Glendive City Zoning Code
NONCONFORMING USES
§ 155.275 INTENT.
The provisions of this subchapter shall apply to buildings, structures, lands and uses which became nonconforming as a result of the application of this chapter to them, or from classification or reclassification of property under this chapter or any subsequent amendments thereto. If a use originally authorized by a variance, conditional use permit or any other valid use permit, prior to the effective date of this chapter, such use shall become a nonconforming use; however, preexisting valid uses requiring a conditional use permit after the effective date of this chapter shall not require a conditional use permit.
(Prior Code, § 11-6-1) (Ord. 09-2002, passed 5-21-2002)
§ 155.276 NONCONFORMING LOTS OF RECORD.
(A) Single lot. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any vacant single lot of record at the effective date of adoption or amendment of this chapter. Such lot must be in separate ownership and not of contiguous 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 district; 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 district 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.
(B) Two or more lots. If two or more vacant lots or combinations of lots and portions of lots with continuous frontage in single ownership or record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot widths and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.
(Prior Code, § 11-6-2) (Ord. 09-2002, passed 5-21-2002)
§ 155.277 NONCONFORMING USES OF LAND.
Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter, as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions.
(A) Enlarged or altered. 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 this chapter.
(B) Moved. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.
(C) Cease of use. 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 chapter for the district in which such land is located.
(Prior Code, § 11-6-3) (Ord. 09-2002, passed 5-21-2002)
§ 155.278 NONCONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment to this chapter that could not be built under the terms of this chapter by reason of restriction on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains lawful, subject to the following provisions.
(A) Enlarged or altered. 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.
(B) Destruction. Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
(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.
(D) Structural alterations. Structural alterations may be permitted if necessary to adapt a nonconforming building to new technologies or equipment pertaining to uses housed in such building. Any enlargement necessary to adapt to new technologies shall be authorized by a variance only.
(Prior Code, § 11-6-4) (Ord. 09-2002, passed 5-21-2002)
§ 155.279 NONCONFORMING USES OF STRUCTURES.
If a lawful use of a structure, or of structures and premises in combination, exists at the effective date of adoption or amendment of this chapter, 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, subject to the following provisions.
(A) Structural alterations. No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(B) Extended. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
(C) Change in use. If no structure 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, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the provisions of this chapter.
(D) Superseded by permitted use. Any structure, or structures and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may be thereafter resumed.
(E) Discontinued; abandoned. When a nonconforming use of a structure, or structures and premises in combination, is discontinued or abandoned for one year, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(F) Removal or destruction of structure. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. For the purpose of this division (F), DESTRUCTION is defined as damage to an extent of more than 50% of the replacement cost at time of destruction.
(Prior Code, § 11-6-5) (Ord. 09-2002, passed 5-21-2002)
§ 155.280 REPAIRS AND MAINTENANCE.
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(Prior Code, § 11-6-6) (Ord. 09-2002, passed 5-21-2002)