SEC. 181. NONCONFORMING USES: ENLARGEMENTS, ALTERATIONS AND RECONSTRUCTION.

   The following provisions shall apply to nonconforming uses with respect to enlargements, alterations and reconstruction:

   (a)   Increases in Nonconformity. A nonconforming use, and any structure occupied by such use, shall not be enlarged, intensified, extended, or moved to another location, with the exception of the construction of a mezzanine within a Live/Work Unit and expansion of Dwelling Units in PDR Districts, unless the result will be elimination of the nonconforming use, except as provided below and in Section 186.1 of this Code. A nonconforming use shall not be extended to occupy additional space in a structure, or additional land outside a structure, or space in another structure, or to displace any other use, except as provided in Sections 182 and 186.1 of this Code.

   (b)   Permitted Alterations. A structure occupied by a nonconforming use shall not be constructed, reconstructed or altered, unless the result will be elimination of the nonconforming use, except as provided in Section 186.1 of this Code and in Subsections (a) above and (d), (e), (f), (g), (h) and (i) below, and except as follows:

      (1)   Ordinary maintenance and minor repairs shall be permitted where necessary to keep the structure in sound condition, as well as minor alterations, where such work is limited to replacement of existing materials with similar materials placed in a similar manner.

      (2)   Minor alterations shall be permitted where ordered by an appropriate public official to correct immediate hazards to health or safety, or to carry out newly enacted retroactive requirements essential to health or safety.

      (3)   Alterations otherwise allowed by this Code shall be permitted for any portion of the structure that will not thereafter be occupied by the nonconforming use, provided the nonconforming use is not enlarged, intensified, extended, or moved to another location.

      (4)   All other alterations of a structural nature shall be permitted only to the extent that the aggregate total cost of such other structural alterations, as estimated by the Department of Building Inspection, is less than ½ of the assessed valuation of the improvements prior to the first such alteration, except that structural alterations required to reinforce the structure to meet the standards for seismic loads and forces of the Building Code shall be permitted without regard to cost.

   (c)   Dwellings Nonconforming as to Density.

      (1)   A Dwelling or other housing structure exceeding the permitted density of Dwelling Units or other housing units set forth in the Zoning Control Table for the district in which the lot is located  shall be classified as a nonconforming use under Section 180 of this Code, but only to the extent that such Dwelling or other housing structure exceeds the permitted density.

      (2)   In districts where a Dwelling Unit is a principally permitted use, this Section 181 shall not apply with respect to enlargements, alterations and reconstruction of the nonconforming portion of such Dwelling or other housing structure, consisting of those Dwelling Units or other housing units that exceed the permitted density, so long as such enlargements, alterations, or reconstruction do not otherwise extend beyond the building envelop as it existed on January 1, 2013.

      (3)   No enlargements, alterations, or reconstruction shall be permitted under Subsection (c)(2) for any Dwelling Unit if any tenant has been evicted pursuant to Administrative Code Sections 37.9(a)(9) through 37.9(a)(14) where the tenant was served with the notice of eviction after December 10, 2013 if the notice was served within ten (10) years prior to filing an application to enlarge, alter or reconstruct such Dwelling or other housing unit. Additionally, no such enlargements, alterations, or reconstruction shall be permitted for any Dwelling Unit if any tenant has been evicted pursuant to Administrative Code Section 37.9(a)(8) where the tenant was served with a notice of eviction after December 10, 2013 if the notice was served within five (5) years prior to filing an application to enlarge, alter or reconstruct such Dwelling or other housing unit. This Subsection (c)(3) shall not apply if the tenant was evicted under Section 37.9(a)(11) or 37.9(a)(14) and the applicant(s) either (A) have certified that the original tenant reoccupied the unit after the temporary eviction or (B) have submitted to the Planning Commission a declaration from the property owner or the tenant certifying that the property owner or the Rent Board notified the tenant of the tenant's right to reoccupy the unit after the temporary eviction and that the tenant chose not to reoccupy it.

      (4)   Any Dwelling Unit or other housing unit coming within the density limit shall not be affected by this Section 181. Except as provided in Sections 181(h) and 182(e), no Dwelling or other housing structure exceeding the permitted density of Dwelling Units or other housing units shall be altered to increase the number of Dwelling Units or other housing units therein, or to increase or create any other nonconformity with respect to the Dwelling Unit or other housing unit density limitations identified in the Zoning Control Table for the district in which the lot is located.

