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Chesterfield |
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Code of Ordinances |
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Code of Ordinances |
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Chapter 76. Zoning |
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Article XIV. Nonconforming Lots, Uses and Structures |
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76-565. Regulations pertaining to class A nonconforming use. |
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(a)
Resumption. No class A nonconforming use of land shall be resumed
if for any reason it has been discontinued for a continuous period
of at least 12 months, or if it has been changed to another nonconforming
or conforming use for any period.
(b)
Use, alteration or enlargement. A class A use may be used, altered
or enlarged, provided that it does not violate any condition imposed
by the planning commission established at the time of its designation.
(c)
Restoration. Nothing in this section shall prevent the restoration
of a class A nonconforming use eliminated by fire, explosion, act
of God, or act of the public enemy subsequent to the effective date
of its class designation. Nothing shall prevent the continuance of
the use as such use existed at the time of its impairment, provided
that such use restoration is completed within 18 months from the time
of destruction and that the same use is made of the premises. The
building administrator may, for reasonable cause, grant one extension
of time for an additional period not exceeding 90 days.
(d)
Removal. Where a class A nonconforming use occupies a building and/or
structure and land in combination, removal of such building and/or
structure shall eliminate the nonconforming status of the land.
(e)
Change. Any class A nonconforming use may be changed to another nonconforming
use upon written findings of the zoning board of appeals that:
(1)
The proposed use is similar in operational characteristics as
the former nonconforming use;
(2)
There is no increase in the intensity of the use of the land,
building or structure involved;
(3)
Such change in use will have a less detrimental effect or negative
impact on neighboring property than the existing nonconforming use
it is replacing; and
(4)
The proposed use, although inappropriate to a uniform zoning
pattern, is desirable and useful in pursuit of the public interest
or is more appropriate to the zoning district than the existing nonconforming
use.
(f)
Conditions and safeguards. In permitting such a change in use, the
zoning board of appeals may require appropriate conditions and safeguards
in accord with the purpose and intent of this chapter, inclusive of
upgrading the premises to comply as nearly as is practicable with
requirements of this chapter.
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| Ord. No. 110, § 14.04, eff. 11-1-1996 |