City of Malden, MO Article IX Non-Conforming Uses

Section 400.260 Non-Conforming Uses.

[Ord. No. 3121, 4-18-2016]

A. In order to avoid individual hardship wherever reasonable and not in conflict with the general welfare of the City of Malden and for purposes herein outlined, the following provisions shall apply to all zoning districts.

B. Non-Conforming Uses Permitted. Except as specified in this Chapter, the lawful use of any building or land existing at the time of the enactment of this Chapter (April 18, 2016), may be continued, although such use does not conform to the provisions of this Chapter.

C. Unsafe Structures. Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.

D. Construction Approved Prior To Ordinance. Nothing contained in this Chapter shall require any change in plans, construction or designed use of a building for which a building permit has been heretofore issued and the construction of which has begun.

E. Restoration. No building damaged by fire or other causes to the extent of more than fifty percent (50%) of its reasonable value shall be repaired or rebuilt except in conformity with the regulations of this Chapter.

F. Abandonment. Whenever a non-conforming use, excepting neighborhood grocery stores, has been discontinued for any reason, such use shall not thereafter be re-established, and any future use shall be in conformity with the provisions of this Chapter.

G. Changes In Use. No non-conforming use may be changed to another non-conforming use. Once changed to a conforming use, no building or land shall be permitted to revert to a non-conforming use.

H. Enlargement Of Non-Conforming Use. No non-conforming use shall be enlarged or extended in any way.

I. District Changes. The foregoing provisions shall also apply to non-conforming uses in districts hereafter changed.