Fort Pierre City Zoning Code
NONCONFORMITY AND
SPECIAL USES
§ 159.045 NONCONFORMING USES, LAND, LOTS AND STRUCTURES GENERALLY.
(A) Purpose. The city zoning ordinance has established separate districts and standards, each of which are appropriate for the uses and developments of that district. The purpose of this section is to allow but regulate those nonconforming uses, lots and structures which substantially and adversely affect the orderly development and taxable value of other conforming property in each district and to clarify those circumstances and conditions under which those nonconforming uses, lots or structures shall be permitted to exist with restrictions.
(Prior Code, § Q-1-201)
(B) Applicability.
(1) Legal nonconforming uses, land, lots and structures. Uses, land, lots and structures existing lawfully prior to the effective date of this chapter which, by reason of this chapter, are no longer conforming shall be considered as legally nonconforming and shall be subject to all regulations imposed hereafter.
(2) Illegal nonconforming uses, lots and structures. Uses, land, lots and structures existing unlawfully prior to the effective date of this chapter, and which remain unlawful, shall be considered illegal unless remedial action is taken by obtaining an authorized special use permit or it is brought into conformance by another acceptable zoning ordinance. For the purposes of this chapter, mobile homes located outside of a mobile home park are considered illegal nonconforming structures.
(3) Previous nonconforming, uses, land, lots and structures which become conforming as a result of comprehensive amendment. Uses, land, lots and structures existing lawfully or unlawfully prior to the effective date of this chapter which are made lawful as a result of the provisions of this chapter shall be considered as conforming.
(Prior Code, § Q-1-202)
(C) Authority to continue legal nonconformity. Any legal nonconforming building, structure or use thereof which existed at the time of the adoption of this chapter and which remains nonconforming, and any such building, structure or use thereof which shall become nonconforming upon the adoption of this chapter, or of any subsequent amendment thereto, may be continued only in accordance with the regulations which follow in divisions (D) through (K) below.
(Prior Code, § Q-1-203)
(D) Repairs and alterations.
(1) Ordinary repairs or alterations allowed. Ordinary repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations shall be made in or to such building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law, or except to make the building or structure, and use thereof, conform to the regulations of the district in which it is located.
(2) No increase in dwelling units or bulk. A building in a residential district containing nonconforming residential uses may be repaired or altered to improve livability and health conditions, provided no changes are made that would increase the number of dwelling units or the bulk of the building.
(Prior Code, § Q-1-204)
(E) Additions and enlargements.
(1) Conformity or special use required. A nonconforming building or structure all, or substantially all, of which is designed or intended for a use not permitted in the district in which it is located shall not be added to or enlarged in any manner unless such nonconforming building or structure, and use thereof, including all additions and enlargements thereto, is made to conform to all the regulations of the district in which it is located or unless application is made for its conversion to a special use.
(2) Bulk the sole nonconformity. A nonconforming building or structure which is nonconforming only as to bulk shall not be added to or enlarged in any manner unless such additions and enlargements thereto conform to the applicable regulations of the district in which it is located or unless application is made for its conversion to a special use.
(Prior Code, § Q-1-205)
(F) Relocating building or structure. No building or structure which does not conform to all of the regulations of the district in which it is located, except those required by law, shall be moved, in whole or in part, to any other location unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all regulations of the district into which it is moved.
(Prior Code, § Q-1-206)
(G) Restoring damaged building or structure.
(1) Damage exceeds 75%. A building or structure or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which is was before the occurrence will exceed 75% of the building or structure’s value, as determined by a certified appraiser, shall not be restored, except as required by law, unless said building or structure, and the use thereof, shall conform to all regulations of the district in which it is located.
(2) Damage less than 75%. In the event that such damage or destruction is less than 75% of the building or structure’s value, as determined by a certified appraiser, no repairs or reconstruction shall be made unless such restoration is started within six months from the date of the partial destruction and is diligently prosecuted to completion.
(Prior Code, § Q-1-207)
(H) Discontinuing use of building or structure. A building or structure or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is vacant, unoccupied and not used on the effective date of this chapter, or thereafter becomes vacant and remains unoccupied, or is not used for a continuous period of six months, shall not thereafter be occupied or used except by a use which conforms to the use regulations of the district in which it is located.
(Prior Code, § Q-1-208)
(I) Expanding use in building or structure.
(1) In buildings or structures designed or intended for nonconforming use. The nonconforming use of part of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be extended throughout the building or structure in which said use is presently located, but no changes or structural alterations which increase the bulk of the building or structure, except those required by law, shall be made unless such changes or structural alterations, and the use thereof, conform to all the regulations of the district in which the building or structure is located.
(2) Accessory uses. No accessory use shall be added to a use which is nonconforming.
(Prior Code, § Q-1-209)
(J) Change of nonconforming use in building or structure. The nonconforming use of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be changed to any conforming use.
(Prior Code, § Q-1-210)
(K) Change of nonconforming use to conforming use. Whenever all or any part of a building or structure occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by a nonconforming use.
(Prior Code, § Q-1-211)
(Ord. 912, passed - -) Penalty, see § 159.999
§ 159.046 NONCONFORMING USE OF CONFORMING BUILDINGS OR STRUCTURES.
(A) Applicability. The lawfully existing nonconforming use of part or all of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, may be continued subject to the following provisions in divisions (B) through (F) below.
