Lewistown City Zoning Code
ARTICLE X
Nonconformities
§ 240-58 Continuance of nonconforming uses and nonconforming structures.
A.
Lawful nonconforming uses. The lawful use of any building, structure or land existing on September 13, 1954 (the effective date of this chapter), or on the effective date of any amendment to this chapter or any amendment to the Zoning Map, may be continued as a lawful nonconforming use although such use does not conform or comply with the regulations on use prescribed for the zoning district in which the use is located. However, no nonconforming accessory use shall become the basis for a nonconforming principal use.
B.
Lawful nonconforming buildings or structures. The lawful existence of any building or structure existing on September 13, 1954 (the effective date of this chapter), or on the effective date of any amendment to this chapter or any amendment to the Zoning Map, may be continued as a lawful nonconforming building or structure although such building or structure does not conform or comply with the regulations for lot area, lot width, height limit, building area, yards, off-street parking spaces, open space or the like prescribed for the building or structure (or the lot on which the building or structure is located) in the zoning district in which the building or structure is located. However, no nonconforming accessory building or structure shall become the basis for a nonconforming principal building or structure.
§ 240-59 Expansion of nonconforming use.
A.
Expansion within same building or structure or over same land. A lawful nonconforming use may be expanded within the building or structure in which the use is located or over the land on which the use is located, provided the following conditions are met:
(1)
The building or structure within which the use is to be expanded, or the land over which the use is to be expanded, is the same as it was on September 13, 1954 or on the effective date of that amendment to this chapter or to the Zoning Map which resulted in making the use nonconforming.
(2)
The expansion is required in order to preserve the nonconforming use as a viable entity or to accommodate the natural growth and development of the nonconforming use.
(3)
The expansion will not exceed 50% of the original nonconforming use.
(4)
The expansion will conform with the height limits and the front, side and rear yard requirements and other open space requirements established for the zoning district in which the building, structure or land is located.
(5)
The expansion is authorized as a special exception by the Zoning Hearing Board under such appropriate safeguards and conditions as it deems necessary. In determining whether a special exception is to be granted or denied, the Zoning Hearing Board shall only consider whether the conditions set forth in Subsection A(1) to (4) above will be met and whether the expansion will cause substantial harm to the public health, safety, morals or welfare.
B.
Expansion over new land. A lawful nonconforming use may not be expanded over land not previously devoted to the use unless the following conditions are met:
(1)
The land on which the nonconforming use is located is the same land as was occupied by the use or devoted to the use on September 13, 1954, or on the effective date of that amendment to this chapter or to the Zoning Map which resulted in making the use nonconforming.
(2)
The land over which the use is to be expanded abuts or is adjacent to the land on which the nonconforming use is located.
(3)
The land over which the use is to be expanded will be devoted to the same lawful nonconforming use as exists on the land on which the nonconforming use is located.
(4)
The expansion of the use is required in order to preserve the nonconforming use as a viable entity or to accommodate the natural growth and development of the nonconforming use, but expansion over the same land on which the use is located is not possible by reason of such unique physical circumstances or conditions as would warrant the granting of a variance by the Zoning Hearing Board.
(5)
The expansion will not exceed 50% of the original nonconforming use.
(6)
The expansion will conform with the height limits and the front, side and rear yard requirements and other open space requirements established for the zoning district in which the land over which the use is to be expanded is located.
(7)
The expansion is authorized as a special exception by the Zoning Hearing Board under such appropriate safeguards and conditions as it deems necessary. In determining whether a special exception is to be granted or denied, the Zoning Hearing Board shall only consider whether the conditions set forth in Subsection B(1) to (6) above will be met and whether the expansion will cause substantial harm to the public health, safety, morals or welfare.
C.
Displacement. No nonconforming use shall be expanded so as to displace a conforming use.
§ 240-60 Termination of a nonconforming use.
[Amended 3-24-1986 by Ord. No. 86-2]
A.
A lawful nonconforming use which is abandoned shall be deemed to have terminated absolutely, and any subsequent use shall conform to the regulations on uses prescribed for the zoning district in which the property is located. A nonconforming use shall be deemed abandoned under the following circumstances:
§ 240-61 Reconstruction or alteration of nonconforming uses or nonconforming structures.
[Amended 3-24-1986 by Ord. No. 86-2]
A.
