Red Lodge City Zoning Code
ARTICLE 12
4.7 Nonconformities
§ 12.4.7.10 Purpose and Intent.
Within the City of Red Lodge there exist land uses, structures and lots that were lawfully established before this Zoning Ordinance was adopted or amended that now do not conform to the terms and requirements of this Zoning Ordinance. It is the intent of this Zoning Ordinance to preserve the historic character of Red Lodge. The continuation of nonconforming uses and structures and the limited development of nonconforming lots are intended to prevent economic hardship and to allow the useful economic value of the structure to be realized. The purpose of this article is to establish standards to regulate the continued existence of these uses, structures, and lots that do not otherwise conform to the provisions of this Zoning Ordinance.
(Ord. 957, 5-10-2022)
§ 12.4.7.20 Nonconforming Uses.
Nonconforming uses may be incompatible with surrounding uses and development. Therefore, a nonconforming use may only be continued in accordance with the provisions in this section.
4.7.21
Normal Maintenance or Repair
Normal maintenance or repair necessary to maintain a sound and safe structure may be performed on structures containing nonconforming uses.
4.7.22
Enlargement or Expansion
A nonconforming use may not be enlarged or expanded in area, space or volume except as provided in subsection A, below.
A.
ADA
Notwithstanding the prohibition stated above, expansions such as covered wheelchair ramps, lifts, and handicap accessible rest rooms, which are needed to meet requirements of the Americans with Disabilities Act (ADA), shall be allowed to buildings containing nonconforming uses.
4.7.23
Change in Use
A nonconforming use shall not be changed to another nonconforming use. Whenever a nonconforming use has been changed to a conforming use, the use of the property shall not revert back to a nonconforming use.
4.7.24
Discontinuance or Abandonment
If a nonconforming use is operationally discontinued or abandoned for a period of more than 12 consecutive months regardless of the removal or non-removal of furniture/equipment or any intention to resume such activity in the future, such use may not be reestablished or resumed. Any subsequent use of the site shall conform to this Zoning Ordinance.
4.7.25
Repairs of Partially Destroyed Structures
A.
More than Fifty percent
If 50% or more of the floor area of a structure containing a nonconforming use is damaged by fire or other action not the willful act of the owner, the structure shall not be restored or reconstructed to a nonconforming use; except as otherwise in conformance with Section 12.4.7.50 herein.
B.
Less than Fifty percent
If less than 50% of the floor area of a structure containing a nonconforming use is damaged by fire or other action not the willful act of the owner, the structure may be restored or reconstructed provided:
1.
Not Larger
The reconstructed building shall not exceed the height, area or volume of the structure prior to the damage; and
2.
One Year
Reconstruction shall commence within one year of the date of the damage and proceed diligently until completion.
(Ord. 957, 5-10-2022)
§ 12.4.7.30 Nonconforming Structures.
Nonconforming structures may be incompatible with surrounding uses and development. Therefore, a nonconforming structure may only be continued in accordance with the provisions in this section.
4.7.31
Normal Maintenance and Repair
Normal maintenance or repair may be performed without additional administrative review on a nonconforming structure provided that the maintenance or repair does not increase any nonconformity.
4.7.32
Enlargement, Expansion or Reconstruction
A.
Alteration
Any demolition, enlargement, expansion or reconstruction to a legally nonconforming structure is subject to Administrative Review by the Community Development Department as set forth in Section 12.4.7.50 to build outside of the required setbacks.
B.
Mobile/Manufactured Home
Notwithstanding the prohibition stated above, a mobile home that is a nonconforming use may be replaced with a larger manufactured home, if the enlargement meets all of the setback standards of the zoning district in which the manufactured home is to be located and it complies with Section 12.4.4.22(D).
C.
Garages
Nonconforming garages may be expanded into legal setbacks. Nonconforming garages seeking to expand outside of the legal setbacks are subject to Administrative Review by the Community Development Department as set forth in Section 12.4.7.50 to build outside of the required setbacks.
4.7.33
Relocation
A nonconforming structure shall not be moved, in whole or in part, to another location on or off the parcel of land on which it is located, unless the structure in its new location will conform to the standards of the zoning district in which it is located.
4.7.34
Unsafe Because of Maintenance
If a nonconforming structure, or portion thereof, becomes physically unsafe or unlawful due to the lack of repairs or maintenance, and is declared by the Building Official to be an unsafe structure, it shall be removed or rebuilt or repaired in conformance with the standards of this Zoning Ordinance and the currently adopted Building and Fire Codes.
4.7.35
Repairs of Partially Destroyed Structures
A.
Primary Structure
If 50% or more of the floor area of a structure containing a primary nonconforming structure is damaged by fire or other action not the willful act of the owner, the structure can be rebuilt within the legal setback or prevailing setback. If the structure was located on a nonconforming lot of record, the applicant may apply for an Administrative Review Permit through the Community Development Department as set forth in Section 12.4.7.50 to build outside of the required setbacks.
B.
Garages
Nonconforming garages may be expanded into legal setbacks. Nonconforming garages seeking to expand outside of the legal setbacks are subject to Administrative Review by the Community Development Department as set forth in Section 12.4.7.50 to build outside of the required setbacks.
(Ord. 957, 5-10-2022)
§ 12.4.7.40 Nonconforming Lot of Record.
4.7.41
Consolidation
The consolidation of adjacent nonconforming lots is required when such lots are owned by the same individual(s) or by entities controlled by the same individual(s).
4.7.42
Boundary Line Adjustment
Boundary line relocation of a nonconforming lot that is not subject to consolidation is permitted where the relocation would create a conforming lot or fully merge the nonconforming lot with an adjacent parcel. As provided by MCA 76-3-207, such boundary line relocations are exempt from the standards of this Zoning Ordinance.
4.7.43
Development of Lot
A nonconforming lot of record may be developed pursuant to standards of Section 12.4.7.50.
4.7.44
Additions and Expansions on Nonconforming Lots
Any addition or expansion to a legally nonconforming structure is subject to Administrative Review by the Community Development Department, as set forth in Section 12.4.7.50.
(Ord. 957, 5-10-2022)
§ 12.4.7.50 Administrative Review of Nonconforming Structures, Lots, and Uses.
It is the intent of this section to allow for improvements and the potential redevelopment of nonconforming structures and uses beyond normal maintenance and repair if potential negative impacts can be sufficiently mitigated. Rooflines and building location shall be designed in a manner that protects and minimizes negative impacts to view-sheds and sunlight availability of adjacent homes/businesses on neighboring properties to the maximum extent practicable.
Whenever practicable, basement additions shall be used as the primary method of building expansion on nonconforming lots to minimize impacts on neighboring properties.
The following standards shall be met:
A.
A pre-application meeting with Planning Staff prior to submittal of a formal project application.
B.
A site plan and elevation plan showing all existing and proposed structures, property lines, setbacks, height of all structures, rooflines, parking, lighting and landscaping.
C.
Prior to an Administrative Approval by the Zoning Administrator, letters of No-Objection signed by the owner(s) of all adjoining property shall be provided.
D.
In the event the Zoning Administrator does not receive letters of No-Objection from all adjoining property owners, an Administrative Approval shall not be granted.
E.
When an Administrative Approval is not granted, the applicant may submit the application to the Red Lodge Planning Board and Zoning Commission for a Conditional Use and Design Review Approval; and such application shall be heard at Public Hearing. The Planning Board has authority for final action.
(Ord. 957, 5-10-2022)