Montpelier City Zoning Code
NONCONFORMING USES
§ 153.105 INTENT.
(A) It is the intent of this subchapter to permit nonconforming uses to continue until they are removed, but not to encourage their survival.
(B) It is further the intent of this subchapter that nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as ground for adding other structures or uses prohibited elsewhere in the same district.
(Prior Code, § 17.52.010)
§ 153.106 INCOMPATIBILITY OF NONCONFORMING USES.
(A) Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts in which such uses are located.
(B) A nonconforming use shall not be extended or enlarged after passage of the ordinance codified in this subchapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located.
(Prior Code, § 17.52.020)
§ 153.107 AVOIDANCE OF UNDUE HARDSHIP.
To avoid undue hardship, nothing in this subchapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption of the ordinance codified in this subchapter or amendment of this subchapter and upon which actual building construction has been carried on diligently.
(Prior Code, § 17.52.030)
§ 153.108 SINGLE NONCONFORMING LOTS OF RECORD.
(A) (1) In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption of the ordinance codified in this subchapter or amendment of this subchapter, notwithstanding the limitations imposed by other provisions of this chapter.
(2) Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
(B) 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 yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.
(Prior Code, § 17.52.040)
§ 153.109 NONCONFORMING LOTS OF RECORD IN COMBINATION.
If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage of the ordinance codified in this subchapter, or amendment of this subchapter, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area:
(A) The lands involved shall be considered to be an undivided parcel for the purposes of this subchapter; and
(B) No portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this chapter.
(Prior Code, § 17.52.050)
§ 153.110 NONCONFORMING USES OF STRUCTURES OR STRUCTURES AND LAND IN COMBINATION.
If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption of the ordinance codified in this subchapter, or amendment of this subchapter, 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) 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) No nonconforming use shall be extended to occupy any additional land area.
(C) (1) If no structural alterations are made, any nonconforming use of a structure, or structure and land, may, upon the issuance of a special use permit by the Commission, be changed to another nonconforming use.
(2) (a) Provided, that the Commission shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.
(b) In permitting such change, the Commission may require appropriate conditions and safeguards in accord with other provisions of this chapter.
(D) Any structure, or structure 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, and the nonconforming use may not thereafter be resumed.
(E) When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than two years (except when government action impedes access to the premises), the structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(F) Where nonconforming use status applies to a structure and land in combination, the removal or destruction of the structure shall eliminate the nonconforming status of the land.
(G) When a nonconforming use structure is destroyed by natural disaster or element out of the owner’s control (i.e., fire, flooding, earthquake and the like), it may be reconstructed in the same location and with the same dimensions after obtaining the necessary permits.
(Prior Code, § 17.52.060)
§ 153.111 REPAIRS AND MAINTENANCE.
(A) On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs or on repair or replacement of:
(1) Walls;
(2) Fixtures;
(3) Wiring or plumbing; provided, that the cubic content existing when it became nonconforming shall not be increased.
(B) Nothing in this section 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 the order of such official.
(Prior Code, § 17.52.070)
§ 153.112 USES UNDER CONDITIONAL USE PROVISIONS.
Any use which is permitted as a conditional use in a district under the terms of this chapter shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming use.
(Prior Code, § 17.52.080)