Gillette City Zoning Code

SECTION 8

NONCONFORMING USES AND STRUCTURES

a. Nonconforming Use

Definition. A nonconforming use shall be any legal use which, on the effective date of this ordinance or as a result of subsequent amendments thereto, does not conform to the permitted uses established for the district in which the nonconforming use is located.

Exemptions.⁶⁰ When a mobile/manufactured home becomes a legal, nonconforming use upon adoption of this ordinance, the legal, nonconforming use status shall be held valid, provided:

when a mobile/manufactured home is removed from a parcel and is replaced within twelve (12) consecutive months with a similar or less nonconforming unit; a nonconforming, replacement mobile/manufactured home may be larger than the mobile/manufactured home it replaces, if setbacks, open space and other requirements of the zoning district can be met;^26,60 and
when a mobile/manufactured home is damaged or destroyed in any manner whatsoever and the estimated costs of repairing the damage exceeds sixty percent (60%) of the replacement costs of the unit, it is replaced within twelve (12) consecutive months with a similar or less nonconforming unit.⁶⁰

Regulations.

A nonconforming use may be continued on the same land area and within the same floor area as that which existed on the date when the use first became nonconforming.
A permitted use shall not be considered nonconforming for failure to comply with off street parking requirements, off street location requirements or sign regulations.
A nonconforming use may be changed within its existing structure or on its existing land area to a conforming use or to any use which is a permitted use in a more restrictive district than the district in which the nonconforming use is located.
The area occupied by a nonconforming use within an existing structure or on a tract of land may not be enlarged or extended.
All off street parking and loading space operated by or associated with a nonconforming use on the date it becomes nonconforming shall be maintained in accordance with all of the specifications of Sections 9.a. and 9.b. of this ordinance for maintenance of off street parking and loading. If, on the date the use becomes nonconforming, it has off street parking area in excess of that required by this ordinance for that permitted use, then the off street parking area may be reduced to no less than the required amount of off street parking required by this ordinance for that permitted use, no action shall be taken which will further reduce the area devoted to off street parking.
If active and continuous operation of a nonconforming use is discontinued for a period of twelve (12) consecutive months, the structure or tract of land shall thereafter be used only for a conforming use. A stated intent to resume operations shall not affect this provision.
A nonconforming use shall terminate if the structure in which it is operated is damaged or destroyed in any manner whatsoever, and the estimated cost of repairing the damage exceeds sixty percent (60%) of the replacement cost of the structure on the date of the damage.
The amount of the damage shall be fixed by the City, based on the records of the County Assessor. In the event the value or cost assigned by the City is not agreed to by the owner of the structure, the value shall be set by three (3) independent appraisers; one (1) selected by the City Council, another by the owner of the structure, and the third (3rd) by the two (2) appraisers already selected. The decision of a majority of the appraisers shall be binding upon all parties. The cost of the appraisal process shall be borne by the property owner.

Effective on: 1/1/1901

b. Nonconforming Structure

Definition. A nonconforming structure shall be any structure which, on the effective date of this ordinance or as the result of subsequent amendments thereto, does not comply with the provisions of this ordinance for the district in which the nonconforming structure is located.

Regulations.

A nonconforming structure may be altered, repaired or enlarged, provided its degree of nonconformity is not increased.
A nonconforming structure, found to be unsafe, may be restored to a safe condition.
The right to operate and maintain a nonconforming structure shall terminate if the structure is damaged or destroyed in any manner, and the cost of repairing the damage exceeds sixty percent (60%) of the replacement cost of the structure on the date of the damage. The replacement cost shall be determined as described in Section 8.a.(3)(h).

Effective on: 1/1/1901

Gillette City Zoning Code

SECTION 8

NONCONFORMING USES AND STRUCTURES

a. Nonconforming Use

Exemptions.⁶⁰ When a mobile/manufactured home becomes a legal, nonconforming use upon adoption of this ordinance, the legal, nonconforming use status shall be held valid, provided:

when a mobile/manufactured home is removed from a parcel and is replaced within twelve (12) consecutive months with a similar or less nonconforming unit; a nonconforming, replacement mobile/manufactured home may be larger than the mobile/manufactured home it replaces, if setbacks, open space and other requirements of the zoning district can be met;^26,60 and
when a mobile/manufactured home is damaged or destroyed in any manner whatsoever and the estimated costs of repairing the damage exceeds sixty percent (60%) of the replacement costs of the unit, it is replaced within twelve (12) consecutive months with a similar or less nonconforming unit.⁶⁰

Regulations.

