Within the zones established by this title, or amendments that may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use, which were lawful before the ordinance codified in this title was passed or amended, but which would be prohibited, regulated or restricted under the terms of this title or future amendment. It is the intent of this title to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this title 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 zone. Nonconforming uses are declared by this title to be incompatible with permitted uses in the zones involved. However, to avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance codified in this title and upon which actual building construction has been carried on diligently. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

(Ord. 53 § 220-1, 1978)

A.

In any zone in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any vacant single lot with frontage of sixty feet or more of record at the effective date of adoption or amendment of the ordinance codified in this title. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply, even though such lot fails to meet the requirements for area or width or both, that are generally applicable in the zone; provided, that the yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the zone in which such lot is located. An additional variance of area width and yard requirements shall be obtained only through affirmative action of the board of adjustment.

If two or more vacant lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of the ordinance codified in this title, and if all or part of the lots do not meet the requirements for lot widths and area as established by this title, the lands involved shall be considered to be an undivided parcel for the purpose of this title. No portion of said parcel shall be used in a manner which does not meet lot width and area requirements established by this title.

B.

In any zone in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any vacant single lot with a frontage of less than sixty feet where said lot was of record at the effective date of the adoption or amendment of the ordinance codified in this section; providing, however, a minimum side yard setback of five feet and adequate vision clearance on corner lots, as well as all other requirements of this title have been satisfied.

(Ord. 215 § 1(A), 1984; Ord. 137 § 1 (part), 1981; Ord. 129 § 1 (part), 1981; Ord. 53 § 220-2, 1978)

Where, at the effective date of adoption or amendment of the ordinance codified in this title, lawful use of land exists that is made no longer permissible under the terms of the ordinance codified in this title, as enacted or amended, such use may be continued, so long as it remains otherwise lawful subject to the following provisions:

A.

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 of the ordinance codified in this title;

B.

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of the ordinance codified in this title;

C.

If any such nonconforming use of land ceases for any reason for a period of one year, any subsequent use of such land shall conform to the regulations specified by this title for the zone in which such land is located.

(Ord. 201 § 1(A), 1983; Ord. 53 § 220-3, 1978)

Where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this title that would not be built under the terms of this title by reason or restriction on area, lot coverage, height, yards, or other characteristics of the structure, such structure may be continued so long as it remains lawful, subject to the following provisions:

A.

No such structure may be enlarged or altered in a way which increases its nonconformity, unless an enlargement or structural alteration makes the building more conforming or is required by law, but any structure or portion thereof may be altered to decrease its nonconformity;

B.

Should such structure be destroyed and rebuilding not started within one year from the date of destruction, it shall not be reconstructed except in conformity with the provisions of this title;

C.

Except for manufactured homes, should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved;

D.

Where a nonconforming structure exists at the effective date of the ordinance codified in this title and the structure is a manufactured home unit which is nonconforming due to lot coverage and/or building setback requirements, the manufactured home unit may be replaced with another manufactured home unit providing the replacement unit does not increase or enlarge the nonconformity. In addition, the replacement unit complies with all other requirements of the zone in which the unit is located (except lot coverage or building setbacks) only if such replacement occurs within one year from the date of removal of the original nonconforming structure. Otherwise, such replacement unit must conform to the requirements of this title.

E.

Where nonconforming Class A, Class B and Class C manufactured/mobile homes existed within a residential zoning district of Butte-Silver Bow County at the effective date of adoption or amendment of the ordinance codified in this title that would not be permitted under the terms of this title by reason of Chapter 17.37 may be relocated to a licensed manufactured home park.

F.

Structural alterations may be permitted if necessary to adopt a nonconforming building or structure to new technologies or equipment pertaining to uses housed in such building or structure. Any enlargement necessary to adopt to such new technologies shall be authorized only by a variance by the zoning board of adjustment.

(Ord. 224 § 1(E), 1984; Ord. 201 § 1(I), 1983; Ord. 53 § 220-4, 1978)

(Ord. No. 15-6, § 1, 8-14-2015)

If a lawful use of a structure, or of structures and premises in combination, exists at the effective date of adoption or amendment of the ordinance codified in this title, that would not be allowed in the zone under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

No existing structure devoted to a use not permitted by this title in the zone in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing to the use permitted in the zone in which it is located;

B.

A nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance codified in this title, but no such use shall be extended to occupy any land outside such building;

C.

If no structural alterations are made, any nonconforming use of a structure or structure and premises, may be changed to another nonconforming use; provided, that the board of adjustment, either by general rule or by making findings in the specific case, finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use, in appropriate conditions and with safeguards in accord with the provisions of the ordinance codified in this title;

D.

Any structure or structures and premises in combination in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not be thereafter resumed;

E.

If a nonconforming use within a structure, or structures and premises in combination, is discontinued or abandoned for any reason and is not rebuilt within one year, the structure or structures and premises in combination shall not thereafter be used except in conformance with the regulations of the zone in which it is located, unless a variance has been granted.

(Ord. 53 § 220-5, 1978)

Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.

(Ord. 53 § 220-6, 1978)

Notwithstanding any other provisions of this title, any motor vehicle wrecking facility (as defined in Section 69-6801 (1) of the Revised Codes of Montana, 1947) or other junkyard in existence in any residential, commercial or rural zone at the date of enactment of the ordinance codified in this title shall, at the expiration of four years from such date, become a prohibited and unlawful use and shall be discontinued; save and except that this cessation provision shall not apply to any motor vehicle wrecking facility which was properly licensed and screened under the provisions of Title 69, Chapter 68, Revised Codes of Montana, 1947, on the effective date of the ordinance codified in this title, and continues to remain so licensed.

(Ord. 53 § 220-7, 1978)

The zoning officer shall ascertain the date upon which any nonconforming use was established or acquired and shall prepare a map showing the exact location of the nonconforming uses of structures or structure and premises and shall prepare for each nonconforming use a file containing the name and address of the owner and other information deemed appropriate by the zoning officer, board of adjustment, zoning commission or council of commissioners.

(Ord. 53 § 220-8, 1978)