Reconstruction of a damaged or destroyed nonconforming building or structure; resumption of a nonconforming use. If a building or structure which houses a lawful nonconforming use, or if a building or structure which is itself a lawful nonconforming structure, is so damaged or destroyed by casualty that the cost of reconstructing or restoring the building or structure or the cost of restoring or resuming the use equals or exceeds 50% of the fair market value of the building or structure before the casualty (exclusive of foundations), the building or structure shall not be reconstructed or restored unless it is made to conform with the regulations for use and the regulations for lot area, lot width, height limit, building area, yards and open spaces prescribed for the zoning district in which it is located. The nonconforming use housed by the damaged or destroyed building or structure shall not be resumed (even if the building or structure is reconstructed or restored) but shall be deemed to have terminated.
B.
Alteration of a building or structure which houses a nonconforming use. A building or structure which houses a lawful nonconforming use may be altered, modernized or restored and continued to be used for the nonconforming use, provided that:
(1)
The building or structure is one which was damaged or destroyed by casualty, but the cost of restoring the building or structure or the cost of restoring or resuming the use is less than 50% of the fair market value of the building or structure before the casualty (exclusive of foundations); the work of restoration is commenced within 12 calendar months from the date of the casualty and is carried to completion without undue delay; the work of restoration conforms to the regulations for height limit, yards and open spaces prescribed for the zoning district in which the building or structure is located; the building area will not exceed the building area which existed before the casualty; and the nonconforming use will not be expanded; or
(2)
The building or structure is not one which was damaged by casualty but is one which is deteriorated, depreciated or exhausted by wear and tear and the cost of the alterations, the modernization or the restoration is less than 50% of the fair market value of the building or structure (exclusive of foundations); all work conforms with the regulations for height limits, yards and open spaces prescribed for the zoning district in which the building or structure is located; the building area will not exceed the building area which existed before the work is undertaken; and the nonconforming use will not be expanded.
C.
Alteration as expansion of a nonconforming use. If the alteration or restoration of a building or structure which houses a lawful nonconforming use is permitted under the conditions of Subsection B(1) or (2), no expansion of the nonconforming use shall be permitted within or outside the building or structure unless the conditions set forth in § 240-59A(1) through (4) are met and the expansion is authorized as a special exception by the Zoning Hearing Board under such appropriate safeguards and conditions as it deems necessary. In determining whether a special exception is to be granted or denied, the Zoning Hearing Board shall only consider whether the conditions of Subsection B(1) or (2) will be met; whether the conditions set forth in § 240-59A(1) through (4) will be met; and whether the expansion will cause substantial harm to the public health, safety, morals or welfare.
D.
Alteration of a nonconforming building or structure which does not house a nonconforming use. Except as prohibited by Subsection A of this section, a building or structure which is itself a lawful nonconforming structure (but which does not house a nonconforming use) may be altered, modernized or restored. However, work on that part of the building or structure which is nonconforming shall conform to the regulations for height limit, yards and open spaces prescribed for the zoning district in which the building or structure is located, and the maximum building area permitted shall be the building area which existed before the work is undertaken or the building area which is prescribed for the zoning district, whichever building area is the greater.
§ 240-62 Change or addition to nonconforming use.
No lawful nonconforming use shall be changed to another nonconforming use, and no nonconforming use shall be added to a lawful nonconforming use.
§ 240-63 Identification and registration of nonconforming uses and nonconforming structures.
A.
On or before November 1, 1973, and thereafter within 12 calendar months of the effective date of any amendment to this chapter or to the Zoning Map, the Zoning Officer (and commencing September 3, 1985 and thereafter, the Building Codes, Property Codes and Zoning Code Department) shall identify and register in the book to be kept for that purpose all nonconforming uses and nonconforming structures and shall issue:
(1)
A certificate of nonconforming use to the owner of a nonconforming use, which certificate shall identify the nonconforming use and shall contain a statement to the effect that no expansion of the use and no reconstruction or alteration of the building or structure which houses the use are permitted except as provided by this Article X.
(2)
A certificate of nonconforming structure to the owner of a nonconforming structure, which certificate shall state the reasons why the structure is nonconforming and shall contain a statement to the effect that no reconstruction or alteration of that part of the structure which is nonconforming shall be undertaken unless the work complies with the provisions of this Article X.
B.
The fact that a nonconforming use or a nonconforming structure is not identified or registered, or the fact that no certificate is issued, shall not be construed so as to permit a change, addition, expansion, reconstruction or alteration prohibited by this Article X, and the duties of the Zoning Officer (and the Building Codes, Property Codes and Zoning Code Department) in identifying and registering nonconforming uses or nonconforming structures shall be deemed only ministerial in nature.