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Belle Fourche City Zoning Code

CHAPTER 17

26 - NON-CONFORMING STRUCTURES AND USES

17.26.001 - [Generally.]

A legally non-conforming building, structure or use existing at the time of the adoption of this Title may be continued, maintained, and repaired except as otherwise provided in this section.

(Ord. 7-2015, 2-3-2016)

17.26.010 - Continuance of non-conforming uses.

Any use that is legal immediately prior to the adoption of this Title, but does not conform to this Title upon its adoption, becomes a legal non-conforming use. A non-conforming use may continue unless it is discontinued for a period of one year. In such case, the use shall not be reestablished unless the Common Council approves such action. A non-conforming use, if converted to a conforming use, shall not be changed back to a non-conforming use.

(Ord. 7-2015, 2-3-2016)

17.26.020 - Alteration or enlargement of non-conforming building, structures or uses.

A legal non-conforming building, structure or use shall not be added to or enlarged in any manner unless such addition or enlargement is approved by the Common Council.

(Ord. 7-2015, 2-3-2016)

17.26.030 - Damage to non-conforming buildings and structures.

A building that by reason of the passage of this Title has become legally non-conforming, and thereafter is damaged by fire, explosion, act of God, or the public enemy to the extent of more than fifty (50) percent of its value, shall not be restored except in conformity with the regulations of the zoning district in which it is located. When damaged by less than fifty (50) percent of its value, a legally non-conforming building may be repaired or reconstructed up to its original size, and used as before the time of damage, provided such repairs or reconstruction are completed within one year of the date of such damage.

(Ord. 7-2015, 2-3-2016)

17.26.040 - Non-conforming lots of record.

Where a lot, parcel or tract of land is in legal existence on the effective date of this ordinance, and such lot is smaller than the minimum lot size required for the zoning district, a non-conforming lot of record shall be deemed to exist. For the purpose of establishing the legal existence of a lot, parcel or tract of land, evidence shall be presented that the lot, parcel or tract was legally created by plat, recorded deed, recorded warranty deed, recorded contract of sale or purchase agreement executed prior to the effective date of this ordinance. Any permitted use may be constructed, altered or enlarged on a non-conforming lot of record so long as all other development standards are met.

(Ord. 7-2015, 2-3-2016)

17.26.050 - Approved projects.

Use permits, variances, and planned residential developments any of which are valid on upon adoption of this ordinance, shall remain valid until their expiration date. Projects with valid approvals or permits may be carried out in accordance with the development standards in effect at the time of approval, provided that the permit or approval is valid and has not lapsed. No provision of this title shall require any change in the plans, construction, or designated use of any structure for which a permit has been issued prior to the date of adoption of this ordinance.

(Ord. 7-2015, 2-3-2016)