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Rapid City City Zoning Code

17.52 Nonconforming

Buildings and Uses

17.52.010 Continuance and maintenance generally.

A legal nonconforming building or structure existing at the time of the adoption of this title may be continued and maintained except as otherwise provided in this chapter.

(Prior code Appendix A Art. VI (part))

17.52.020 Alteration or enlargement of buildings and structures.

A legal nonconforming building or structure shall not be added to or enlarged in any manner unless the building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is located; provided, that from and after the time of enlargement or addition the off-street parking requirements of the district in which the building or street is located are met and further encroach into any required setback beyond the building line established by the existing building or structure. However, if a building or structure is legally conforming as to use, but legally nonconforming as to yards or height or off-street parking space, the building or structure may be enlarged or added to; provided that, the enlargement or addition complies with the off-street parking requirements of the district in which the building or structure is located. No legally nonconforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of the building or structure is made to conform to all of the regulations of the district in which it is located. Nothing in this section shall prohibit the expansion of the legal nonconforming use if the property is for a single-family dwelling and any expanded use complies with yard, height, lot coverage and use requirements for LDR zoning.

(Prior code Appendix A, Art. VI (A))

17.52.030 Continuation and change of use.

The legal nonconforming use of a legal nonconforming building or structure may be continued, except in all residential districts, and a legal nonconforming building or structure which was arranged and designed, and which is used for a use permitted only in a commercial or industrial district, shall be removed or it shall be altered and converted to a legal conforming building or structure designed and used for a use permitted in the district in which it is located, within 1 year after the termination of the respective periods of time set out hereinafter. Such periods shall be computed from the effective date of the ordinance codified herein. The following are established as the reasonable periods for amortization of the normal, useful life of each class of building and type of construction above the foundations, the types of construction being defined and specified in the current building codes adopted by the City of Rapid City:

A. Type I fire resistive construction, 30 years;

B. Type II heavy timber construction, 25 years;

C. Type III ordinary masonry construction, 20 years;

D. Type IV metal frame construction, 12 years;

E. Type V wood frame construction, 7 years.

(Ord. 4094, 2004; prior code Appendix A, Art. VI (B))

17.52.040 Nonconforming building vacancy.

A legal nonconforming building, structure or portion thereof, which is or hereafter becomes vacant and remains unoccupied for a continuous period of 1 year shall not thereafter be occupied except by the uses which conform to the use regulations of the district in which it is located.

(Prior code Appendix A ArtVI (C))

17.52.050 Change in use.

A. A legal nonconforming use of a legally conforming building or structure (example: commercial use in a dwelling) shall not be expanded or extended into any portion of the legally conforming building or structure nor changed except to a legally conforming use. If the legal nonconforming use of a portion thereof is discontinued or changed to a legal conforming use, any future use of the building, structure, or portion thereof, shall be in conformity with the regulations of the district in which the building or structure is located. A vacant or partially vacant legal nonconforming building or structure may be occupied by a use for which the building or structure was designed or intended if occupied within a period of 1 year after the effect of this title.

B. The use of a legal nonconforming building or structure may be changed to a use of the same or a more restricted district classification. However, where the use of a legal nonconforming building or structure is changed to a use of a more restricted district classification it thereafter shall not be changed to a use of a less restricted district classification.

(Prior code Appendix A, Art. VI (D))

17.52.060 Legal nonconforming uses of land.

A. A legal nonconforming use of land, where the aggregate value of all permanent buildings or structures is less than $1,000 existing at the time of adoption of this title, may be continued for a period of not more than 3 years therefrom, provided:

1. The legal nonconforming use may not be extended or expanded.

2. If the legal nonconforming use or any portion thereof is discontinued for a period of 1 year or changed, any future use of the land shall be in conformity with the provisions of the district in which the land is located.

B. The following regulations shall apply to any automobile wrecking, junk or salvage yard, building material, storage yard, contractors’ yard, or any similar more or less temporary use of land when located as a legal nonconforming use in any residential district.

1. Any such use is declared to be a public nuisance in any residential district established by this title and shall be removed or changed into a legal conforming use within a period of 1 year after the date of passage of the ordinance codified herein.

2. Whenever any district shall have been changed to a residential district from any other district, the date of abatement, removal or change of the legal nonconforming use shall be within a period of 1 year. After the 1-year period expires, any prior legal nonconforming use shall be deemed an illegal nonconforming use.

C. Any legal nonconforming automobile wrecking, junk or salvage yard in any nonresidential district shall, after the adoption of this title be brought into full legal conformity within 1 year.

(Prior code Appendix A, Art. VI (F))

17.52.065 Existing small lots.

Where an individual lot is held in separate ownership and complies with all applicable zoning and subdivision requirements, except for the minimum lot size requirement of the zoning district in which it is located, such lot may be developed for any permitted uses or conditional uses specified in that zoning district except for duplex or multi-family development.

(Ord. 3407, 1998)

17.52.070 Damage.

A. A building which by reason of the passage of the ordinance codified herein has become legally nonconforming, which has been damaged by fire, explosion, act of God or the public enemy to the extent of more than 50% of its value at the time of damage shall not be restored except in legal conformity with the regulations of the district in which it is located.

B. When damaged by less than 50% of its value, a legal nonconforming building may be repaired or reconstructed, and used as before the time of damage, provided the repairs or reconstruction are completed within 1 year of the date of the damage.

(Prior code Appendix A, Art. VI (G))

17.52.080 Pending applications for building permits.

Nothing herein contained shall require any change in the overall layout, plans, construction, site or designated use of any development, building, structure or part thereof, for which official approvals and required building permits have been granted before the enactment of this title. If the construction, conforming with such plans shall have been started prior to the effective date of the ordinance codified herein and completion thereof carried on in a normal manner within the subsequent 1-year completion except for reasons out of the builders control.

(Prior code Appendix A, Art. VI (H))