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Sturgeon City Zoning Code

ARTICLE XII

Non-Conforming Uses

Section 405.490 Continuation; Changes To Other Uses.

A. 
The lawful use of land existing on the effective date of this Chapter, although such use does not conform to the provisions hereof, may be continued, but if such non-conforming use is discontinued, any future use of such premises shall be in conformity with the provisions of this Chapter.
B. 
The lawful use of a building existing on the effective date of this Chapter may be continued, although such use does not conform with the provisions hereof, and such use may be extended throughout the building; provided, no structural alterations, except those required by law or code, are made therein. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification.
C. 
A non-conforming use, if changed to a conforming use or more restricted non-conforming use, may not thereafter be changed back to a less restricted use than that to which it was changed. If any property is transferred to a more restricted district by a change in the district boundaries, or regulations and restrictions in any district are made more restrictive or of a higher classification by amendment of this Chapter, the provisions of this Chapter relating to the non-conforming use of buildings or premises existing on the effective date of this Chapter shall apply to buildings or premises occupied or used at the time of the passage of such amendment.

Section 405.500 Repairs, Alterations And Extensions Of Non-Conforming Buildings.

Repairs and alterations may be made to a non-conforming building; provided that no structural alterations or extensions shall be made, except those required by law or code, unless the building is changed to a conforming use; provided, further, that where the building is non-conforming as to situation on the lot only, and does conform as to use and type of structure, in that the usage made of the building conforms to the requirements of this Chapter and the structure is of the type allowed in the district where such building may be situated, but the building is located nearer to a lot line than the minimum setback required by this Chapter, an extension may be made to such building on a side other than that which is nearer to a lot line than the required setback, so long as such extension, when completed, will not violate this Chapter as to usage or type of structure allowed in the district, or as to setback lines on the sides which were conforming as to setback prior to the extension; provided, further, that the Board of Adjustment, by special permit in the case of evident hardship, may grant an extension of a non-conforming use not exceeding twenty-five percent (25%) of the ground area of the building.