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Smithville City Zoning Code

ARTICLE XVII

NON-CONFORMING BUILDINGS AND USES

Sec. 70-561.- Compliance with article required.

Any lawful use of land existing at the date of adoption of this chapter and located in a district in which it would not be permitted as a use under the regulations of this chapter is hereby declared to be a "non-conforming use" and not in violation of this chapter provided, however, that a non-conforming use shall be subject to, and the owner shall comply with, the following regulations.

(Ord. of 12-2-2002, § 70-561)

Sec. 70-562. - Non-conforming buildings and uses.

A non-conforming use of land and a non-conforming building which existed as of the date of adoption of this Code, may be continued provided that:

(1)

No such use of non-conforming land or buildings shall in any way be expanded or extended with the following exceptions.

a.

A non-conforming manufactured home use may be extended or expanded by exchanging an old manufactured home for a new one provided all other provisions of this chapter and all provisions of the manufactured home ordinance are complied with.

(2)

If such use of non-conforming land or buildings or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with provisions of this chapter.

(Ord. of 12-2-2002, § 70-562)

Sec. 70-563. - Discontinuance or abandonment.

Any non-conforming use of land or building which has become unused, vacant or remains unoccupied owing to abandonment or discontinuance of use for a period of 180 days shall thereafter conform to the provisions of this article.

(Ord. of 12-2-2002, § 70-563)

Sec. 70-564. - Alterations.

Any non-conforming building or non-conforming use which has been damaged by fire, explosion, act of God, or by public enemy may be restored to the same non-conformity or non-conforming use as existed before such damage. The structure or use shall not be expanded.

(Ord. of 12-2-2002, § 70-564)

Sec. 70-565. - Change of tenancy or ownership.

There may be a change in tenancy, ownership, or management of an existing non-conforming use of land provided the non-conformity is not abandoned or discontinued for more than 180 days.

(Ord. of 12-2-2002, § 70-565)