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Mitchell County Unincorporated
City Zoning Code

ARTICLE XVII

- NONCONFORMING BUILDINGS AND USES

Any lawful use of the land or buildings existing at the date of passage of this ordinance and located in a district in which it would not be permitted as a new use under the regulations of this ordinance, is hereby declared to be a "nonconforming use" and not in violation of this ordinance at the date of adoption of this ordinance; provided, however, that a nonconforming use shall be subject to, and the owner shall comply with, the following regulations:


Sec. 17.01. - Nonconforming residences.

A residence, which is determined to be nonconforming, which has become vacant or remains unoccupied owing to abandonment or discontinuance for a period of 12 months shall thereafter conform to the provisions of this ordinance.

Sec. 17.02. - Nonconforming use of land, continuation of use.

A nonconforming use of land, which exists when this ordinance becomes effective, may be continued provided that:

A.

No such nonconforming use of land shall in any way be expanded or extended.

B.

If such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with the provisions of this ordinance.

C.

Nonconforming junkyards. (See article V, section 5.11, Protective screening.)

Sec. 17.03. - Restorations.

A building which houses a nonconforming use which has been destroyed or damaged by fire, explosion, act of God, may be restored to the same nonconforming use as existed before such damage. This restoration must be completed within 12 months of the date of such damage.

Sec. 17.04. - Discontinuance or abandonment.

Any nonconforming use of land or building which has become vacant or remains unoccupied owing to abandonment or discontinuance for a period of 12 months shall thereafter conform to the provisions of this ordinance.

Sec. 17.05. - Change of tenancy or ownership.

There may be a change in tenancy, ownership, or management of an existing nonconforming use.