GENERAL PROVISIONS

ZONING DISTRICTS

AND MAP

AGRICULTURAL AND

CONSERVATION DISTRICT AG.1

ZONING PARK

ZONING DISTRICT PUBLIC

RESIDENTIAL HOUSING

RESIDENTIAL HOUSING

MULTI-FAMILY DWELLINGS

HIGH DENSITY DISTRICT R-3

MANUFACTURED SINGLE-FAMILY

HOMES, MODERATE DENSITY MH-1

MANUFACTURED SINGLE-FAMILY

HOMES, HIGH DENSITY MH-2

GENERAL COMMERCIAL

DISTRICT GC-1

RETAIL COMMERCIAL

DISTRICT GC-2

SINGLE-FAMILY RESIDENTIAL/OFFICE

COMMERCIAL DISTRICT GC-3

HIGHWAY SERVICE

HS-1

GENERAL INDUSTRIAL

GI-1

OR FLOODPLAIN DISTRICT OS-1

TRANSITIONAL DISTRICT

NU

FAIRGROUNDS DISTRICT

FAIR

AND RECREATIONAL VEHICLE PARK DISTRICT RV

VENDORS

SUPPLEMENTARY REGULATIONS

DOWNTOWN OVERLAY

DISTRICT

NONCONFORMING BUILDINGS

STRUCTURES AND USES OF LAND

LANDSCAPE REGULATIONS

CANNABIS ESTABLISHMENTS

ADMINISTRATION AND

ENFORCEMENT

Sturgis City Zoning Code

NONCONFORMING BUILDINGS

STRUCTURES AND USES OF LAND

§ 156.430 PURPOSE.

Any otherwise lawful use of land or structure existing at the time of adoption of these regulations may be continued, maintained and repaired, except as otherwise provided in this subchapter.

(Prior Code, Title 18, Art. VI)

§ 156.431 CONTINUANCE OF NONCONFORMING USES.

The lawful operation of a nonconforming use as such use existing on the effective date of this chapter, or any amendment thereto, by which the use became a nonconforming use, may be continued; provided, however, that the number of dwelling units in a nonconforming dwelling use shall not be increased over or exceed the number of dwelling units existing in the nonconforming use on the effective date of this chapter.

(Prior Code, Title 18, Art. VI)

§ 156.432 EXTENSION OF NONCONFORMING USES IN STRUCTURES.

A nonconforming use in a structure may be extended throughout the structure, provided no structural alterations, except those required by law or ordinance, are made therein.

(Prior Code, Title 18, Art. VI)

§ 156.433 CHANGES IN NONCONFORMING USES.

The nonconforming use of a building may be changed to another nonconforming use that is in the same (or higher) use group as the previous nonconforming use until the building is removed; provided, however, that a certificate of occupancy must be obtained before the change is made.

(Prior Code, Title 18, Art. VI)

§ 156.434 TERMINATION OF NONCONFORMING USES.

Except as hereinafter provided, a nonconforming use that has been abandoned or discontinued for more than one year shall not hereafter be reestablished. In the event of such discontinuance or abandonment for more than one year, the Building Inspector shall give notice to the property owner by registered or certified mail that the nonconforming use is to be eliminated within a time frame set by the Common Council in each instance.

(Prior Code, Title 18, Art. VI)

§ 156.435 OPEN LAND, NONCONFORMING USE OF.

A nonconforming use not enclosed in a building or structure, or one in which the use of the land is a use exercised principally out-of-doors and outside of a building or structure shall, after three years form the date of notification, become a prohibited and unlawful use and shall be discontinued.

(Prior Code, Title 18, Art. VI) Penalty, see § 156.999

§ 156.436 DESTRUCTION, DAMAGE OR OBSOLESCENCE OF STRUCTURE.

The right to operate and maintain any nonconforming use shall terminate whenever the structure or structures in which the nonconforming use is operated and maintained are damaged, destroyed or become obsolete or substandard beyond the limits hereinafter established for the termination of nonconforming structures.

(Prior Code, Title 18, Art. VI)

§ 156.437 CONTINUANCE OF NONCONFORMING STRUCTURES.

Except as hereinafter provided, any nonconforming structures may be occupied and operated and maintained in a state of good repair.

(Prior Code, Title 18, Art. VI)

§ 156.438 ENLARGEMENT OR EXTENSION OF NONCONFORMING STRUCTURES.

A nonconforming structure in which a nonconforming use is operated shall not be enlarged or extended; a nonconforming structure in which only permitted uses are operated may be enlarged or extended if the enlargement or extension can be made in compliance with all of the provisions of this chapter established for structures in the district in which the nonconforming structure is located.