A nonconforming use may be continued on the same land area and within the same floor area as that which existed on the date when the use first became nonconforming.
A permitted use shall not be considered nonconforming for failure to comply with off street parking requirements, off street location requirements or sign regulations.
A nonconforming use may be changed within its existing structure or on its existing land area to a conforming use or to any use which is a permitted use in a more restrictive district than the district in which the nonconforming use is located.
The area occupied by a nonconforming use within an existing structure or on a tract of land may not be enlarged or extended.
All off street parking and loading space operated by or associated with a nonconforming use on the date it becomes nonconforming shall be maintained in accordance with all of the specifications of Sections 9.a. and 9.b. of this ordinance for maintenance of off street parking and loading. If, on the date the use becomes nonconforming, it has off street parking area in excess of that required by this ordinance for that permitted use, then the off street parking area may be reduced to no less than the required amount of off street parking required by this ordinance for that permitted use, no action shall be taken which will further reduce the area devoted to off street parking.
If active and continuous operation of a nonconforming use is discontinued for a period of twelve (12) consecutive months, the structure or tract of land shall thereafter be used only for a conforming use. A stated intent to resume operations shall not affect this provision.
A nonconforming use shall terminate if the structure in which it is operated is damaged or destroyed in any manner whatsoever, and the estimated cost of repairing the damage exceeds sixty percent (60%) of the replacement cost of the structure on the date of the damage.
The amount of the damage shall be fixed by the City, based on the records of the County Assessor. In the event the value or cost assigned by the City is not agreed to by the owner of the structure, the value shall be set by three (3) independent appraisers; one (1) selected by the City Council, another by the owner of the structure, and the third (3rd) by the two (2) appraisers already selected. The decision of a majority of the appraisers shall be binding upon all parties. The cost of the appraisal process shall be borne by the property owner.

Effective on: 1/1/1901

b. Nonconforming Structure

Regulations.

A nonconforming structure may be altered, repaired or enlarged, provided its degree of nonconformity is not increased.
A nonconforming structure, found to be unsafe, may be restored to a safe condition.
The right to operate and maintain a nonconforming structure shall terminate if the structure is damaged or destroyed in any manner, and the cost of repairing the damage exceeds sixty percent (60%) of the replacement cost of the structure on the date of the damage. The replacement cost shall be determined as described in Section 8.a.(3)(h).

Effective on: 1/1/1901

Gillette City Zoning Code

SECTION 8

NONCONFORMING USES AND STRUCTURES

a. Nonconforming Use

Exemptions.⁶⁰ When a mobile/manufactured home becomes a legal, nonconforming use upon adoption of this ordinance, the legal, nonconforming use status shall be held valid, provided:

when a mobile/manufactured home is removed from a parcel and is replaced within twelve (12) consecutive months with a similar or less nonconforming unit; a nonconforming, replacement mobile/manufactured home may be larger than the mobile/manufactured home it replaces, if setbacks, open space and other requirements of the zoning district can be met;^26,60 and
when a mobile/manufactured home is damaged or destroyed in any manner whatsoever and the estimated costs of repairing the damage exceeds sixty percent (60%) of the replacement costs of the unit, it is replaced within twelve (12) consecutive months with a similar or less nonconforming unit.⁶⁰

Regulations.

A nonconforming use may be continued on the same land area and within the same floor area as that which existed on the date when the use first became nonconforming.
A permitted use shall not be considered nonconforming for failure to comply with off street parking requirements, off street location requirements or sign regulations.
A nonconforming use may be changed within its existing structure or on its existing land area to a conforming use or to any use which is a permitted use in a more restrictive district than the district in which the nonconforming use is located.
The area occupied by a nonconforming use within an existing structure or on a tract of land may not be enlarged or extended.
All off street parking and loading space operated by or associated with a nonconforming use on the date it becomes nonconforming shall be maintained in accordance with all of the specifications of Sections 9.a. and 9.b. of this ordinance for maintenance of off street parking and loading. If, on the date the use becomes nonconforming, it has off street parking area in excess of that required by this ordinance for that permitted use, then the off street parking area may be reduced to no less than the required amount of off street parking required by this ordinance for that permitted use, no action shall be taken which will further reduce the area devoted to off street parking.
If active and continuous operation of a nonconforming use is discontinued for a period of twelve (12) consecutive months, the structure or tract of land shall thereafter be used only for a conforming use. A stated intent to resume operations shall not affect this provision.
A nonconforming use shall terminate if the structure in which it is operated is damaged or destroyed in any manner whatsoever, and the estimated cost of repairing the damage exceeds sixty percent (60%) of the replacement cost of the structure on the date of the damage.
The amount of the damage shall be fixed by the City, based on the records of the County Assessor. In the event the value or cost assigned by the City is not agreed to by the owner of the structure, the value shall be set by three (3) independent appraisers; one (1) selected by the City Council, another by the owner of the structure, and the third (3rd) by the two (2) appraisers already selected. The decision of a majority of the appraisers shall be binding upon all parties. The cost of the appraisal process shall be borne by the property owner.

Effective on: 1/1/1901

b. Nonconforming Structure

Regulations.

A nonconforming structure may be altered, repaired or enlarged, provided its degree of nonconformity is not increased.
A nonconforming structure, found to be unsafe, may be restored to a safe condition.
The right to operate and maintain a nonconforming structure shall terminate if the structure is damaged or destroyed in any manner, and the cost of repairing the damage exceeds sixty percent (60%) of the replacement cost of the structure on the date of the damage. The replacement cost shall be determined as described in Section 8.a.(3)(h).

Effective on: 1/1/1901