§ 405.080. Non-Conformities., Chapter 405. Building and Use Regulations, Unified Development Code, Code of Ordinances, Blue Springs

General.

Purpose. The purpose of the regulations of this Chapter is to establish regulations that govern uses, structures, lots and other current circumstances that came into being lawfully but that do not conform to one (1) or more requirements of this Development Code. The regulations address the following types of non-conformities:

Non-Conforming Uses. Uses legally established prior to November 18, 1996, that do not conform with the use regulations of the district in which the use is located are referred to as "non-conforming uses."

Non-Conforming Structures. Buildings and structures, not including signs, legally established prior to November 18, 1996, that do not conform with the property development standards of the zoning district in which the use is located are referred to as "non-conforming structures."

Non-Conforming Signs. Signs legally established prior to November 18, 1996, that do not conform with the sign regulations of Chapter 501 are referred to as "non-conforming signs."

Policy. It is the general policy of the City to allow uses, structures or lots that came into existence legally and in conformance with then-applicable requirements but that do not conform to all of the applicable requirements of this Development Code to continue to exist and be put to productive use, but to bring as many aspects of such use into conformance with the current Development Code as is reasonably practicable, all subject to the limitations of this Chapter. The limitations of this Chapter are intended to recognize the interests of the property owner in continuing to use the property but to control the expansion of the non-conformity and to control re-establishment of abandoned uses and limit re-establishment of buildings and structures that have been substantially destroyed.

Authority To Continue. Non-conformities shall be allowed to continue in accordance with the regulations of this Chapter.

Determination Of Non-Conformity Status. The burden of establishing that a non-conformity lawfully exists is to be the owner's burden and not the City's.

Repairs And Maintenance. Repairs and normal maintenance required to keep non-conforming uses, non-conforming structures and non-conforming signs in a safe condition shall be permitted, provided that no alterations shall be made except those allowed by this Chapter or required by law or ordinance.

Change Of Tenancy Or Ownership. Changes of tenancy, ownership or management of an existing non-conformity shall be permitted, provided there is no change in the nature or character, extent or intensity of such non-conformity.

Non-Conforming Uses. Non-conforming uses shall be subject to the following standards:

Enlargement. No non-conforming use shall be enlarged, expanded or extended to occupy a greater area of land or floor area than was occupied on November 18, 1996, and no additional accessory use, building or structure shall be established on the site of a non-conforming use. This provision notwithstanding, uses may be extended throughout any part of a building or other structure that was lawfully and manifestly designed or arranged for such use on November 18, 1996.

Relocation. No non-conforming use shall be moved in whole or in part to any other portion of such parcel nor to another lot unless the use will be in conformance with the use regulations of the district into which it is moved.

Discontinuance And Abandonment. If a non-conforming use ceases for any reason for a period of more than twelve (12) consecutive months (except where government action causes such cessation), the subsequent use of such parcel or lot shall conform to the regulations and provisions set by this Development Code for the district in which such parcel or lot is located.

Damage Or Destruction. In the event that any structure that is devoted in whole or in part to a non-conforming use is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its structural value prior to such destruction, such structure shall not be restored unless such structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. The determination of such reduced structural valuation shall be made by the City. When such damage or destruction is fifty percent (50%) or less, no repair or restoration shall be made unless a building permit is obtained within six (6) months and restoration is actually begun within one (1) year after the date of such partial destruction and is diligently pursued to completion.

Change In Use. A non-conforming use may be changed to a new use, provided that the new use shall be of the same general character or of a character less intensive (and thus more closely conforming) than the existing, non-conforming use. The initial determination of whether a proposed use is a conforming use or is less intense shall be made by the Director of Community Development, with an appeal to the Board of Adjustment. A non-conforming use, if changed to a conforming use or less intensive non-conforming use, may not thereafter be changed back to a less conforming use than that to which it was changed.

Residential Uses In Non-Residential Districts. The other provisions of this Section notwithstanding, any structure that is devoted to a non-conforming residential use and that is located in an NB or more intensive district may be remodeled, extended, expanded and enlarged; provided that after any such remodeling, extension, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work.

Accessory Uses. No use which is accessory to a principal non-conforming use shall continue after such principal use ceases or terminates.

Outdoor storage, recycling collection stations, recycling collection centers and solid waste collection and processing facilities. A non-conforming use of land for outdoor storage for the sale of merchandise may be continued only until July 18, 1996, after which time the use shall be brought into full compliance with the use regulations of the underlying zoning district. Any non-conforming recycling collection station, recycling collection center or solid waste collection or processing facility shall, by July 18, 1996, be made to comply with all of the provisions of this Development Code or be removed.

Redevelopment Seeking Deviations, Modifications And/or Waivers Pursuant To Section 403.140. Redevelopment [as such term is defined in Section 403.140(D)(2) of this UDC] which is completed in accordance with an approved redevelopment modification plan pursuant to Section 403.140 shall not be deemed to violate the enlargement, relocation or damage or destruction provisions of this Section. Redevelopment so constructed will, from the date of issuance of a certificate of occupancy, have legal non-conforming status pursuant to this Section, but also shall be subject to all the provisions hereof.

Non-Conforming Structures. Non-conforming structures shall be subject to the following standards:

Enlargement. Any expansion of a non-conforming structure that increases the degree of non-conformance shall be prohibited. Other expansions of the structure shall be permitted and shall not require a variance. The initial determination of whether a proposed expansion increases the degree of non-conformity shall be made by the Director of Community Development with an appeal to the Board of Adjustment.