(Prior Code, § Q-1-301)
(B) Repairs and alterations. Repairs, alterations and structural changes may be made to a conforming building or structure occupied by a nonconforming use, all or substantially all of which is designed or intended for a use permitted in the district in which it is located, provided said repairs, alterations or structural changes conform to the regulations of the district in which said building or structure is located.
(Prior Code, § Q-1-302)
(C) Restoring damaged building or structure.
(1) Damage exceeds 75%. A building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 75% of the building or structure’s value, as determined by a certified appraiser, shall not be restored unless said building or structure, and the use thereof, shall conform to all the regulations of the district in which it is located.
(2) Damage less than 75%. In the event such damage or destruction is less than 75% of the building or structure’s value, as determined by a certified appraiser, no repairs or reconstruction shall be made unless such restoration is started within six months from the date of the partial destruction and is diligently prosecuted to completion.
(Prior Code, § Q-1-303)
(D) Discontinuing nonconforming use. If a nonconforming use of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, is discontinued for a period of six consecutive months, it shall not thereafter be renewed, and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located.
(Prior Code, § Q-1-304)
(E) Expanding nonconforming use. The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be extended into any other portion of such building or structure.
(Prior Code, § Q-1-305)
(F) Changing nonconforming use. No nonconforming use shall be changed to another nonconforming use if located in a building or structure all or substantially all of which building or structure is designed or intended for a permitted use.
(Prior Code, § Q-1-306)
(G) Changing to conforming use. Whenever all or any part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, is occupied by a nonconforming use and is subsequently changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by a nonconforming use.
(Prior Code, § Q-1-307)
(Ord. 912, passed - -) Penalty, see § 159.999
§ 159.047 NONCONFORMING USE OF LAND.
(A) Applicability. The nonconforming use of land not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, may be continued subject to the following provisions in divisions (B) through (D) below.
(Prior Code, § Q-1-401)
(B) Discontinuing nonconforming use. If a nonconforming use of land is discontinued for a period of six consecutive months, it shall not thereafter be renewed, and any subsequent use of land shall conform to the regulations of the district in which the land is located.
(Prior Code, § Q-1-402)
(C) Expanding nonconforming use. A nonconforming use of land shall not be expanded or extended beyond the area it occupies.
(Prior Code, § Q-1-403)
(D) Changing to conforming use. Whenever a nonconforming use of land is changed to or replaced by a conforming use of land, such premises shall not thereafter be used or occupied by a nonconforming use of land.
(Prior Code, § Q-1-404)
(Ord. 912, passed - -) Penalty, see § 159.999
§ 159.048 NONCONFORMING LOTS.
(A) Applicability. Legal nonconforming lots existing at the time of the adoption of this chapter may be utilized for uses that are permitted in the zone in which the lot is located, provided that the nonconforming lot complies with following provisions of divisions (B) through (D) below.
(Prior Code, § Q-1-501)
(B) Permitted use. A nonconforming lot (existing prior to the effective date of this chapter) may be used for any permitted, special, temporary or accessory use, provided a primary use is in place that is allowed in the zone in which the lot is located.
(Prior Code, § Q-1-502)
(C) Site and structure provisions. The use of any nonconforming lot for a conforming use permitted in the zone in which the lot is located is subject to the site and structure provisions and other requirements of that zone, except those specific requirements that directly resulted in the lot’s nonconforming status.
(Prior Code, § Q-1-503)
(D) Contiguous nonconforming lots. Where two or more contiguous lots with continuous frontage, or combination of contiguous lots and portions of lots with continuous frontage, are under single ownership or unified control at or after the time of the passage of this chapter, and if all or part of the lots do not meet the required bulk provisions for lots within the zone in which the lots are located, they shall be considered to be an undivided parcel for the purposes of this chapter. Such contiguous groups of nonconforming lots may be subdivided into new lots where each new lot, to the greatest extent possible, conforms to the standards of the district in which they are located; they may not, however, be built upon as separate and individual nonconforming lots without review by the Board of Adjustment and Appeals.
(Prior Code, § Q-1-504)
(Ord. 912, passed - -) Penalty, see § 159.999
§ 159.049 ILLEGAL NONCONFORMING BUILDINGS, STRUCTURES, LOTS OR USES.
(A) Illegal nonconforming buildings, structures, lots or uses existing at the time of the adoption of this chapter may continue; however, any illegal nonconforming buildings, structures, lots or uses against which there is any pending or completed action seeking to bring the buildings, structures, lots or uses into conformance with current zoning shall not be permitted to continue.
(B) (1) Any illegal nonconforming building, structure, lot, use or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence will exceed 50% of the value, as determined by a certified appraiser, shall not be restored, except as required by law, unless said illegal nonconforming building, structure, lot or use shall conform to all regulations of the district in which it is located.
(2) In the event that such damage or destruction is less than 50% of the building or structure’s value, as determined by a certified appraiser, no repairs or reconstruction shall be made unless such restoration is started within six months from the date of the partial destruction and is diligently prosecuted to completion.
(Prior Code, § Q-1-600) (Ord. 912, passed - -) Penalty, see § 159.999
§ 159.050 CONVERSION TO A SPECIAL USE; SPECIAL USE PERMIT.
Any nonconforming building, structure or use may be converted to a permitted “special use” by the granting of a special use permit. This conversion may be permitted only when it is shown that the nonconforming building, structure or use is providing a particular need or service to the residents of the city and that the use is not unreasonably detrimental to the city as a whole or to adjacent properties.
(Prior Code, § Q-1-601) (Ord. 912, passed - -)