Section 6.14 Nonconforming Uses

• Library: Local Government Deskbook (2017 Ed.)

D. (§6.14) Nonconforming Uses

While zoning may regulate use of land prospectively, it usually cannot be utilized to eliminate preexisting land uses. A nonconforming use is a lawful use in existence at the time of enactment or amendment of a zoning regulation that would prohibit or restrict it. One Hundred Two Glenstone, Inc. v. Bd. of Adjustment of City of Springfield, 572 S.W.2d 891 (Mo. App. S.D. 1978). These uses are permitted to continue in their present form until discontinued or abandoned. Protection will be afforded to a nonconforming use only if it was lawfully established and in existence at the time the zoning regulation became effective. St. Louis Cnty. v. Turpin, 672 S.W.2d 391 (Mo. App. E.D. 1984). “‘The theory behind the nonconforming use doctrine is that applying new zoning restrictions to established uses of land would constitute a taking of private property without just compensation or due process.’” The Lamar Co. v. City of Columbia, 512 S.W.3d 774, 788 (Mo. App. W.D. 2016) (quoting Storage Masters–Chesterfield, L.L.C. v. City of Chesterfield, 27 S.W.3d 862, 866 (Mo. App. E.D. 2000)). The right to continue a nonconforming use is embodied in some of the enabling statutes. Sections 64.090.3, 64.255.2, and 64.620, RSMo 2016.

The nonconformity may be as great as the use itself or as small as a minor violation of bulk or area requirements. Although a nonconforming use or structure will be permitted to continue, it may not be altered or expanded unless expressly permitted by the zoning ordinance. In determining whether...