76-561. Intent., Article XIV. Nonconforming Lots, Uses and Structures, Chapter 76. Zoning, Code of Ordinances, Code of Ordinances, Chesterfield

(a)

Elaboration of nonconformities. Within the districts established by this chapter, or amendments that may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before the ordinance from which this chapter is derived is passed or is amended, but which would be prohibited, regulated or restricted under the terms of the ordinance from which this chapter is derived, or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival excepted as provided in this article. Any nonconforming use which cannot be proved conclusively to have been existing prior to the enactment or amendment of the ordinance from which this chapter is derived shall be declared an illegal use and shall be discontinued.

(b)

Extension or enlargement prohibited. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would not be permitted generally in the district involved.

(c)

Change not required. To avoid undue hardship, nothing in this chapter shall require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun or for which a contract or contracts have been entered into pursuant to a building permit issued prior to the effective date of adoption or amendment of the ordinance from which this chapter is derived. Such construction or improvements shall be further regulated as specified in section 76-33.

(d)

Nonconforming uses distinctions. Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the district involved. Since some nonconforming uses will not disappear, it is necessary and desirable in pursuit of the public interest to distinguish between nonconforming uses which should be eliminated as rapidly as possible and nonconforming uses which ought to be given separate treatment.

(e)

Two classes of nonconforming uses. There are established two classes of nonconforming uses:

(1)

Class A. Nonconforming uses that could be restored, reconstructed or have substituted nonconforming uses; and

(2)

Class B. Nonconforming uses that are not desirable and useful and will only be allowed to be continued until they are removed or voluntarily discontinued.