Within the City of Baker there exist land uses, structures and lots that were lawfully established before this ordinance was adopted or amended that now do not conform to the terms and requirements of this ordinance. It is the intent of this ordinance to regulate these nonconforming uses and buildings until their eventual elimination and to permit the limited development of nonconforming lots without infringing upon the constitutional rights of the owners of such nonconformities. The continuation of nonconforming uses and structures and the limited development of nonconforming lots are intended to prevent economic hardship and to allow the useful economic value of the structure to be realized. It is further declared and it is the policy of the City of Baker that nonconforming uses and structures are generally incompatible with surrounding uses and are detrimental to the public health, safety, and general welfare. The purpose of this article is to establish standards to regulate the continued existence of these uses, structures, and lots that do not conform to the provisions of this ordinance.

Nonconforming uses are declared generally incompatible with surrounding uses and development. A nonconforming use may be continued in accordance with the provisions in this section.

Normal Maintenance or Repair. Normal maintenance or repair necessary to maintain a sound and safe structure may be performed on structures containing nonconforming uses provided that the maintenance or repair does not increase any nonconformity or change the use.

Enlargement or Expansion. A nonconforming use may not be enlarged or expanded in area, space or volume except as provided in Subsection A below.

A.

ADA. Notwithstanding the prohibition stated above, expansions such as covered wheelchair ramps, lifts, and handicap accessible rest rooms, which are needed to meet requirements of the Americans with Disabilities Act (ADA), shall be allowed to buildings containing nonconforming uses.

Change In Use. A nonconforming use shall not be changed to another nonconforming use. Whenever a nonconforming use has been changed to a conforming use, the use of the property shall not revert back to a nonconforming use.

Discontinuance or Abandonment. If a nonconforming use is operationally discontinued or abandoned for a period of more that twelve consecutive months regardless of the removal or non-removal of furniture/equipment or any intention to resume such activity in the future, such use may not be reestablished or resumed including using residential structures for storage of materials. Any subsequent use of the site shall conform to this ordinance.

Repairs of Partially Destroyed Structures.

A.

More Than Fifty Percent. If fifty percent or more of the floor area of a structure containing a nonconforming use is damaged by fire or other action not the willful act of the owner, the structure shall not be restored or reconstructed.

B.

Less Than Fifty Percent. If less than fifty percent of the floor area of a structure containing a nonconforming use is damaged by fire or other action not the willful act of the owner, the structure may be restored or reconstructed provided:

1.

Not Larger. The reconstructed building shall not exceed the height, area or volume of the structure prior to the damage; and,

2.

One Year. Reconstruction shall commence within one year of the date of the damage and proceed diligently until completion.

Nonconforming structures are declared generally incompatible with surrounding uses and development. A nonconforming structure may be continued in accordance with the provisions in this Section.

Normal Maintenance and Repair. Normal maintenance or repair may be performed on a nonconforming structure provided that the maintenance or repair does not increase any nonconformity.

Enlargement or Expansion.

A.

Alteration. Any alteration, addition, expansion, or enlargement to a legally nonconforming structure must meet all applicable standards in effect at the time a permit is issued for the alteration, addition, expansion, or enlargement.

Relocation. A nonconforming structure shall not be moved, in whole or in part, to another location on or off the parcel of land on which it is located, unless the structure in its new location will conform to the standards of the zoning district in which it is located.

Unsafe Because of Maintenance. If a nonconforming structure, or portion thereof, becomes physically unsafe or unlawful due to the lack of repairs or maintenance, and is declared by the building official to be an unsafe structure, it shall be removed or rebuilt or repaired in conformance with the standards of this ordinance and the currently adopted Building and Fire Codes.

Repairs of Partially Destroyed Structures.

A.

More than Fifty Percent. If fifty percent or more of the floor area of a nonconforming structure containing is damaged by fire or other action not the willful act of the owner, the structure shall not be restored or reconstructed except in conformance with this ordinance.

B.

Less than Fifty Percent. If less than fifty percent of the floor area of a structure containing a nonconforming use is damaged by fire or other action not the willful act of the owner, the structure may be restored or reconstructed provided:

1.

Not Larger. The reconstructed building shall not increase any nonconformity that existed before the destruction; and,

2.

One Year. Reconstruction shall commence within one year of the date of the damage and proceed diligently until completion.

Consolidation. The consolidation of adjacent nonconforming lot is required when such lots are owned by the same individual(s) or by entities controlled by the same individual(s).

Boundary Line Adjustment. Boundary line relocation of a nonconforming lot that is not subject to consolidation is permitted where the relocation would create a conforming lot or fully merge the nonconforming lot with an adjacent parcel. As provided by Section 76-3-207, MCA, such boundary line relocations are exempt from the standards of this ordinance.

Development of Lot. A nonconforming lot of record may be developed pursuant to standards of this ordinance.