Chesterfield |
Code of Ordinances |
Code of Ordinances |
Chapter 76. Zoning |
Article XIV. Nonconforming Lots, Uses and Structures |
76-566. Regulations pertaining to class B nonconforming uses. |
The purpose of this section is to establish restrictions designed
to eliminate class B nonconforming uses as rapidly as is permitted
by law without payment of compensation.
(1)
No class B nonconforming use of a structure, or structure and premises
in combination, that is discontinued or ceases to exist for one year
or for 12 months during any three-year period or be otherwise sooner
abandoned, shall not thereafter be used except in conformance with
the regulations of the district in which it is located. Structures
and/or land established for seasonal uses shall be excepted from this
provision.
(2)
No class B nonconforming use shall be:
a.
Resumed if it has been changed to a conforming use for any period,
or if the structure in which such use is conducted is damaged by fire
or other casualty to the extent that the cost of reconstruction or
repairs exceeds 50% of the replacement cost of such structure.
b.
Enlarged or extended, nor shall the structure it occupies be repaired
or reconstructed if damaged by fire or other casualty to the extent
that the cost of reconstruction or repair exceeds 50% of the replacement
cost of such structure.
c.
Changed to a substantially different nonconforming use, nor enlarged
so as to make use of more land area than used at the time of becoming
nonconforming.
d.
Permitted to continue in existence if it was unlawful at the time
of its inception.
e.
Moved in whole or in part to any other portion of the lot or parcel
occupied by such use on the effective date of adoption or subsequent
amendment to the ordinance from which this chapter is derived.
(3)
In the case of soil or gravel removal operations, existing holes
or pits may be worked on the land which constituted the lot on which
operations were conducted at the time of becoming nonconforming, but
no new holes or pits shall be established, nor shall any water area
be expanded.
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Ord. No. 110, § 14.05, eff. 11-1-1996 |