[CC 1990 § 31-07-01; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
The provisions of this Article shall apply to all non-conforming
uses, parcels of land, structures, and signs.
B.
Non-conformities may be incompatible with and detrimental to
permitted land uses and structures in the zoning districts in which
they are situated; they inhibit present and future development of
nearby properties; and they confer upon their owners and users a position
of unfair advantage.
[CC 1990 § 31-07-02; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
An existing non-conforming land use, structure, parcel of land,
or sign shall not cause further departures from the Unified Development
Code (UDC).
B.
Non-conformities should be abolished or reduced within a reasonable
period of time but in some instances may continue to exist as specifically
described in this Article. In no case shall an existing non-conformity
be expanded.
C.
A non-conforming use may be changed to another use only when
the new use may be one that is permitted in the zoning district governing
the property in which the non-conformity is situated, provided that
the new use complies with the regulations of that district.
D.
The existence of any present non-conformity anywhere in the
City shall not itself be considered grounds for the issuance of a
variance for other property.
[CC 1990 § 31-07-03; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
A non-conformity shall be deemed to have existed on the date
this UDC or any amendment thereto becomes effective if:
1.
It existed on a continuous basis and to its fullest extent on
the date referred to above.
2.
If such non-conformity is a use, such use had not been abandoned as hereinafter defined in Section 405.07.090.
3.
Provided, however, that nothing in this UDC shall be deemed
to require a change in the plans, construction, or designated use
of any structure on which actual construction had lawfully begun in
good faith prior to the effective date of this UDC, if such construction
is completed within two (2) years following such date. "Actual construction"
is hereby defined to include the placing of construction materials
so that they are in a permanent position and fastened to the earth
in a permanent manner.
[CC 1990 § 31-07-04; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
A non-conforming use of land shall not be enlarged, extended
or altered and a structure or part thereof devoted to a non-conforming
use shall not be enlarged, extended, constructed, reconstructed, or
structurally altered, except:
1.
As may be required by law; or
2.
In changing the use to one that is permitted in the zoning district
in which such use is situated; or
3.
To the extent hereinafter permitted; or
4.
To provide off-street parking or loading space; or
5.
An existing legal non-conforming tavern or restaurant existing
on December 1, 1975, or an existing tavern or restaurant which becomes
non-conforming because of a subsequent change of zoning district classification,
may be issued a liquor license in accord with the provisions of Chapter
801, SLCRO, 1974, as amended, and such issuance and sale of liquor
thereunder shall not be deemed an enlargement, extension, or alteration
of said use.
B.
Relocation. A non-conforming use of land shall not be moved
to another part of a lot or outside the lot, and a non-conforming
use of a structure shall not be moved to any part of the structure
not manifestly arranged and designed for such use at the time the
use became non-conforming except that in the case of extraction of
raw materials from the earth, extraction operations and moving of
related structures may occur on any part of the tract owned or leased
by the operator at the time of becoming a non-conforming use.
C.
Conditional Uses. Where any change is proposed to be made to a use that is permitted in the district only by a conditional use permit, such change may be made only through a conditional use permit granted pursuant to the procedure specified in Section 405.02.040 of this UDC.
D.
Number Of Dwelling Units. The number of dwelling units in a
non-conforming residential structure shall not be increased over the
number of dwelling units in the structure at the time of the structure
becoming a non-conforming structure.
[CC 1990 § 31-07-05; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
Nothing in this UDC shall be deemed to prohibit the restoration
of any structure and its use where such structure has been destroyed
by any means out of the control of the owner (such as a natural disaster)
to an extent less than sixty percent (60%) 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 destruction, provided that the restoration of such structure
and its use in no way increases any former non-conformity, and provided
further that restoration of such structure is begun within six (6)
months of such destruction and diligently prosecuted to completion
within two (2) years following such destruction.
B.
Whenever such structure has been destroyed by any means out
of the control of the owner (such as a natural disaster) to an extent
of more than sixty percent (60%) 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 destruction,
as determined by the Director of Planning, or by any means within
the control of the owner to any extent whatsoever, the structure shall
not be restored except in full conformity with all regulations of
the district in which such structure is situated.
C.
When a structure is determined to be substandard by the Director of Planning under any applicable ordinance of the City and the cost of placing the structure in a condition to satisfy the standards under such ordinance shall exceed sixty percent (60%) of the reconstruction cost of the entire structure, such non-conforming structure shall not be restored for the purpose of continuing a non-conforming use. However, none of the restrictions contained in this Section shall limit the authority of the Board of Adjustment to grant relief for reconstruction of a non-conforming structure, as provided in Section 405.02.190 of this UDC.[1]
[1]
Editor's Note: Original Subsection D, Flood, which immediately
followed this Subsection, was repealed 1-5-2015 by § 2 of
Ord. No. 2828. For current provisions, see Article 05, Flood Damage
Prevention.
