Within the districts established by this title or amendments thereto there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before the ordinance codified in this title was adopted or amended, but which would be prohibited, regulated, or restricted under terms of this title or future amendment. It is the intent of this title to permit those nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(Ord. 276 Exh. 1, 2024)
Nonconforming uses are declared by this title to be incompatible with permitted uses in the district involved. However, to avoid undue hardship, nothing in this title 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 or amendment to the ordinance codified in this title and which actual building construction has been carried on diligently. "Actual construction" is defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction; provided, that work shall be carried on diligently. This does not include items not yet submitted regardless if the town is aware of the project or projects still in the review process where they do not comply with the future amendments to this title.
(Ord. 276 Exh. 1, 2024)
In any district, notwithstanding other limitations imposed by this title, structures permitted in the district may be erected on any single lot of record on the effective date of the ordinance codified in this title. Such lot must be in separate ownership and not of continuous frontage with other lots of the same ownership. A lot of record that does not meet lot area or lot width requirements must still meet other requirements of the district.
(Ord. 276 Exh. 1, 2024)
Where at the time of passage of the ordinance codified in this title lawful use of land exists which would not be permitted by the regulations imposed by this title the use may be continued so long as it remains otherwise lawful, provided:
A. 
No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance codified in this title.
B. 
No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of the ordinance codified in this title.
C. 
If any such nonconforming use of land ceases for any reason for a period of more than twelve months, any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located.
D. 
No additional nonconforming structure in connection with the requirements of this title shall be erected in connection with such nonconforming uses of land.
(Ord. 276 Exh. 1, 2024)
Where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this title that could not be built under the terms of this title by reason of restriction on lot area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. 
No such nonconforming structure may be altered or enlarged in any way which increases its nonconformity or height of the structure, but any structure or portion thereof may be altered to retain or decrease its nonconformity.
B. 
Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to the extent of more than fifty percent of its square footage at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title.
C. 
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Ord. 276 Exh. 1, 2024)
If lawful use of a structure, or of structures and premises exist at the effective date of adoption or amendment of the ordinance codified in this title that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful providing that:
A. 
No existing structure devoted to a nonconforming use shall be enlarged, extended, constructed, or structurally altered, unless the use is changed to conform with this title.
B. 
Any nonconforming use may be extended to any other part of a building designed for such use, but no such use may be extended in any way to occupy land outside the building.
C. 
Any structure, or structure and land, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations of the district in which it is located and the nonconforming use may not thereafter be resumed.
D. 
Whenever a nonconforming use of a structure or a premises ceases for twelve months, the structure or premises shall not thereafter be used except in conformance with the regulations of the district in which it is located. The term "ceases" as used in this subsection shall mean that the activity in question has not been in operation for a period of twelve months.
1. 
The twelve-month period shall be extended with the terms designated on an approved building permit within the town.
E. 
Where nonconforming use status applies to both structure and land, the removal or destruction of the structure shall eliminate the nonconforming status of the land.
(Ord. 276 Exh. 1, 2024)
On any nonconforming structure or portion of the structure containing a nonconforming use, work may be done on ordinary repairs and fixtures, wiring, plumbing, or repair or replacement of nonbearing walls, to an extent not exceeding ten percent of the replacement value of the building in any one year. Value of the building shall be calculated based on the assessment provided through Montana Cadastral data; provided, that such work does not increase the cubic content of the building. Nothing in this title 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 order of such official.
(Ord. 276 Exh. 1, 2024)