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Home My Public Portal AboutORD11912 ry BILL NO. 93-27 AMENDED ° SPONSORED BY COUNCILMAN GREEN ±.k fi ORDINANCE NO. 1.1912 _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SECTION 35- 81 OF CHAPTER 35 BY THE ADDITION OF A NEW SECTION (D) AS IT PERTAINS TO NON-CONFORMING USES. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, . AS FOLLOWS: Section 1. The Code of the City of Jefferson, Missouri, is hereby amended by the addition of a new section (D) to Section 35-81 of Chapter 35 and re-lettering the balance of the section to read as follows: See. 35.81. Non-Conforming Uses Are Regulated. A. Non-conforming Use of Land - Where open land is being used as a non-conforming use and such use is the principal use and not accessory to the main use conducted in a building, such use shall be discontinued not later than ninety (90) days from the date of passage of this chapter. During the ninety (90) day period such non-conforming use shall not be extended or enlarged, either on the same or adjoining property. Any building incident and subordinate to such use of land, such as a shed, tool house, storage building, office or trailer, shall be removed at the end of the ninety (90) day period, or, if such building is so constructed as to permit the issuance of a permit for a use not E excluded from the district, such building may remain as a conforming use; there after,both land and building shall be used only as conforming uses. B. Non-conforming Use of Buildings - Except as otherwise provided herein, the lawful use of a building existing at the effective date of this chapter may be continued although such use does not conform to the provisions hereof. If no structural alterations are made, a non-conforming use of a building may be changed to another non- conforming use of the same or of a more restricted classification. Whenever a non-conforming use has been changed to a more restricted use or a conforming use, such use shall not thereafter be changed to a less restricted use. The non-conforming use of a building may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for such use at the time of the enactment of this chapter. ZZ d } `t li C. Restrictions on enlarging or altering a structure housing a non-conforming use. An existing structure housing a non-conforming use shall not be enlarged nor structurally altered except under the following conditions: 1. Alteration is for the express purpose of converting the structure to a conforming use. 2. Alteration will ensure compliance with the health and safety requirements of the City, but such alteration shall only be permitted to the extent minimally necessary to bring the structure into compliance with the health and safety regulations. 3. A building containing one or more dwelling units, in districts where such occupancy is a non-conforming use, may be altered in ways which will enhance the livability of the dwelling unit or to ensure compliance with the health and safety regulations of the city. Under no circumstances shall these alterations result in an increase in the number of dwelling units in the building, or the bulk of the building. 4. Repairs and non-structural alterations may be made to a non-conformin g building. bildin g 5. There may be a change in tenancy, ownership or . management of a structure which houses a non-conforming use. 6. A parking area on a lot with a non-conforming building • may be paved in accordance with the provisions of Article VIII. 7. A fence may be erected in accordance with the provisions of Section 35-22 on a lot with a non-conforming building. 8. Nothing contained in exceptions 1 through 7 above shall be construed to permit an enlargement of a non-conforming building. D. Non-Conforming Off-Street Parking Lot. An off-street parking lot which contains more than 20 spaces and which lawfully existed prior to November 21, 1972,but which does not Conform to the landscape planting requirements of this chapter, is non-conforming.g. 7.'he structures served 1D the lot sh y all not be .... ..7.�b �... � � i.:,r.,_''x. .. !_i ..' r Y...w _ `:. 1 _ rti_:• _.'_is .X}2.�. ,tvJ'+S�yhf"'1i1? ...��.yi r ._....'...,'. a. ._ . _,. AS w enlarged nor structurally altered nor shall any new structure be All located on the premises until: (1) the non-conforming lot ` conforms to the landscape requirements,or (2) an amount equal to not less than ten percent (10%)of the costs of the proposed h building improvements has been expended directly toward the installation of the trees needed to meet the landscape requirement. If the property owner can prove that these minimum planting requirements would cause an unusual economic hardship the requirements may be varied by the Board of Adjustment. A variance, if granted, shall be limited to the minimum variance necessary to resolve, in whole or in part, the particular problem of the applicant. E. Discontinuance of Non-Conforming Uses - No building or portion thereof used in whole or in part for a non-conforming use in any district, which remains idle or unused for a continuous period of nine (9)months,whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the District i in which it is located. -9. F. Destruction of a Non-Conforming Use - No building which has been damaged by any cause whatsoever to the extent of more than 50% of the fair market value of the building immediately prior to damage, shall be restored except in conformity with the regulations of this chapter, and all rights as a non-conforming use are terminated. If a building is damaged by less than 50% of the fair market value,it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be substantially complete ' within twelve months of the date of such damage. a ' F: G. Conditional Use Not Non-Conforming - Existing uses eligible for Conditional Use Permits shall not be non-conforming uses but shall require a Conditional Use Permit for any alteration, enlargement or extension. GG.H. Intermittent Use - The casual, intermittent, temporary, or illegal use of land or buildings shall not be sufficient to establish the existence of a non-conforming use and the existence of a non-conforming use on the part of a lot or tract shall not be construed to establish a non-conforming use on the entire lot or tract. I Y. Existence of allon-Conforming Use '- Whether.' a non- conforming use exists shall be a question of fact and shall be decided by the Board of Adjustment after public notice and hearing and in accordance with the rules of the Board. VOW. ilk i ; to fi ti J. Non-Conforming Uses Not Validated -A non-conforming use in violation of a provision of the ordinance which this chapter repeals shall not be validated by the adoption of this chapter. Section 2. Severability. The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application. Section 3. This Ordinance shall be in full force and effect six months from and after the date of its passage and approval. Passed / Approved Presidin dicer Y14or ATTEST: . City,Clerk 'n yr 6 ...1� 4 ." Y�y i i 1 ,�'♦ 4' . y ..F,n ..L y.j 1 M 5 _ ... ' . N' \�l Yll. / F i1. •l'. tr n