   (d)   Structures Damaged or Destroyed by Calamity. Notwithstanding the foregoing provisions of this Section 181, a structure occupied by a nonconforming use that is damaged or destroyed by fire, or other calamity, or by Act of God, or by the public enemy, may be restored to its former condition and use; provided that such restoration is permitted by the Building Code, and is started within eighteen months and diligently prosecuted to completion. The age of such a structure for the purposes of Sections 184 and 185 shall nevertheless be computed from the date of the original construction of the structure. Except as provided in Subsection (e) below, no structure occupied by a nonconforming use that is voluntarily razed or required by law to be razed by the owner thereof may thereafter be restored except in full conformity with the use limitations of this Code.

      For purposes of this Subsection (d), "started within eighteen months" shall mean that within eighteen months of the fire or other calamity or Act of God, the structure's owner shall have filed a building permit application to restore the structure to its former condition and use.

   (e)   Unreinforced Masonry Buildings. In order that major life safety hazards in structures may be eliminated as expeditiously as possible, a structure containing nonconforming uses and constructed of unreinforced masonry that is inconsistent with the requirements of the UMB Seismic Retrofit Ordinance, Ordinance No. 227-92, may be demolished and reconstructed with the same nonconforming use or a use as permitted by Planning Code Section 182; provided that:

      (1)   there is no increase in any nonconformity, or any new nonconformity, with respect to the use limitations of this Code;

      (2)   the current requirements of the Building Code, the Housing Code and other applicable portions of the Municipal Code are met; and

      (3)   such restoration or reconstruction is started within one year after razing or other demolition work on the structure and diligently prosecuted to completion.

   (f)   Nighttime Entertainment Uses in Certain Mixed-Use Districts. A nighttime entertainment use within the MUG or MUR Districts may be enlarged, intensified, extended, or expanded, including the expansion to an adjacent lot or lots, provided that: (1) the enlargement, intensification, extension or expansion is approved as a conditional use pursuant to Sections 303 and 316 of this Code; (2) the use as a whole meets the parking and signage requirements, floor area ratio limit, height and bulk limit, and all other requirements of this Code that would apply if the use were a permitted one; and (3) the provisions of Section 803.5(b) of this Code are satisfied.

   (g)   Automotive Sales and Service Signs in the Automotive Special Use District. Automotive sales and service signs within the Automotive Special Use District which have all required permits but which do not comply with the controls for new signs established in Section 607.3 of this Code shall be permitted to remain as nonconforming uses and shall be permitted to modify the signage text to describe new automobile ownerships and dealerships that may occur from time to time.

   (h)   Dwellings in PDR and M-2 Districts. In PDR and M-2 Districts, no building containing a residential use shall be altered to increase the number of dwelling units or other housing units therein. However, individual dwelling units or other housing units may be expanded, subject to height, bulk, and all other provisions of this Code which would otherwise be applicable to dwelling units or other housing units in the Urban Mixed Use District.

   (i)   Nonconforming Non-Residential Uses in the Eastern Neighborhoods Mixed Use, PDR-1-D, and PDR-1-G Districts. In the Eastern Neighborhoods Mixed Use, PDR-1-D, and PDR-1-G Districts, a non-residential nonconforming use may expand in gross floor area by no more than 25 percent with conditional use authorization pursuant to Section 303 of this Code. Such conditional use authorization may not be granted for any subsequent or additional expansion beyond the initial 25 percent.

   (j)   In the PDR-1-D, PDR-1-G, and PDR-2 Districts, a storage building for household goods shall be allowed to rebuild to its current square footage, as long as it provides at least one FAR of PDR uses, as defined in Section 401. A Notice of Special Restriction (NSR) shall be recorded on the title of any property receiving approval under this Section. This NSR shall provide the Planning Department with the ability to enforce the provisions of this Section.

(Added by Ord. 443-78, App. 10/6/78; amended by Ord. 69-87, App. 3/13/87; Ord. 412-88, App. 9/10/88; Ord. 79-89, App. 3/24/89; Ord. 75-90, App. 3/5/90; Ord. 115-90, App. 4/6/90; Ord. 227-92, App. 7/14/92; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 224-11 , File No. 110590, App. 11/15/2011, Eff. 12/15/2011; Ord. 286-13 , File No. 130783, App. 12/26/2013, Eff. 1/25/2014; Ord. 71-14 , File No. 131205, App. 5/23/2014, Eff. 6/22/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)

AMENDMENT HISTORY

Division (d) amended; Ord. 224-11 , Eff. 12/15/2011. Division headers added throughout section; divisions (a), (b), and (b)(4) amended; division (c) divided into subdivisions (1) through (4) and amended; divisions (e) and (h) amended; Ord. 286-13 , Eff. 1/25/2014. Division (j) added; Ord. 71-14 , Eff. 6/22/2014. Divisions (c)(1) and (c)(4) amended; Ord. 22-15, Eff. 3/22/2015. Division (f) amended; Ord. 296-18, Eff. 1/12/2019.