Columbia Nonconformities ordinance (§ 29-6.5)

(a) Nonconforming uses.

(1) Continuation, changes, and discontinuance.

(i) Any use of land or buildings that was legally created, or that was legal in Boone County on the date that land was annexed into the city, may be continued, and may be transferred or sold to other owners or tenants, whether or not that use complies with the provisions of this chapter for the zoning district in which it is located, subject to the following conditions:

(A) A nonconforming use of land outside of a building shall not be extended or enlarged beyond the area of land on which it occurred on the date it became nonconforming or the annexation date.

(B) A nonconforming use of land inside a conforming building may be extended throughout the building that existed on the date the use became nonconforming or the annexation. The board may grant permission for an extension of a conforming building to allow expansion of

a nonconforming use in that building by up to twenty-five (25) percent upon a showing that relocation of the use to a district in which it would be a permitted or conditional use would be impossible or impracticable.

(C) If a nonconforming use of land or buildings is discontinued for any reason for a period of more than twelve (12) months, any future use of such premises shall comply with the provisions of this chapter. Such time period may be extended upon application to the board.

(D) A nonconforming use of a building may be changed to another nonconforming use that the director determines will have fewer negative impacts on the surrounding area than the use it replaces, provided, that the original nonconforming use shall not be restarted.

(ii) A nonconforming use of land or buildings, if changed to a conforming use, may not be thereafter changed to a nonconforming use. A nonconforming use of buildings that is changed to a nonconforming use that the director determines will have fewer negative impacts on the surrounding area may not thereafter be changed to any nonconforming use that the director determines will have more negative impacts on the surrounding area.

(b) Nonconforming structures.

(1) Continuation and change. Any structure that was legally constructed, or that was legal in Boone County on the date that land was annexed into the city, may continue in use, and may be transferred or sold to other owners or tenants, whether or not that structure complies with the provisions of this chapter for the zoning district in which it is located, subject to the following conditions:

(i) Any expansion of a nonconforming structure shall conform to the building setbacks and all other dimensional standards applicable to new construction on the site.

(ii) In the M-DT district, where a legal nonconforming building is located off the required building line, additions shall conform as nearly as practicable. Additions are not required to extend to the required building line. Existing building facades are not required to be retrofit to conform to M- DT fenestration or other M-DT façade requirements.

(iii) If the structure is occupied by a nonconforming use, any expansion of the nonconforming use into the building expansion area will require approval of the board pursuant to section 29-6.5(a) above.

(2) Damage and destruction.

(i) If a nonconforming structure is damaged or destroyed by fire, explosion, an act of God, nature, or a public enemy, and the damage to the structure does not exceed seventy-five (75) percent of its reasonable value, excluding foundations, the structure may be reconstructed in substantially the same configuration as before the damage or destruction. If the damage to the structure exceeds seventy-five (75) percent of its reasonable value, excluding foundations, the structure may only be reconstructed in compliance with this chapter, as applied to the zone district where the structure is located.

(ii)

The provisions of subsection (i) shall not apply to structures containing only residential dwelling units (and permitted home occupations in those dwelling units), which may be reconstructed in substantially the same configuration as before the damage or destruction, regardless of the amount of damage or destruction.

(c) Nonconforming lots.

(1) A lot that does not conform to the standards in this chapter for the zoning district in which it is located may nevertheless be used for any use for which a conforming lot may be used, but must comply with all dimensional standards in section 29-4.1, all form-based controls in section 29-4.2, and all other provisions of this chapter applicable to property in that zoning district.

(2) If the State of Missouri or the city acquires a portion of a tract or parcel of land for right-of-way and the remaining property thereby becomes nonconforming for the zoning district in which it is located, the property shall be treated as a conforming property.

(d) Nonconforming site features. Conforming land uses and structures on parcels or tracts of land that do not comply with one or more of the standards in section 29-4.3 (parking and loading), 29-4.4 (landscaping and screening), or 29-4.5 (exterior lighting), may be expanded, revised, or redeveloped subject to the following conditions:

(1) The expansion, revision, or redevelopment must be to land uses and structures permitted in the zoning district where the property is located;

(2) The expansion, revision, or redevelopment must not increase any nonconformity with the standards in section 29-4.3, 29-4.4 or 29-4.5;

(3) Any expansion or change in land uses that increases the amount of parking required on the property shall require that the net increase in required parking be provided on-site; and

(4) Any redevelopment of the property that results in the demolition of an existing principal structure, as defined by the adopted building code or is more than seventy-five (75) percent of the building, and/or construction of new principal structures shall require that the property be brought into compliance with all applicable requirements of this chapter.

(e) Nonconforming signs.

(1) All signs which have been lawfully erected shall be deemed to be legal and lawful signs and may be maintained subject to the provisions of this section 29-6.5(e).

(2) Nonconforming signs that become deteriorated or dilapidated to the extent of over sixty (60) percent of the physical value they would have if they had been maintained in good repair must be removed within sixty (60) days. Nonconforming signs that are damaged to the extent of sixty (60) per cent or less of their physical value must be repaired within sixty (60) days from date of notification, or must be removed. Nonconforming signs that are damaged, other than by vandalism, to the extent of over sixty (60) per cent of their physical value must be removed within sixty (60) days of receiving such damage or brought into compliance with the provisions of this chapter. Nonconforming signs that

are damaged by vandalism to the extent of over sixty (60) percent of their physical value must be restored within sixty (60) days or removed or brought into compliance with the provisions of this section 29-6.5(e).

(3) Nonconforming signs may not be enlarged or increased in height. Nonconforming signs that are enlarged or increased in height in violation of this section must be removed.

(4) Nonconforming signs may not be relocated except when such relocation brings the sign into compliance with this section 29-6.5(e). Nonconforming signs that are relocated in violation of this section must be removed.

(5) The sign face of a nonconforming sign may be altered if the sign face is not enlarged beyond the maximum area allowed by this section 29-6.5(e).