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HomeMy WebLinkAboutOrdinance No. 672ORDINANCE No. 672 AN ORDINANCE AMENDING PORTIONS OF CHAPTER i7.64 OF THE LAUREL MUNICIPAL CODE AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAUREL, MONTANA: Section 1. That Chapter 17.64 of the Laurel Municipal Code be amended to read as follows: Chapter i7.64 Non-Conforming Uses Non-Conforming Uses Sections: 17.64.010 17.64.010 Any lawful use of the land or buildings existing at the date of passage of this ordinance, and located in a district in which it would not be permitted as a new use under the regulations of this ordinance, is hereby declared to be a non-conforming use, and not in violation of this article at the date of adoption of this ordinance. Provided, however, a non- conforming use shall be subject to, and the owner shall comply with the following regulations: A. Non-conforming Use: Extension. The non-conforming use of a building may be extended throughout any part of a building clearly designed for such use but not so used at the date of the adoption of this ordinance. No non-conforming use may be extended to occupy any land outside the building nor any additional building not used for such non-conforming use at the date of adoption of this ordinance. The non-conforming use of land shall not be extended to any additional land not so used at the date of the adoption of this title. B. Non-conforming use: Additions, repair, alteration. No building used for a non-conforming use shall be enlarged, extended, reconstructed, or structurally altered, unless the use is changed to one which complies with the provisions of this ordinance. Pro- vided, however, permits may be issued for the reconstruction of an existing building to be continued as a non-conforming use if the following conditions are complied with: (1) New use would decrease the number of living units or population density in case such is violated. -1- {2) New use would decrease the automobile parking congestion in the area. (3) New use would not increase the cubical contents of the structure, floor area ration, if such would violate pro- visions of this ordinance. {4) Such reconstruction would be one in accordance with the city building, plumbing, electrical codes and fire pre- vention code. (5) The issuance of such permit would not violate the provisions of item C of this section. In addition, repairs and maintenance work may be carried out each year in an amount not to exceed 25 per cent of the assessed value of the building for that year. Such repairs and main- tenance work shall not increase the cubical content of the building, nor the floor area devoted to the non-conforming use. Nor shall it increase the number of dwelling units provided in a building. Nothing in this ordinance shall be deemed to prevent the strengthening nor repair of a building which may be necessary to restore the buiiding to a safe condition or to improve the sanitary conditions of the building, provided that such strengthening and repair may not be used to restore a building to the provisions of item C of this section. C. Non-conforming use~ Destruction. If any building in which there is a non-conforming use is damaged by fire, flood, explosion, wind, war or other catastrophe, in an amount equal to or greater than 50 per cent of its assessed valuation, it shall not be again used or reconstructed to be used for any use except one complying with the provisions of this ordinance for the district in which it is located. D. Non-conforming use: Moving building. Any building in which there is a non-conforming use shall not be moved unless it is moved to a district in which the use for which the building was designed is permitted by this ordinance. If any building in which there is a non-conforming use is moved any distance whatsoever, the buiIding shall thereafter be used only in compliance with the provisions of this ordinance for the district in which it is located. E. Non-conforming use: Change. A non-conforming use may be continued in accordance with the provisions of this section, but it shall not be changed to any other use except the one which would be permitted as a new use in the district in which the building is located. F. (1) (2) Non-conforming Use: Discontinuance. If for any reason a non-conforming use a continuous period of more than thereafter not be used except in provisions of this ordinance for the land is located. of land ceases for 30 days, the land shall compliance with the the district in which If for any reason a non-conforming use of a building ceases for a period of more than 6 months~ the building shall thereafter not be used except in compliance with the pro- visions of this ordinance for the district in which the building is located. (Ord. 672, Dec.,1979) Section 2. That this ordinance shall be in full force and effect thirty (30) days after its first reading. PASSED and APPROVED this 4th day of December, 1979. -3-