[R.O. 2004 §460.010; Ord. No. 745 §§1 — 3(460.010), 10-22-1992; Ord. No. 882 §§1 — 4, 12-2-1997]
A.
Intent.
1.
Non-conforming uses of land are those which were lawful before new
zoning ordinances came into effect, but which would be prohibited
and regulated as present zoning regulations are enforced, including
those referred to herein. Non-conforming uses are declared by this
Section to be incompatible with permitted uses in the districts involved.
After passage of this Chapter the City of Pevely shall not permit
a non-conforming use of a structure, land or a non-conforming use
of both structure and land.
2.
To avoid undue hardship, nothing in this Chapter shall be deemed
to require a change in the plans, construction or designated use of
any building on which actual construction was lawfully begun prior
to the effective date of adoption or amendment of this Chapter. "Actual construction" is hereby defined to include the placing
of construction materials in permanent position and fastened in a
permanent manner.
B.
Non-Conforming Lots Of Record.
1.
In any district in which the City of Pevely permits single-family
dwellings, a single-family dwelling and customary accessory buildings
may be erected on any single lot of record at the effective date of
adoption or amendment of this Chapter, as constrained by limitations
imposed by other provisions of this Chapter. This lot must be in separate
ownership and not of contiguous frontage with other lots in the same
ownership. In addition, the said lot shall be recorded in a subdivision
of record as of the passage of this Chapter and the said subdivision
of record shall have constructed residences upon seventy percent (70%)
or more of its platted lots of record.
2.
If two (2) or more lots, combinations of lots or portions of lots
with contiguous frontage are held in single ownership at the time
of passage or amendment of this Chapter and if all or part of the
lots do not meet the requirements established for lot width and area,
the lands involved shall be considered to be an undivided parcel.
In addition, the City of Pevely will treat subdivided lots as a single
lot, provided that said lots are recorded as singly-owned. This exception
will apply only to combinations of lots or portions of lots which
occupy contiguous frontage and, furthermore, such subdivided lots
shall be recorded and shall have constructed residences upon seventy
percent (70%) or more of its platted lots. However, no new division
of any parcel shall be made which creates a lot with a width or area
below the requirements stated in this Chapter. Any variance of yard
requirements shall be obtained only through action of the Board of
Adjustment.
C.
Non-Conforming Uses Of Land (Or Land With Minor Structure Only). Where at the time of passage of this Chapter lawful use of land
exists which would not be permitted by the regulations imposed by
this Chapter and where such use involves no individual structure with
a replacement cost exceeding one thousand dollars ($1,000.00), the
use may be continued so long as it remains otherwise lawful, provided:
1.
No such non-conforming use shall be enlarged or increased nor extended
to occupy a greater area of land than was occupied at the effective
date of adoption or amendment of this Chapter.
2.
No such non-conforming use shall be moved in whole or in part to
any portion of the lot or parcel other than that occupied by such
use at the effective date of adoption or amendment of this Chapter.
3.
If any non-conforming use of land ceases for any reason for a period
of more than sixty (60) days, any subsequent use of such land shall
conform to the regulations specified by this Chapter for the district
in which such land is located.
4.
No additional structure not conforming to the requirements of this
Chapter shall be erected in connection with such non-conforming use
of land.
D.
Non-Conforming Structures. Where a lawful structure exists
at the effective date of adoption or amendment of this Chapter that
could not be built under the terms of this Chapter by reason of restrictions
on area, lot coverage, height, yard, its location on the lot or other
requirements concerning the structure, such structure may be continued
so long as it remains otherwise lawful, subject to the following provisions:
1.
No such non-conforming structure may be enlarged or altered in a
way which increases its non-conformity, but any structure or portion
thereof may be altered to decrease its non-conformity.
2.
Should such non-conforming structure or non-conforming portion of
structure be destroyed by any means to an extent of more than fifty
percent (50%) of its replacement cost at the time of destruction,
it shall not be reconstructed except in conformity with the provisions
of this Chapter. The extent of destruction shall be estimated based
upon the value of the reconstruction stated in the application for
a building permit compared to the general market value of undamaged
similar structures in the vicinity.
3.
Should such structure be moved for any reason for any distance whatsoever,
it shall thereafter conform to the regulation for the district in
which it is located after it is moved.
E.
Non-Conforming Uses Of Structures Or Of Structures And Premises In
Combination. If lawful use involving individual structures
with a replacement cost of one thousand dollars ($1,000.00) or more,
or of structure and premises in combination, exists at the effective
date of adoption or amendment of this Chapter, that would not be allowed
in the district under the terms of this Chapter, the lawful use may
be continued so long as it remains otherwise lawful, subject to the
following provisions:
1.
No existing 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 structurally altered except in
changing the use of the structure to a use permitted in the district
in which it is located.
2.
