2011 §34-153.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Non-Conforming Structures Associated With Conforming Uses. Any non-conforming structure, which is associated with a conforming
use, may remain as a non-conforming structure, subject to the following
provisions:
1.
Enlargement, repair, alterations. Any such structure may be enlarged, maintained, repaired or remodeled; provided however, that no such enlargement, maintenance, repair or remodeling shall either create any additional non-conformity or increase the degree of existing non-conformity of all or any part of such structure, except as may be permitted under Section 400.3100 of this Article.
2.
Damage or substandard conditions. Any such structure shall be subject to the provisions of Section 400.3120 of this Article.
3.
Moving. No such structure shall be moved, in whole
or in part, to any other location on the same or any other lot within
University City unless the entire structure shall thereafter conform
to the provisions of this Chapter after being moved.
4.
Reconstruction of accessory structures in residential districts. Any accessory structure may be reconstructed, in whole or in part,
provided that no such reconstruction shall increase the existing dimensional
non-conformity.
[Ord. No. 7096, 1-28-2019]
[R.O. 2011 §34-153.3; Ord. No. 6139 §1(Exh. A (part)), 1997]
A single-family or two-family dwelling, which lawfully existed
prior to the effective date of this Chapter, or amendment thereto,
and which fails to comply with the dimensional requirements of this
Chapter, or amendment thereto, may be expanded and such expansion
may encroach upon required building setbacks; provided however, that
such addition shall only be permitted to extend to the horizontal
or vertical plane of the building's exterior wall or the building's
height which is in non-conformance with a required setback or building
height limitation. In other words, the addition shall not create a
dimensional non-conformity that is greater than the existing dimensional
non-conformity.
[R.O. 2011 §34-153.4; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Any
other dimensional non-conformities may remain non-conforming, so long
as any modification to a building site or the structures thereon,
as may be permitted by this Article, does not create any increase
in the degree of such other dimensional non-conformity. Without limiting
the generality of the foregoing, the following provisions shall apply
to other dimensional non-conformities:
1.
Open space. In situations where common open space
is required by this Chapter, and an existing development does not
provide the required amount of such open space, any existing open
space shall not be reduced in size.
[R.O. 2011 §34-154; Ord. No. 6139 §1(Exh. A (part)), 1997; Ord. No.
6422 §1, 2003]
A.
Nothing
in this Article shall be deemed to prohibit the restoration of any
structure and its use where such structure has been damaged, by any
means, to an extent less than fifty percent (50%) of its replacement
value (excluding the value of the land, the cost of preparation of
land, and the value of any foundation adaptable to a conforming use)
at the time of damage, as determined by the Zoning Administrator,
with the advise of the Building Commissioner; provided however, that
the restoration of such structure and its use in no way increases
any former non-conformity, and provided that restoration of such structure
is begun within six (6) months of such damage and diligently prosecuted
to completion within two (2) years following such damage.
B.
Whenever such structure has been damaged, by any means, to an extent of more than fifty percent (50%) of its replacement value (excluding the value of the land, the cost of preparation of land and the value of any foundation adaptable to a conforming use) at the time of damage, as determined by the Zoning Administrator, with the advice of the Building Commissioner, the structure shall not be restored except in full conformity with all regulations of this Chapter; provided that in any elevator apartment dwelling located in an "HR" High Density Residential District, (i) the acquisition and rehabilitation of which has been financed with proceeds from tax exempt bonds issued by the Missouri Housing Development Commission, or (ii) with respect to which an allocation, reservation or award of Federal low-income housing tax credits under Section 42 of the Internal Revenue Code in the amount of at least three hundred thousand dollars ($300,000.00) per year is made, or a combination of any of the foregoing, said dwelling located in said district, and all units situated therein, may be reconstructed after damage by any means to the extent of the same density and configuration as existed prior to the occurrence of said damage, regardless of the extent of the damage. In such instance, there need not be compliance with the following Sections of this Chapter, so that said dwelling and all units situated therein may be reconstructed as they existed prior to the occurrence of the damage:
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Section 400.340 Density and Dimensional Regulations
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Section 400.1060 Setbacks Established by Recorded Subdivision Plat
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Section 400.1140 Elevator Apartment Buildings
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Section 400.1150 Common Open Space Requirements for Residential Developments
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Section 400.2140 Schedule of Off-Street Parking Space Requirements
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All other regulations of this Chapter shall be complied with
in the event of damage to said dwelling.
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The right, pursuant to the foregoing provisions of this Section,
to reconstruct an elevator apartment dwelling located in an "HR" High
Density Residential District that has been damaged by any means, to
an extent of more than fifty percent (50%) of its replacement value
(excluding the value of the land, the cost of preparation of land
and the value of any foundation adaptable to a conforming use) at
the time of damage, as determined by the Zoning Administrator, with
the advice of the Building Commissioner, shall be limited to a period
of thirty (30) years from the issuance of the first (1st) certificate
of occupancy after the rehabilitation of the dwelling is complete.
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C.
When
a structure is determined by the Zoning Administrator, with the advice
of the Building Commissioner, to be in violation of the Building Code
or any applicable health or safety code, and the cost of placing the
structure in condition to satisfy the standards under such codes exceeds
fifty percent (50%) of the reconstruction cost of the entire structure,
as determined by the Zoning Administrator, with the advise of the
Building Commissioner, such non-conforming structure shall not be
restored for the purpose of continuing a non-conforming use.
