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Mill City City Zoning Code

CHAPTER 17

48 - NONCONFORMING USES

Sections:


17.48.010 - Intent.

It is the intent of this chapter to permit pre-existing uses and structures which do not conform to the use or dimensional standards of this title to continue under conditions specified in this chapter. However, alteration or expansion of these nonconforming uses and structures, thereby creating potentially adverse effects in the immediate neighborhood or in the city as a whole, are not permitted except as outlined in this chapter.

(Ord. 273 § 6.010, 1998)

17.48.020 - Continuation of a nonconforming use.

A.

Subject to the provisions of this chapter, a nonconforming use of a structure, or a nonconforming use, may be continued or maintained.

B.

A nonconforming use of a building may be changed to a similar nonconforming use or a use allowed in a more restrictive zone classification provided there is no structural alteration.

(Ord. 273 § 6.020, 1998)

17.48.030 - Discontinuance of a nonconforming use.

If a nonconforming use is discontinued from active use for a period of one year, further use of the property shall be for a conforming use.

(Ord. 273 § 6.030, 1998)

17.48.040 - Repairs and maintenance.

A.

Any building housing a nonconforming use may be maintained or restored to conform with the standards of the building code, including repair or replacement of fixtures, wiring, or plumbing, provided the building is not increased in cubic content or floor area.

B.

In an industrial zone, a dwelling existing prior to the date of adoption of the ordinance codified in this title (September 13, 1994) may be altered or extended provided that:

1.

The alteration or extension shall not exceed the lot size and density, yard, lot coverage, and building height requirements of the R-2 zone; or

2.

The applicant shall apply for and receive approval of a variance to the above listed requirements.

(Ord. 273 § 6.040, 1998)

17.48.050 - Completion of structure.

Nothing contained in this chapter shall require any change in the plans, construction, alteration or designated use of a structure for which a building permit has been lawfully issued and construction has commenced prior to adoption of the ordinance codified in this title, provided the structure, if nonconforming or intended for a nonconforming use, is completed and in use within one year from the time the permit is issued.

(Ord. 273 § 6.050, 1998)

17.48.060 - Destruction of nonconforming use.

Any structure involuntarily destroyed by fire, casualty or natural disaster may be restored or replaced if, upon application to the city, the proposed restoration or replacement shall be commenced within twelve (12) months from the occurrence of the fire, casualty or natural disaster.

(Ord. 273 § 6.060, 1998)

(Ord. No. 358, § 10, 7-13-2010)