Any non-conforming use may be extended throughout any parts of a
building which were manifestly arranged or designed for such use at
the time of adoption or amendment of this Chapter, but no such use
shall be extended to occupy any land outside such building.
3.
If no structural alterations are made, any non-conforming use of
a structure, or structure and premises, may as a special exception
be changed to another non-conforming use provided that the Board of
Adjustment, 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 permitting such change, the Board of Adjustment may require appropriate
conditions and safeguards in accord with the provisions of this Chapter.
4.
Any structure or structure and land in combination, in or on which
a non-conforming use is superseded by a permitted use, shall thereafter
conform to the regulations for the district and the non-conforming
use may not thereafter be resumed.
5.
When a non-conforming use of a structure, or structure and premises
in combination, is discontinued or abandoned for six (6) consecutive
months or for eighteen (18) months duration during any three (3) year
period (except when government action impeded access to the premises),
the structure, or structure and premises in combination, shall not
thereafter be used except in conformity with the regulations of the
district in which it is located.
6.
Where non-conforming use status applies to a structure and premises
in combination, removal or destruction of the structure shall eliminate
the non-conforming status of the land. "Destruction", for the purpose of this Subsection, is defined as damage to an extent
of more than fifty percent (50%) of the replacement cost at time of
destruction. The extent of destruction shall be estimated based upon
the value of the reconstruction stated in the application for a building
permit compared to the general market value of undamaged similar structures
in the vicinity.
F.
Repairs And Maintenance.
1.
On any non-conforming structure or portion of a structure containing
a non-conforming use, 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
exceeding ten percent (10%) of the current replacement cost of the
non-conforming structure or non-conforming portion of the structure
as the case may be, provided that the cubic content existing when
it became non-conforming shall not be increased.
2.
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 any 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.
3.
Nothing in this Chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by the Zoning Administrator upon order of such official.
G.
Special Use Permits Are Different From Non-Conforming Uses. The issuance of special use permits in a district under the terms
of this Chapter shall not be deemed a non-conforming use in such district,
unless the Board of Adjustment permits a non-conforming, special use
which is not generally permitted in the district.
H.
Non-Conforming Residential Dwellings. All residential dwellings
lawfully determined as non-conforming uses may be replaced when destroyed,
provided that the following guidelines are met:
1.
Shall not be replaced with a residential dwelling having greater
floor area.
2.
May be replaced provided the replacement takes place one (1) year
after the residential dwelling is destroyed.
3.
If any non-conforming residential dwelling is destroyed to an extent
of more than fifty percent (50%) of its reconstruction cost at the
time of destruction but not replaced within one (1) year as authorized
in this Section, no residential dwelling shall thereafter occupy the
lot except in conformance with the zoning district regulations. Reconstruction
cost shall be specified by the owner or builder upon making application
for a building permit.
I.
Non-Conforming Manufactured Housing Parks And Non-Conforming Manufactured
Houses And Mobile Homes. For all non-conforming manufactured
housing parks or non-conforming manufactured housing units which suffer
damage totaling more than fifty percent (50%) of their reconstruction
cost shall not be reconstructed. At the time of application for reconstruction
preliminary plat approval, the developer shall submit appraised costs,
by a licensed appraiser, for total replacement of the development
and the replacement of the part of the development destroyed. In addition,
all non-conforming mobile home parks and other non-conforming mobile
homes lawfully existing at the effective date of the adoption of this
Chapter that would not be allowed in the zoning district or under
the terms of this Chapter may be continued so long as they remain
lawful and subject to these special provisions:
1.
Non-conforming mobile home parks within "MH" Districts. Mobile home parks located in "MH" Districts that are non-conforming
due to lot size, setback or other such characteristics shall not be
expanded or modified in conformance with the guidelines of the "MH"
Manufactured Housing Park District.
2.
Non-conforming mobile home parks outside a "MH" Manufactured
Housing Park District. All mobile home parks that are not
located within "MH" Manufactured Housing Park Districts are considered
as non-conforming uses and as such are subject to the following provisions:
a.
All manufactured housing parks within the "MH" Manufactured Housing
Park Districts are prohibited from expanding upon their non-conforming
use by adding any facilities which would enable the placement of additional
manufactured housing or trailer homes.
b.
Any non-conforming mobile home park, not located in a "MH" Manufactured
Housing Park District, that is abandoned for six (6) consecutive months
or eighteen (18) months within a three (3) year period shall not be
used thereafter as a mobile home park.
3.
Non-conforming mobile homes not located within mobile home
parks. Any manufactured housing not located within manufactured
housing parks or "MH" Manufactured Housing Park Districts is henceforth
considered a non-conforming use and is subject to the following special
provisions. If any non-conforming mobile home is removed but not replaced
within one (1) year as authorized in this Section, no mobile home
shall thereafter occupy the lot, tract or pad except in conformance
with the zoning district regulations.
