Section 29-28 Nonconforming uses.


    (a) The lawful use of land existing at the time of passage of Ordinance No. 9958, or annexation, although such use does not conform to the provisions hereof, may be continued.  The nonconforming use of land shall not be extended or enlarged, either on the same or adjoining property. If such nonconforming use is discontinued, any future use of such premises shall be in conformity with the provisions of this chapter.

    (b) The lawful use of a building existing at the time of the passage of this article may be continued, although such use does not conform with the provisions hereof, and such use may be extended throughout the building, provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.

    (c) A nonconforming use of land or buildings, if changed to a conforming use or more restricted nonconforming use, may not thereafter be changed back to a less restricted use than that to which it was changed. If any property is hereafter transferred to a more restrictive district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification by amendment to this chapter, the provisions of this chapter relating to the nonconforming use of buildings or premises existing at the time of passage of this chapter shall apply to buildings or premises occupied or used at the time of the passage of such an amendment.

    (d) Repairs and alterations may be made to a nonconforming building, provided that no structural alterations or extensions shall be made, except those required by law or ordinance, unless the building is changed to a conforming use, provided that the board, by special permit in the case of evident hardship, may grant an extension of a nonconforming use not exceeding twenty-five (25) per cent of the first floor.

    (e)    When the city or the Missouri Department of Transportation acquires a portion of a tract or parcel of land for right-of-way for a street project and the remaining property thereby becomes nonconforming to any zoning regulation, the property shall be treated as conforming to the zoning regulation to the following extent:

(1)    If a building on the property that was conforming before the acquisition is destroyed, it may be rebuilt in the same configuration or with minor changes approved by the director of community development;

(2)     The director of community development, in calculating area restrictions for proposed construction on the property, shall consider the land acquired as if it remained part of the property. This provision, however, shall not apply to substantial redevelopment of the property.


(Code 1964, § 19.230; Ord. No. 9958, § 1, 10-3-83; Ord. No. 15533, § 1, 3-2-98; Ord. No. 21459, § 1, 10-1-12)


(Ord. 21459, Amended, 10/01/2012, Prior Text; 15533, Amended, 03/02/1998, Prior Text)