(Prior Code, Title 18, Art. VI)

§ 156.439 RESTORATION OF DAMAGED NONCONFORMING STRUCTURES.

A nonconforming structure damaged in any manner and from any cause whatsoever to the extent of not more than 50% of its replacement cost may be restored; provided, that restoration is completed within one year of the date of the damage; and provided, that if a nonconforming residential structure is damaged to the extent of more than 50% of its replacement cost, it may be restored by the person who is the owner of the nonconforming structure at the time that it became a nonconforming use and may restore said structure, provided restoration is completed within one year from the date of the damage.

(Prior Code, Title 18, Art. VI)

Sturgis City Zoning Code

NONCONFORMING BUILDINGS

STRUCTURES AND USES OF LAND

§ 156.430 PURPOSE.

Any otherwise lawful use of land or structure existing at the time of adoption of these regulations may be continued, maintained and repaired, except as otherwise provided in this subchapter.

(Prior Code, Title 18, Art. VI)

§ 156.431 CONTINUANCE OF NONCONFORMING USES.

The lawful operation of a nonconforming use as such use existing on the effective date of this chapter, or any amendment thereto, by which the use became a nonconforming use, may be continued; provided, however, that the number of dwelling units in a nonconforming dwelling use shall not be increased over or exceed the number of dwelling units existing in the nonconforming use on the effective date of this chapter.

(Prior Code, Title 18, Art. VI)

§ 156.432 EXTENSION OF NONCONFORMING USES IN STRUCTURES.

A nonconforming use in a structure may be extended throughout the structure, provided no structural alterations, except those required by law or ordinance, are made therein.

(Prior Code, Title 18, Art. VI)

§ 156.433 CHANGES IN NONCONFORMING USES.

The nonconforming use of a building may be changed to another nonconforming use that is in the same (or higher) use group as the previous nonconforming use until the building is removed; provided, however, that a certificate of occupancy must be obtained before the change is made.

(Prior Code, Title 18, Art. VI)

§ 156.434 TERMINATION OF NONCONFORMING USES.

Except as hereinafter provided, a nonconforming use that has been abandoned or discontinued for more than one year shall not hereafter be reestablished. In the event of such discontinuance or abandonment for more than one year, the Building Inspector shall give notice to the property owner by registered or certified mail that the nonconforming use is to be eliminated within a time frame set by the Common Council in each instance.

(Prior Code, Title 18, Art. VI)

§ 156.435 OPEN LAND, NONCONFORMING USE OF.

A nonconforming use not enclosed in a building or structure, or one in which the use of the land is a use exercised principally out-of-doors and outside of a building or structure shall, after three years form the date of notification, become a prohibited and unlawful use and shall be discontinued.

(Prior Code, Title 18, Art. VI) Penalty, see § 156.999

§ 156.436 DESTRUCTION, DAMAGE OR OBSOLESCENCE OF STRUCTURE.

The right to operate and maintain any nonconforming use shall terminate whenever the structure or structures in which the nonconforming use is operated and maintained are damaged, destroyed or become obsolete or substandard beyond the limits hereinafter established for the termination of nonconforming structures.

(Prior Code, Title 18, Art. VI)

§ 156.437 CONTINUANCE OF NONCONFORMING STRUCTURES.

Except as hereinafter provided, any nonconforming structures may be occupied and operated and maintained in a state of good repair.

(Prior Code, Title 18, Art. VI)

§ 156.438 ENLARGEMENT OR EXTENSION OF NONCONFORMING STRUCTURES.

A nonconforming structure in which a nonconforming use is operated shall not be enlarged or extended; a nonconforming structure in which only permitted uses are operated may be enlarged or extended if the enlargement or extension can be made in compliance with all of the provisions of this chapter established for structures in the district in which the nonconforming structure is located.

(Prior Code, Title 18, Art. VI)

§ 156.439 RESTORATION OF DAMAGED NONCONFORMING STRUCTURES.

A nonconforming structure damaged in any manner and from any cause whatsoever to the extent of not more than 50% of its replacement cost may be restored; provided, that restoration is completed within one year of the date of the damage; and provided, that if a nonconforming residential structure is damaged to the extent of more than 50% of its replacement cost, it may be restored by the person who is the owner of the nonconforming structure at the time that it became a nonconforming use and may restore said structure, provided restoration is completed within one year from the date of the damage.

(Prior Code, Title 18, Art. VI)