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Grain Valley City Zoning Code

SECTION 400

271 Non-Conforming Uses.

[R.O. 1996 § 400.271; Ord. No. 1918 § 1, 9-10-2007]
A. 
Non-conforming uses shall be subject to the following standards.
1. 
Enlargement. No non-conforming use shall be enlarged, expanded or extended so that it occupies a greater area of land or floor area than that which was occupied on October 10, 2007, and no additional accessory use, building or structure shall be established on the side of a non-conforming use. This provision notwithstanding, uses may be extended throughout any part of the building or accessory structure that was lawfully and manifestly designed or arranged for such use on October 10, 2007.
2. 
Relocation. No non-conforming use shall be relocated in whole or in part to any other portion of such lot or to another lot unless the use will be in conformance with the use regulations of the district into which it is relocated.
3. 
Discontinuance And Abandonment. If a non-conforming use is discontinued or its normal operation is terminated for a period of twelve (12) months or more, the use of the building or premises shall thereafter conform to all regulations of the district in which it is located.
4. 
Damage Or Destruction. In the event that any structure that is devoted in whole or in part to a non-conforming use is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its structural value prior to such destruction, such structure shall not be restored unless such structure and the use thereof conform to all regulations of the zoning district in which it is located. The determination of such reduced structural valuation shall be made by the City and appealed to the Board of Adjustment with no appeal fees. When damage or destruction of a structure is fifty percent (50%) or less, no repair or restoration shall be made unless a building permit is obtained within nine (9) months and restoration is actually begun within twelve (12) months after the date of such partial destruction and is diligently pursued to completion.
5. 
Change In Use. A non-conforming use may only be changed to a new use, provided that the new use shall be of the same general character or of a character less intensive (and thus more closely conforming) than the existing, non-conforming use, if the Board of Zoning Adjustment makes the decision that the change would benefit the City as a whole. Once a non-conforming use is changed to a conforming use or a less intensive non-conforming use, it may not thereafter be changed back to a less conforming use than that to which it was changed.
6. 
Accessory Uses. No use which is accessory to a principal non-conforming use shall continue to exist after such principal use ceases to exist.