Lander City Zoning Code

4-11-1 General Requirements

Non-Conforming Uses And Structures

Intent – Within the zoning districts established by this title and amendments that may later be adopted, there exists land and uses of land which were lawful before this title was passed or amended, but which would be affected by the terms of this title of future amendments. Therefore, it is the intent of this title to permit these nonconforming uses to continue. It is further the intent of this title that these nonconforming uses shall not be used as grounds for allowing other uses prohibited elsewhere in the district.
Any existing structure devoted to a use not permitted by this ordinance in the zone in which it is located shall not be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the zone in which it is located.
Any nonconforming use may be extended throughout any parts of a structure which were manifestly arranged or designed for such use at the time of adoption, as defined in section 4-2-2 .A, or amendment of the ordinance, but no such use shall be extended to occupy any land outside such structure.
If no structure alterations are made, any nonconforming use of the structure, or structures and premises, may be changed to another nonconforming use provided that the Board of Adjustment with jurisdiction on the property 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 with jurisdiction on the property may require appropriate conditions and safeguards in accordance with the provisions of this chapter. Any proposed change from one nonconforming use to another nonconforming use shall be processed and reviewed in accordance with city code section 4-4-1.
1. The nature and purpose of the existing nonconforming use;
2. The difference in quality and character of the proposed use;
3. The difference in the degree of the use of the proposed use, including but not limited to hours of operation and parking requirements;
4. The reasons for the proposed change; and
5. The overall impact of the proposed use on the surrounding property.
Any structure, or structures and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure(s) is located, and the nonconforming use may not be thereafter resumed.
When a nonconforming use of a structure, or structures and premises in combination, is discontinued or abandoned for one (1) year or more, the structure, or structures and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Abandonment shall include, but not be limited to, cessation of the use for one (1) year or more. The owner, occupant or user shall have the burden to show that the structure, lot or use was lawfully established.
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. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50) percent of the replacement cost at the time of destruction.

HISTORY
Adopted by Ord. 1152 on 1/13/2009

1152

Lander City Zoning Code

4-11-1 General Requirements

Non-Conforming Uses And Structures

Intent – Within the zoning districts established by this title and amendments that may later be adopted, there exists land and uses of land which were lawful before this title was passed or amended, but which would be affected by the terms of this title of future amendments. Therefore, it is the intent of this title to permit these nonconforming uses to continue. It is further the intent of this title that these nonconforming uses shall not be used as grounds for allowing other uses prohibited elsewhere in the district.
Any existing structure devoted to a use not permitted by this ordinance in the zone in which it is located shall not be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the zone in which it is located.
Any nonconforming use may be extended throughout any parts of a structure which were manifestly arranged or designed for such use at the time of adoption, as defined in section 4-2-2 .A, or amendment of the ordinance, but no such use shall be extended to occupy any land outside such structure.
If no structure alterations are made, any nonconforming use of the structure, or structures and premises, may be changed to another nonconforming use provided that the Board of Adjustment with jurisdiction on the property 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 with jurisdiction on the property may require appropriate conditions and safeguards in accordance with the provisions of this chapter. Any proposed change from one nonconforming use to another nonconforming use shall be processed and reviewed in accordance with city code section 4-4-1.
1. The nature and purpose of the existing nonconforming use;
2. The difference in quality and character of the proposed use;
3. The difference in the degree of the use of the proposed use, including but not limited to hours of operation and parking requirements;
4. The reasons for the proposed change; and
5. The overall impact of the proposed use on the surrounding property.
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(s) is located, and the nonconforming use may not be thereafter resumed.
When a nonconforming use of a structure, or structures and premises in combination, is discontinued or abandoned for one (1) year or more, the structure, or structures and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Abandonment shall include, but not be limited to, cessation of the use for one (1) year or more. The owner, occupant or user shall have the burden to show that the structure, lot or use was lawfully established.
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. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50) percent of the replacement cost at the time of destruction.

HISTORY
Adopted by Ord. 1152 on 1/13/2009

1152

Lander City Zoning Code

4-11-1 General Requirements

Non-Conforming Uses And Structures

Intent – Within the zoning districts established by this title and amendments that may later be adopted, there exists land and uses of land which were lawful before this title was passed or amended, but which would be affected by the terms of this title of future amendments. Therefore, it is the intent of this title to permit these nonconforming uses to continue. It is further the intent of this title that these nonconforming uses shall not be used as grounds for allowing other uses prohibited elsewhere in the district.
Any existing structure devoted to a use not permitted by this ordinance in the zone in which it is located shall not be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the zone in which it is located.
Any nonconforming use may be extended throughout any parts of a structure which were manifestly arranged or designed for such use at the time of adoption, as defined in section 4-2-2 .A, or amendment of the ordinance, but no such use shall be extended to occupy any land outside such structure.
If no structure alterations are made, any nonconforming use of the structure, or structures and premises, may be changed to another nonconforming use provided that the Board of Adjustment with jurisdiction on the property 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 with jurisdiction on the property may require appropriate conditions and safeguards in accordance with the provisions of this chapter. Any proposed change from one nonconforming use to another nonconforming use shall be processed and reviewed in accordance with city code section 4-4-1.
1. The nature and purpose of the existing nonconforming use;
2. The difference in quality and character of the proposed use;
3. The difference in the degree of the use of the proposed use, including but not limited to hours of operation and parking requirements;
4. The reasons for the proposed change; and
5. The overall impact of the proposed use on the surrounding property.
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(s) is located, and the nonconforming use may not be thereafter resumed.
When a nonconforming use of a structure, or structures and premises in combination, is discontinued or abandoned for one (1) year or more, the structure, or structures and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Abandonment shall include, but not be limited to, cessation of the use for one (1) year or more. The owner, occupant or user shall have the burden to show that the structure, lot or use was lawfully established.
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. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50) percent of the replacement cost at the time of destruction.

HISTORY
Adopted by Ord. 1152 on 1/13/2009