Damage Or Destruction. In the event that any non-conforming structure is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its structural value prior to such destruction, such structure shall not be restored except in conformance with the regulations for the zoning district in which it is located. When a structure is damaged to the extent of fifty percent (50%) or less, no repairs or restoration shall be made unless a building permit is obtained within six (6) months, and restoration is actually begun within one (1) year after the date of such partial destruction and is diligently pursued to completion. The determination of such reduced structural valuation shall be made by the City.

Relocation. Non-conforming structures shall not be moved unless the movement or relocation will bring the structure into compliance with all applicable zoning district regulations.

Redevelopment Seeking Deviations, Modifications And/or Waivers Pursuant To Section 403.140. Redevelopment [as such term is defined in Section 403.140(D)(2) of this UDC] which is completed in accordance with an approved redevelopment modification plan pursuant to Section 403.140 shall not be deemed to violate the enlargement, relocation or damage or destruction provisions of this Section. Redevelopment so constructed, from the date of issuance of a certificate of occupancy, will have legal non-conforming status, pursuant to this Section, but also shall be subject to all the provisions hereof.

Non-Conforming Signs.

Policy. It is the policy of the City to encourage and, to the maximum extent practicable, require that all signs within the City be brought into compliance with the requirements of Chapter 501.

Non-Conforming Signs Protected. A sign which was lawfully erected prior to November 18, 1996, but which does not comply in one (1) or more respects with the requirements of Chapter 501 may remain in use, subject to all other applicable requirements of this Development Code.

Signs Offered Additional Protection. Existing institutional bulletin boards and signs, building markers, directional signs, subdivision entrance signs and incidental signs shall not be affected by the other parts of this Section, except that should said signs be removed, replaced or substantially altered, they shall be brought into conformity with Chapter 501.

Limitations On Non-Conforming Signs.

Change of copy or the substitution of panels or faces on non-conforming signs shall be permitted. Repairs and maintenance of non-conforming signs, such as repainting, electrical repairs and neon tubing, shall be permitted.

It shall be unlawful to enlarge, structurally alter or move off premises any existing sign, except in accordance with the provisions of Chapter 501.

Any non-conforming sign that ceases being used or ceases being leased for a continuous period of one (1) year shall not be reused for sign purposes until it is brought into full compliance with the standards of Chapter 501.

Any non-conforming sign that pertains to a business or institution that ceases operation for a period of six (6) months or more shall not be reused for sign purposes until it is brought into full compliance with the standards of Chapter 501.

Any time that a building permit is issued for work on a building on a lot where such work enlarges the building floor area by more than twenty percent (20%), or involves work with a permitted value equal to one-half (1/2) or more of the taxable value of the building or structure then located on the lot, any non-conforming signs on the property shall be brought into compliance with the provisions of Chapter 501 as part of the construction project with such work to be completed before permanent occupancy of the new or remodeled premises.

Treatment In Master Signage Plan. The master signage plan shall contain a proposed plan for treatment of non-conforming signs on a property as new signs are added. The following principles shall control such a proposed plan:

Any addition of new signage to a property should be offset by a proportionate reduction in the amount of non-conforming signage on the property. That is, if a new sign will account for ten percent (10%) of the permitted signage on the property, then the non-conforming signage on the property should be reduced by at least ten percent (10%) at the time that the new signage is installed.

For any property for which the master signage plan contains provisions consistent with Chapter 501, existing non-conforming signs on the property may be disregarded in computing the maximum total sign area permitted on the property.

Redevelopment Seeking Deviations, Modifications And/or Waivers Pursuant To Section 403.140. Redevelopment [as such term is defined in Section 403.140(D)(2) of this UDC] which is completed in accordance with any approved redevelopment modification plan pursuant to Section 403.140 shall not be deemed to violate the limitations on non-conforming signs provision of Section 405.080(D)(4)(e). Redevelopment so constructed, from the date of issuance of a certificate of occupancy, will have legal non-conforming status, pursuant to this Section, but also shall be subject to all the provisions hereof.

Other Non-Conformities.

Applicability. The types of other non-conformities to which this Section applies include, but are not necessarily limited to: fence height or location; lack of or inadequate landscape buffers; lack of or inadequate landscaping; lack of or inadequate off-street parking; and other non-conformities not involving zoning district use or property development standards.

Enlargement Or Change In Use. Where an addition, enlargement or change in use is proposed to an extent in excess of twenty-five percent (25%) of the floor area of the existing buildings or structures, the entire lot shall be brought into conformance with presently existing requirements of this Development Code as to landscaping, buffering, off-street parking and other non-use and non-property development regulations of this Development Code.

Redevelopment Seeking Deviations, Modifications And/or Waivers Pursuant To Section 403.140. Redevelopment [as such term is defined in Section 403.140(D)(2) of this UDC] which is completed in accordance with an approved redevelopment modification plan pursuant to Section 403.140 shall not be deemed to violate the enlargement or change in use provisions of this Section. Redevelopment so constructed, from the date of issuance of a certificate of occupancy, will have legal non-conforming status, pursuant to this Section, but also shall be subject to all the provisions hereof.

Non-Conformities Created By Public Action. When lot area or setbacks are reduced as a result of conveyance to a Federal, State or local government for a public purpose and the remaining area is at least seventy-five percent (75%) of the required minimum standard for the district in which it is located, then that lot shall be deemed to be in compliance with the minimum lot size and setback standards of this Development Code without resort to the Board of Adjustment.