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Morton City Zoning Code

CHAPTER 17

56 - NONCONFORMING USES

Sections:


17.56.005 - Nonconforming uses of buildings—Intent.

Within the districts established by this section or amendments that may be later adopted, exist structures and uses of land and structures which were lawful before the ordinance codified in this section was passed or amended, but which would be prohibited, regulated or restricted under the terms of this section or future amendment. It is the intent of this section to permit these non-conformities to continue pursuant to the provisions of this section. It is also the intent that should a nonconforming structure be destroyed, that the owner may rebuild the nonconforming structure.

(Ord. 01-16 § 1, 2001)

17.56.010 - Nonconforming uses of land and buildings—Continuance.

Any nonconforming use of land, buildings, or structures lawfully existing at the effective date of the ordinance codified in this title may be continued, subject to the following provisions.

(Ord. 523 § 1 (part) Exh. A § 12.010, 1998)

17.56.020 - Nonconforming uses of buildings—Yard and area requirements.

Any building or structure conforming as to use but nonconforming as to height, lot area, lot coverage, or yards at the effective date of the ordinance codified in this title may be altered, repaired or extended; provided, that such alteration, repair or extension shall not increase the existing degree of nonconformance.

(Ord. 523 § 1 (part) Exh. A § 12.020, 1998)

17.56.030 - Nonconforming uses of land and building—Limitations.

A.

Any building or part thereof containing a nonconforming use may be maintained with ordinary repair; provided, that no such building or part shall be extended, expanded or structurally altered except as otherwise required by law.

B.

A nonconforming use of a part of a building shall not be extended throughout the building.

C.

Any land or building or part thereof formerly used by a nonconforming use and which had been unoccupied or unused continuously for a period of at least one year shall not be reoccupied except by a conforming use.

D.

No nonconforming use of land shall be extended, enlarged or expanded.

E.

Any change of a nonconforming use shall be to a conforming one.

(Ord. 523 § 1 (part) Exh. A § 12.030, 1998)

17.56.040 - Nonconforming structures—Replacement

If an existing nonconforming structure is destroyed by fire or an act of nature, it may be replaced in the footprint of the previous nonconforming use, subject to necessary modifications to provide for public health and safety, within twelve (12) months of the destruction. If replacement can't be completed within twelve (12) months, the property owner may apply for a variance to extend this time limit. Older mobile homes and manufactured homes must be replaced by a designated manufactured home with a manufacture date of not more than five years from the date of installation, or may be replaced by a stick-built home in the same footprint as the previous home.

(Ord. No. 05-6, § 3 (12.021), 12-27-05)