17.64.010 Legislative findings

The City Commission makes the following findings:

1. Within the districts established by this title, or within districts established or changed by future amendment, there may exist uses and signs which were lawful before the adoption of this title, or amendment, but which are nonconforming under the provisions of this title or amendment thereto.
2. It is reasonable to generally allow, but not encourage, nonconformities to continue until such time as they are moved, removed or discontinued. (Ord. 2950, 2007)
3. Nonconformities that are moved, removed, discontinued, changed, extended, or enlarged shall be made to conform with the regulations that apply to all other parcels of land within the district. However, changes in use may be allowed under certain circumstances. (Ord. 2950, 2007)
4. It is reasonable to allow a nonconforming use to resume in certain circumstances if the structure in which it takes place is only partially damaged or destroyed.

17.64.020 Nonconforming uses

1. Generally. A nonconforming use may be continued so long as it remains otherwise lawful, subject to the following provisions:
   1. Change or expansion of nonresidential uses.
      1. A nonconforming nonresidential use may be changed to another nonconforming nonresidential use, or may be increased or expanded, if the Planning Director determines the application for the proposed, expanded or increased use meets the following criteria, without requiring or requesting any dimensional, lighting, parking, landscaping or other similar variance:
         1. The off-street parking and loading requirements for and traffic generated by the proposed, expanded or increased use do not exceed that of the existing or most recent use.
         2. The proposed use is permitted in the same zoning district in which the existing or most recent use is first permitted in Table 20-4 of Chapter 20 ( 28k PDF) to this Title. For the purposes of this Chapter, “first permitted” shall mean the first zoning district in Table 20-4 in which a “P” occurs, when reading the table from left to right.
         3. The intensity of onsite and offsite impacts from noise, dust, smoke and other environmental impacts associated with the proposed, expanded or increased use is equal to or less than that associated with the existing or most recent use.

         Such application may require a fee, as may be established by the City Commission. (Ord. 2950, 2007)

      2. Alternatively, a nonconforming, nonresidential use may also be changed to another nonconforming use, or may be increased or expanded, through a conditional use permit procedure as set forth in Chapter 16. (Ord. 2950, 2007)
   2. Expansion of residential uses. The expansion of nonconforming residential dwellings is allowed, in compliance with applicable building codes, up to 20% of the existing total residential area, as long as the number of dwelling units on the lot is not increased.
   3. Change of location. A nonconforming use shall not be moved in whole or in part to any other portion of the lot or to another structure than what was occupied at the effective date of this title or any amendment thereto which creates said nonconforming use.
   4. Discontinuance of use. If a nonconforming use ceases for any reason for more than 24 months, any subsequent use shall conform with this Title.

17.64.030 Nonconforming structures

1. Generally. A nonconforming structure may continue so long as it remains otherwise lawful, subject to the following provisions:
   1. Change in extent. A nonconforming structure shall not be enlarged or altered in a way to increase its nonconformity.
   2. Conformance required if moved. If a nonconforming structure is moved for any reason for any distance, it shall thereafter conform with this Title.
   3. A nonconforming structure that is removed, razed or damaged by fire or other cause may be rebuilt on the structure’s original foundation or on a new foundation in the same location. Construction must be completed within 24 months of the date of such damage, removal or razing. If repair or rehabilitation does not occur within 24 months, the structure shall be reconstructed only in conformance with this Title without resort to variance.
2. Unsafe conditions, ordinary maintenance, and remodeling. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof, ordinary repair and maintenance, or remodeling.

17.64.040 Nonconforming signs

1. Compliance.
   1. Except as otherwise provided in this chapter, all signs and supporting structures which do not conform to the provisions of this Code, but were constructed in compliance with previous regulations, shall be regarded as nonconforming. Nonconforming signs may remain until December 31, 2015, if such signs are properly repaired and maintained as required by Section 17.60.7.090.
   2. The copy face of a sign may be changed or altered in any manner which does not require structural alteration, subject to the permit requirements of this Code, until December 31, 2012. After December 31, 2012, any sign change, including copy change, shall require compliance with the provisions of the Sign Code.
   3. Any sign user may file for an exemption as set forth in subsection B below (“grandfather” exemption), and the provisions of that subsection B shall govern. However, neither this subsection nor subsection B provides any right of continuance after the adoption of the Sign Code of those types of signs specifically prohibited in Section 17.60.2.010, with the exception of roof signs. Grandfather exemptions will not be granted to freestanding signs that overhang or encroach into the public right-of-way or overhang or encroach upon adjoining property.
2. Grandfather exemption.
   1. Signs that exceed the code for size and/or height for which an exemption has been filed as set out below may remain in perpetuity, provided the sign is properly maintained and is not changed in any manner, either structurally or copy changes. Any sign which is so changed shall be brought into immediate compliance with all provisions of this Code. This code would allow a change in the name of a tenant on a multi-tenant identification sign without loss of the grandfather exemption.
   2. A grandfather exemption may be obtained by the sign owner or user by filing for such an exemption with the Community Development Department on or before July 1, 2006, or as provided in subsections C below. Each application for exemption must be accompanied with a color photograph, dimensions and location of each sign for which the exemption is sought, and in such form as may be prescribed by the department. A fifty (50) dollar fee per premise plus ten (10) dollars per sign to be exempted, shall be levied for each application to help cover processing costs.
3. Change of nonconforming sign. Any nonconforming sign which is structurally altered, relocated (on the same or another lot) or replaced shall immediately comply with all provisions of this Code. Any signs, which is accidentally damaged or destroyed may be repaired or replaced within sixty (60) days to the sign’s original condition subject to the permit requirement of this Code.
4. Administrative authority. The Director of Community Development is granted authority to perform an administrative review and make appropriate decisions to allow some flexibility in individual nonconforming situations where the strict interpretation and application of the code will be unworkable for the property owner and/or tenants. All decisions must be consistent with the overall goal of bringing nonconforming signage closer to compliance and should be consistently applied to similar circumstances.
5. Removal. The Director of Community Development may order the removal of any sign, or sign structure, that is not in compliance with the provisions of this chapter.
   1. Removal is the responsibility of the owner of the sign or the property owner.
   2. Failure of the property owner or sign owner to comply with the removal notice will result in the removal of the sign by the City. Removal costs and administrative fees will be assessed against the property.

17.64.050 Nonconforming billboards

Billboard signs that do not conform to the provisions of this code, but were legally constructed and permitted at the time of their installation shall be considered legally nonconforming and allowed to remain subject to the following:

1. Downsizing required. Nonconforming billboards exceeding height and area limitations specified in this code must be downsized to meet requirements of area and height specified in this code by December 31, 2015, or be removed by the sign owner or the property owner. This is not intended to eliminate legally sanctioned side-by-side billboards.
2. Any nonconforming billboard sign destroyed or damaged beyond fifty (50) percent of its replacement value for any cause whatsoever shall be reconstructed only in compliance with all provisions of this chapter or be removed by the sign owner or property owner.
3. In no case may a billboard be repaired or maintained resulting in substantial upgrading or replacement of the structural support of the billboard that would extend the life of the structure. Substantial upgrading may include, but is not limited to, conversion from wood to steel support structure or a conversion from a multi-pole to a single-pole structure.
4. A non-illuminated billboard may be illuminated provided it is not non-conforming because of its proximity to a residential area or its location within an entry or scenic corridor pursuant to 17.60.5.210.
5. Any signs on property annexed to the City of Great Falls after the effective date of this chapter are subject to all the provisions of this code.