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City of Gerald, MO
Franklin County
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Table of Contents
Table of Contents
[Ord. No. 338 Art. VIII §A, 11-14-1991]
A. 
Nothing contained in this Article shall require any change in the plans, construction, or designated use of a building for which the building footings are in place at the time of the passage of this Chapter, November 14, 1991.
B. 
It is the intent of this Chapter to permit these non-conformities to continue until they are removed (except as otherwise herein provided), but not to encourage their survival. Such non-conformities are declared by this Chapter to be incompatible with the permitted structures and uses of land and structures in the district involved. It is further the intent of this Chapter that such non-conformities shall not be enlarged upon, expanded, or extended except as provided for herein, nor to be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
C. 
A non-conforming use of land, premises, or structure shall not be enlarged upon, expanded or extended after the effective date of this Chapter.
D. 
If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by a duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.
E. 
A non-conforming use or a non-conforming building or structure which is non-conforming only because of failure to provide required off-street parking spaces or loading berths shall have all the rights of a conforming use or structure.
[Ord. No. 338 Art. VIII §B, 11-14-1991]
A. 
Where, on the effective date of adoption or amendment of this Chapter, a lawful use of land exists that is no longer permissible under the regulations and standards of this Chapter as adopted, or amended, such use may be continued so long as it remains otherwise lawful subject to the following provisions:
1. 
No such non-conforming use of land shall be enlarged, increased, or extended to occupy a greater area of land than was occupied on the effective date of adoption or amendment of this Chapter.
2. 
No such non-conforming use of land shall be moved in whole or in part to any other portion of the lot or tract of land occupied on the effective date of adoption or amendment of this Chapter.
3. 
If any such non-conforming use of land ceases for any reason for a period of more than thirty (30) consecutive days, any subsequent use of such land shall conform to the regulations and standards set by this Chapter for the district in which such land is located.
4. 
A non-conforming use of land shall not be changed to any other use except to a use permitted in the district in which the land is located.
[Ord. No. 338 Art. VIII §C, 11-14-1991; Ord. No. 404 §1, 7-13-1995]
A. 
Where, on the effective date of adoption or amendment of this Chapter, a lawful structure exists that could not be built under the regulations and standards of this Chapter as adopted or amended, by reasons of restrictions on lot area, lot coverage, floor area ration, heights, yards, spacing between buildings, or other characteristics of the structure or its location on the lot, such structure may continue so long as it remains lawful subject to the following provisions:
1. 
No such structure may be enlarged or altered in a way which increases its non-conformity. On a non-conformity structure work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not to exceed ten percent (10%) of the then current replacement value of the structure, provided that the volume of such building or the size of such structure as it existed at the effective date of adoption, or amendment of this Chapter shall not be increased.
2. 
In case of owner occupied structures should such structure be destroyed by any means to an extent of more than sixty percent (60%) of its replacement cost at the time of destruction, it shall be reconstructed only so long as it meets the dimensional requirements outlined in Section 405.160 of this Chapter.
3. 
Should any such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations and standards for the district in which it is located after it is moved.
4. 
Original owner of a mobile home on private property, may upgrade with a new mobile home, if they occupy said dwelling, subject to the recommendation of the Planning and Zoning Commission and approval of the Board of Aldermen.
[Ord. No. 338 Art. VIII §D, 11-14-1991]
A. 
Where, on the effective date of adoption, or amendment, of this Chapter, a lawful use of a structure, on a premises, exists that is no longer permissible under the regulations and standards of this Chapter as adopted or amended, such use may be continued so long as it remains otherwise lawful subject to the following provisions:
1. 
No existing building or structure devoted to a use not permitted by this Chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or altered except in changing the use of such building or structure to a use permitted in the district in which it is located. On a structure devoted to a non-conforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not to exceed ten percent (10%) of the current replacement value of the structure, provided that the volume of such building or the size of such structure as it existed at the effective date of adoption, or amendment, of this Chapter shall not be increased.
2. 
Any non-conforming use may be extended throughout any parts of the building or structure which were manifestly arranged or designed for such use at the effective date of adoption, or amendment, of this Chapter, but no such use shall be extended to occupy land outside of such building or structure.
3. 
If no structural alterations are made, any non-conforming use of a building or structure, or of any premises, may be changed to another non-conforming use upon approval by the Board of Aldermen provided that the Planning Commission, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In recommending such change for the approval of the Board of Aldermen, the Planning Commission may require appropriate conditions and safeguards in accord with the provisions of this Chapter.
4. 
Any building or structure, or any premises, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations and standards of the district in which such building, structure, or premises is located, and the non-conforming use shall not be resumed.
5. 
When a non-conforming use of a building or structure or of a premises, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three (3) year period, the building or structure, or the premises, may not thereafter be used except in conformance with the regulations and standards of the district in which it is located.
6. 
Where non-conforming use status applies to the use of a building, removal or destruction of the building or structure, shall eliminate the non-conforming use status. Any use of a new building or structure must be a use permitted in the district in which it is located. "Destruction" for this purpose is defined as a damage to an extent of more than sixty percent (60%) of the replacement cost at the time of destruction.