Big Timber City Zoning Code
NONCONFORMING USES
LOTS, AND STRUCTURES
§ 154.405 INTENT.
(A) Existing nonconformities. Within the districts established by this chapter or amendments thereto, there exist lots, structures, uses of land, and structures, and characteristics of use which were lawful before this chapter was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(B) Declared incompatible.
(1) Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the district involved. However, to avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction lawfully began prior to the effective date of adoption or amendment hereof, and which actual building construction has been carried on diligently.
(2) ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal be deemed to be actual construction, provided that work shall be carried on diligently.
(2015 Code, § 11-22-1) (Ord. 454, passed 6-19-2000)
§ 154.406 NONCONFORMING LOTS OF RECORD.
(A) Single lot. In any district, notwithstanding other limitations imposed by this chapter, structures permitted in said district may be erected on any single lot of record on the effective date hereof. Such lot must be in a separate ownership and not of continuous frontage with other lots of the same ownership. A lot of record that does not meet lot area or lot width requirements must still meet other requirements of the district.
(B) Two or more lots. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of adoption or amendment hereof, and, if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter. Where lots are larger than required by this chapter, said lots may be subdivided into smaller lots, except no parcel may be divided so as to create a lot smaller in lot width or lot area than required by this chapter.
(2015 Code, § 11-22-2) (Ord. 454, passed 6-19-2000)
§ 154.407 NONCONFORMING USES OF LAND.
(A) Continuation. Where, at the time of passage hereof, lawful use of land exists which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise lawful, provided:
(1) Enlarged, increased, or extended. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment hereof;
(2) Moved. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment hereof;
(3) Use ceases; abandonment. If any such nonconforming use of land ceases for any reason for a period of more than 90 days or is legally abandoned, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located;
(4) Replacement of manufactured home. Any manufactured home within any city zoning district at the time of passage hereof may be replaced by another manufactured home upon issuance of a land use permit. However, no permit may be issued unless such replacement manufactured home meets all setback requirements of the zone or does not infringe upon the setbacks of the original manufactured home; and
(5) Additional nonconforming structures. No additional nonconforming structure in connection with the requirements of this chapter shall be erected in connection with such nonconforming uses of land.
(2015 Code, § 11-22-3) (Ord. 454, passed 6-19-2000)
§ 154.408 NONCONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment hereof that could not be built under the terms of this chapter by reason of restriction on lot area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) Increase in nonconformity. No such nonconforming structure may be altered or enlarged in any way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(B) Destruction. Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means, it shall not be reconstructed except in a way that will not increase the preexisting nonconformity.
(C) Moved. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(2015 Code, § 11-22-4) (Ord. 454, passed 6-19-2000)
§ 154.409 NONCONFORMING USES OF STRUCTURES.
If lawful use of the structure or of structures and premises existing at the effective date of adoption or amendment hereof that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, provided that:
(A) Enlarged, extended, or altered. No existing structure devoted to a nonconforming use shall be enlarged, extended, constructed, or structurally altered unless the use is changed to a permitted use;
(B) Extension of use in same building. Any nonconforming use may be extended to any other part of a building designed for such use, but no such use may be extended in any way to occupy land outside the building;
(C) Change to other nonconforming use. Nonconforming use of building, structures, or premises may be changed to another nonconforming use provided that a conditional use permit is obtained from the City Council. In determining whether or not to grant the conditional use permit, the City Council, after recommendation from the Planning Board, shall determine that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use;
(D) Additional conditions or safeguards. In permitting such use, the City Council may require appropriate conditions or safeguards;
(E) Superseded by permitted use. Any structure or structure and land in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations of the district in which it is located and the nonconforming use may not thereafter be resumed;
(F) Cease in use. Whenever a nonconforming use of a structure or premises ceases for 90 days, the structure or premises shall not thereafter be used except in conformance with the regulations of the district in which it is located. The term CEASE, as used in this section, shall mean that the activity in question has not been in operation for a period of 90 days; and
(G) Removal or destruction. Where nonconforming use status applies to both structures and land, the removal or destruction of the structure shall eliminate the nonconforming status of the land.
(2015 Code, § 11-22-5) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999
§ 154.410 REPAIRS AND MAINTENANCE.
(A) On any nonconforming structure or portion of the structure containing a nonconforming use, work may be done on ordinary repairs and fixtures, wiring, plumbing, or repair or replacement of nonbearing walls, to an extent not exceeding 25% of the assessed value of the building in any one year, provided that such work does not increase the volume of the building.
(B) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or portion thereof declared to be unsafe by an official charged with protecting the public safety upon order of such official.
(2015 Code, § 11-22-6) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999