[1]
Editor's Note: Original § 31-07-06, Reconstruction
in FP Floodplain Overlay District, of the 1990 City Code, adopted
6-16-2014 by § 3 (Exh. A) of Ord. No. 2801, was repealed
1-5-2015 by § 2 of Ord. No. 2828. For current provisions,
see Article 05, Flood Damage Prevention.
[CC 1990 § 31-07-07; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
Within five (5) years of the date of the adoption of this UDC,
or the date of adoption of any applicable amendments to this UDC,
any use that is or becomes a non-conforming use shall be brought into
conformance with the zoning performance standards established in Article
04 of this UDC.
[CC 1990 § 31-07-08; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
The non-conforming use of open land for junkyards, storage (other
than stockpiling of sand, gravel, and rock as an accessory operation
to the extraction of raw material from the earth) and non-conforming
structures containing two hundred (200) square feet of ground floor
space or less shall be discontinued within five (5) years of the date
of their becoming non-conforming uses by the adoption of this UDC,
amendments to this UDC or previous zoning ordinances. Any use listed
in this Section need not be discontinued in the event that the adoption
of this UDC or amendments to this UDC changes the status of such use
from that of a non-conforming use to that of a permitted use in the
district in which it is located.
[CC 1990 § 31-07-09; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
Any non-conforming use that has been abandoned for a period
of twelve (12) consecutive months shall not thereafter be reestablished.
Abandonment occurs when a structure or land, or structure and land
in combination, which was formerly devoted to a non-conforming use
has been discontinued for a period of twelve (12) months. When abandonment
occurs, said structure or land shall not again be devoted to any use
other than those uses which are permitted in the district in which
the structure or land, or structure and land in combination, is situated.
[CC 1990 § 31-07-10; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
Scope Of Provisions.
1.
The provisions of this Section shall apply to all non-conforming
signs. A non-conforming sign is one which existed lawfully, whether
by variance or otherwise, on the date this UDC or any amendment thereto
became effective and which fails to conform to one (1) or more of
the applicable regulations of the UDC or such amendment thereto.
2.
Such non-conformities may be incompatible with permitted land
uses and structures in the zoning districts in which they are situated
and they confer upon their owners and users a position of unfair advantage.
B.
Non-conformities are not to be expanded, and they should be
abolished or reduced to conformity as quickly as the fair interest
to the parties will permit.
C.
An existing non-conforming sign shall not cause or authorize
further departures from the UDC.
D.
An existing non-conforming sign may be continued except as hereinafter
limited in this Section.
E.
A non-conforming sign may be changed to another sign only in
accord with the following:
1.
The new sign may be one that is permitted in the underlying
district governing the property in which the non-conformity is situated,
provided that the new sign complies with the regulations of that district;
or
2.
The new sign may be one that is permitted in the most restrictive
district in which the non-conforming sign is a permitted sign, provided
that the new sign complies with the regulations of that district.
[CC 1990 § 31-07-11; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
B.
An existing advertising sign which is legally non-conforming
or would be legally non-conforming but for failure to have terminated
such non-conformity within five (5) years as provided in Section 1003.260
of the St. Louis County Zoning Ordinance of 1946, or Section 1003.170
of the St. Louis County Zoning Ordinance of 1965 may be repaired,
reconstructed or structurally altered, but may not be enlarged or
relocated.
C.
The existence of any present non-conformity anywhere in the
City shall not itself be considered grounds for the issuance of a
variance for a sign on other property.
[CC 1990 § 31-07-12; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
A non-conforming sign shall not be enlarged or relocated except:
[CC 1990 § 31-07-13; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
Nothing in this UDC shall be deemed to prohibit the restoration
of any sign and its use where such sign has been destroyed by any
means out of the control of the owner (such as a natural disaster)
to an extent less than sixty percent (60%) of its replacement value
at the time of destruction, provided that the restoration of such
sign and its use in no way increases any former non-conformity, and
provided further that restoration of such structure is begun within
six (6) months of such destruction and diligently prosecuted to completion
within six (6) years following such destruction.
B.
Whenever such sign has been destroyed by any means out of the
control of the owner (such as a natural disaster) to an extent of
more than sixty percent (60%) of its replacement value at the time
of destruction, as determined by the Director of Planning, or by any
means within the control of the owner to any extent whatsoever, the
sign shall not be restored except in full conformity with all regulations
of the district in which such structure is situated.
C.
When a sign is determined to be substandard (i.e., deteriorated,
in disrepair, or is unsightly) by the Director of Planning under any
applicable ordinance of the City and the cost of placing the sign
in a condition to satisfy the standards under such ordinance shall
exceed sixty percent (60%) of the reconstruction cost of the entire
sign, such non-conforming sign shall not be restored for the purpose
of continuing a non-conforming use.
D.
However, none of the restrictions contained in this Section shall limit the authority of the Board of Adjustment to grant relief for reconstruction of a non-conforming sign, as provided in Section 405.02.190 of this UDC.
[CC 1990 § 31-07-14; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
Any non-conforming sign that has been abandoned shall not thereafter
be reestablished. See Article 10, Definitions, for definition of "abandonment"
as used in this UDC.
