§ 17.48.040. Buildings or structures.

Where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this title that would not be built under the terms of this title by reason or restriction on area, lot coverage, height, yards, or other characteristics of the structure, such structure may be continued so long as it remains lawful, subject to the following provisions:

A.

No such structure may be enlarged or altered in a way which increases its nonconformity, unless an enlargement or structural alteration makes the building more conforming or is required by law, but any structure or portion thereof may be altered to decrease its nonconformity;

B.

Should such structure be destroyed and rebuilding not started within one year from the date of destruction, it shall not be reconstructed except in conformity with the provisions of this title;

C.

Except for manufactured homes, should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved;

D.

Where a nonconforming structure exists at the effective date of the ordinance codified in this title and the structure is a manufactured home unit which is nonconforming due to lot coverage and/or building setback requirements, the manufactured home unit may be replaced with another manufactured home unit providing the replacement unit does not increase or enlarge the nonconformity. In addition, the replacement unit complies with all other requirements of the zone in which the unit is located (except lot coverage or building setbacks) only if such replacement occurs within one year from the date of removal of the original nonconforming structure. Otherwise, such replacement unit must conform to the requirements of this title.

E.

Where nonconforming Class A, Class B and Class C manufactured/mobile homes existed within a residential zoning district of Butte-Silver Bow County at the effective date of adoption or amendment of the ordinance codified in this title that would not be permitted under the terms of this title by reason of Chapter 17.37 may be relocated to a licensed manufactured home park.

F.

Structural alterations may be permitted if necessary to adopt a nonconforming building or structure to new technologies or equipment pertaining to uses housed in such building or structure. Any enlargement necessary to adopt to such new technologies shall be authorized only by a variance by the zoning board of adjustment.

(Ord. 224 § 1(E), 1984; Ord. 201 § 1(I), 1983; Ord. 53 § 220-4, 1978)

( Ord. No. 15-6, § 1, 8-14-2015 )