Zoneomics Logo
search icon

Mitchell City Zoning Code

CHAPTER 10

NONCONFORMING BUILDINGS, STRUCTURES AND USES

10-10-1: RESTRICTIONS AND EXCEPTIONS:

   A.   Minimum Requirements: Except as hereinafter provided with respect to prior lawful uses, variances, and the regulations of this title are minimum requirements and apply uniformly to each class or kind of structure which require a building permit or land use in each district.
   B.   Restrictions On Structures: No structure or land shall be used, and no structure shall be erected, constructed, moved, structurally altered or otherwise altered beyond ordinary repairs and fixtures, wiring, plumbing and replacement of nonbearing partitions to an extent exceeding fifty percent (50%) of the replacement value of the structure in any one year if it does not increase the cubic size of the structure unless it is in conformity with all of the regulations herein specified for the district in which it is located. However, nothing in this title shall be deemed to prevent the restoring of safe conditions of any structure officially declared to be unsafe by the building official. (Ord. 2408, 10-1-2012)

10-10-2: CONTINUANCE OF NONCONFORMING BUILDINGS, STRUCTURES AND USES:

   A.   It is the intent of this title to permit zoning lots, structures and uses which are lawfully in existence before the effective date hereof and which do not conform with its regulations to continue until they are no longer so used but to discourage their survival. Such prior, lawful nonconforming uses shall not be enlarged, expanded nor used as grounds for permitting any other nonconforming use.
   B.   A lawful use or structure existing on any effective date hereof which is hereby made unlawful, may be continued, if it remains otherwise lawful, subject to the provisions of this chapter. (Ord. 2408, 10-1-2012)

10-10-3: DISCONTINUANCE OF NONCONFORMING USE:

If any such actual use ceases for a period of more than six (6) consecutive months or for a total of eighteen (18) months during any thirty six (36) month period, any subsequent use shall conform to district regulations for the district in which it is located. Use by intention, arrangement or design shall not constitute continuing use after the actual use ceases for the purpose of this section. (Ord. 2408, 10-1-2012)

10-10-4: REPAIRS AND ALTERATIONS:

   A.   No such use shall be enlarged, increased, extended or moved, in whole or in part, to occupy any structure or land or part thereof that was not occupied by such use at any effective date.
   B.   No such structure shall be enlarged, extended, reconstructed, except to be put to a permitted use.
   C.   Notwithstanding any other provisions of this title, the owner of a single-family residence, where such single-family residence is a prior lawful use in any zoning district in the city's zoning jurisdiction but is not currently a permitted use under the present provisions of this title, shall be permitted to construct a garage and/or accessory building upon the premises of such single-family residence, and the owner shall also be permitted to remodel and expand the said single-family residence unit, as described hereinabove, upon the granting of a variance therefor by the planning commission and by the board of adjustment.
      1.   Said garage, accessory building and remodeling and expansion shall be a permitted use under all of the zoning districts provided for in this title. (Ord. 2408, 10-1-2012)

10-10-5: DAMAGE AND DESTRUCTION:

Any structure, other than residential, destroyed or damaged due to involuntary circumstances to an extent of more than seventy five percent (75%) of its replacement cost, at the time of destruction or damage, shall not be rebuilt except in conformance with this title. The reconstruction of any structure used for a nonconforming use, otherwise prohibited by this section, may be permitted if a variance is granted prior to reconstruction, in accordance with the standard procedure relating to variances. In such case, the reconstruction shall be limited to a structure not larger than the structure destroyed, determined by the square footage of floor area of a building. Residential structures may be reconstructed without restriction. Upon approval, the nonconforming prior lawful use subject to this section shall be deemed a permitted use, notwithstanding any other provision of this title. (Ord. 2512, 4-6-2015)

10-10-6: CHANGE TO CONFORMING USE:

If, after any effective date, any structure or land or part thereof is occupied by a permitted use, thereafter the use thereof must conform to this title. (Ord. 2408, 10-1-2012)

10-10-7: EXISTING NONCONFORMING LOTS:

Where an individual lot is held in separate ownership and complies with all applicable zoning and subdivision requirements, except for the minimum lot size requirement of the zoning district in which it is located, such lot may be developed for any permitted uses or conditional uses specified in that zoning district except for duplex or multi-family development. (Ord. 2512, 4-6-2015)