HomeMy WebLinkAboutArticle 7_38.790.020 Non-conforming Situtations ARTICLE 7-PERMITS,LEGISLATIVE ACTIONS AND PROCEDURES
DIVISION 38.790. - NONCONFORMING
SITUATIONS
Sec. 38.790.010. - Nonconforming uses.
A. Any use lawfully existing upon the effective date of the ordinance from which this chapter or any
predecessor title or code is derived may be continued at the size and in the manner of operation
existing upon such date except as specified in this division, or in the case of signage as specified in
38.550.
B. Except as otherwise specified in this division, the right to operate and maintain a nonconforming use
must terminate when the structure or structures housing such use are destroyed by any means to an
extent of more than 50 % of its replacement cost at the time of destruction. However, in the event
of damage by natural disaster to the extent described herein, a nonconforming use or uses may be
reestablished through a special use permit procedure as set forth in 38.740. Such restoration must
comply to the maximum extent reasonably feasible with the requirements of this chapter.
C. When any lawful nonconforming use of any structure or land in any district has been changed to a
conforming use, it must not thereafter be changed to any nonconforming use.
D. Whenever a lawful nonconforming use of a building, structure or land is discontinued for a period of
90 days, any future use of the building, structure or land must be in conformity with the provisions of
this chapter.
E. Normal maintenance of a building or other structure containing or related to a lawful nonconforming
use is permitted, including necessary structural repairs, provided such structural repairs do not
enlarge, intensify or otherwise redefine the nonconforming use.
Sec. 38.790.020. - Changes to or expansions of nonconforming uses.
A. Lawful nonconforming non-residential use.
1. A lawful nonconforming non-residential use must not be changed except in conformance with
the use requirements of the zone in which it is located. In addition, the review authority must
consider whether the expansion is reasonable, natural and incidental to the growth and use of an
existing business.
2. Proposals to expand nonconforming uses must not be approved if the expansion would
encompass new land or property which was not in use at the time of the enactment of zoning or
a change in zoning.
3. A lawful nonconforming non-residential use may be changed to another nonconforming use,
provided that the proposed use is not of greater intensity than the original use, as determined
by the criteria in subsection A.2 below, and that a special use permit is obtained from the review
authority. A lawful nonconforming non-residential use may be expanded only through the
granting of a special use permit by the review authority. In considering the appropriateness of the
special use permit application, the review authority must weigh the criteria set forth in 38.740.100.
7-134 UNIFIED DEVELOPMENT CODE I BOZEMAN,MONTANA PUBLIC HEARING DRAFT I NOVEMBER 24,2025
ARTICLE 7- PERMITS,LEGISLATIVE ACTIONS AND PROCEDURES
4. To approve a special use permit to change or expand a nonconforming non-residential use, the
review authority must determine that the proposed nonconforming use is more appropriate to
the district than the existing nonconforming use, and that no unsafe or unhealthy conditions
are perpetuated. In making such a determination, the review authority must weigh the following
criteria in addition to the criteria applicable to all special use permits:
a. Traffic impacts, both on-site and off-site;
b. Off-street parking and loading requirements;
c. The visual impact on the surrounding area;
d. The degree of compliance with the adopted land use plan and this chapter;
e. The level of conflict with other uses in the surrounding area;
f. The presence of other nonconformities in the surrounding area;
g. The degree to which any existing unsafe or hazardous conditions would be mitigated;
h. The viability of the non-conforming structure; and
i. On-site and off-site impacts from noise, dust, smoke, surface or groundwater contamination,
or other environmental impacts.
B. Lawful nonconforming residential use.
1. ,
in an effort to achieve greater conformance with the underlying zoning designation, through
to Onerease the number of dwelling tinits.
2. The maintenance and reconstruction of existing nonconforming residential dwelling units is
allowed in commercial and industrial zones, in compliance with applicable fire and building
codes, including expansion of up to 20 % of the existing total residential area, without the need
of a special use permit, as long as the number of dwelling units on the lot is not increased. In
instances where new construction is allowed, all appropriate approvals such as a certificate of
appropriateness or building permit must be obtained prior to the initiation of construction.
3. Lawful non-conforming dwelling units in residential or mixed-use zoning districts may be
continued, revised, reconstructed, or replaced to maintain the same number of dwellings and
configuration on the lot consistent with all standards except for the number of dwellings per
building to maintain needed housing in the community and conform with standards to maintain
number of dwellings.
Sec. 38.790.030. - Nonconforming area and bulk requirements for
existing lots.
A. At the time of the enactment of the ordinance from which this chapter is derived if any owner of a
plot of land consisting of one or more adjacent lots, as defined in 38.800.130, in a subdivision of
record does not have sufficient lot width to conform to the minimum lot width requirements, such
plot of land may nevertheless be used as a building site. The lot dimension requirements of the
PUBLIC HEARING DRAFT I NOVEMBER 24,2025 UNIFIED DEVELOPMENT CODE I BOZEMAN, MONTANA 7-135