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Non-Conforming Structures 2016-02-06T22:30:05+00:00

Non-Conforming Structures, Uses and Signs – Chapter 1.02


SECTIONS:

1.02.005 Purpose.
1.02.010 Maintenance Permitted.
1.02.015 Repairs and Alterations.
1.02.020 Alteration Where Parking Insufficient.
1.02.025 Restoration of Damaged Structures.
1.02.030 A Pre-Existing Non-Conforming Use may be Continued.
1.02.035 Effect of Change of Use.
1.02.040 Expansion of Use Permitted.
1.02.045 Additions, Enlargements, and Reconstruction of Building.
1.02.050 Non-Conforming Mobile Home Units.
1.02.055 Non-Conforming Signs.
1.02.060 Burden of Proof.

1.02.005 PURPOSE.

The purpose of this Chapter is to regulate the continued existence of a legal non-conforming structures, uses, and signs which do not conform to the use regulations of this Title in the zoning districts in which such uses are located.

1.02.010 MAINTENANCE PERMITTED.

A non-conforming building or structure may be maintained.

1.02.015 REPAIRS AND ALTERATIONS.

Repairs and alterations that do not expand the degree of non-conformity may be made to a non-conforming building or structure or to a structure housing a non-conforming use.

1.02.020 ALTERATION WHERE PARKING INSUFFICIENT.

A structure that is non-conforming due to the lack of sufficient automobile parking space in connection therewith as required by this Title may be altered or enlarged, provided additional automobile parking space is supplied to meet the requirements of this Title for such alteration or enlargement.

1.02.025 RESTORATION OF DAMAGED STRUCTURES.

A non-conforming structure or a structure occupied by a non-conforming use which is damaged or is destroyed by fire, flood, wind, earthquake or other calamity or public enemy, may be restored. The occupancy or use of such building, structure, or part thereof, which existed at the time of such damage or destruction may be continued or resumed, provided that such restoration is started within a period of one (1) year and is diligently prosecuted to completion in conformance with Ordinances of Tremonton City within two (2) years.

1.02.030 A PRE-EXISTING NON-CONFORMING USE MAY BE CONTINUED.

A structure utilized prior to the effective date of this Title for a use, which after the effective date of this Title is a non-conforming use, may continue to be utilized for such non-conforming use unless the building is vacated or the use ceased for a continuous period in excess of three hundred-sixty five (365) calendar days. Land used prior to the effective date of this Title for a purpose which after the effective date of this Title is non-conforming may continue to be so used provided that such non-conforming use is not ceased for a continuous period in excess of three hundred-sixty five (365) calendar days. No such non-conforming use of land may in any way be expanded or extended, either in the same or on adjoining property.

1.02.035 EFFECT OF CHANGE OF USE.

The non-conforming use of a structure may not be changed except to a conforming use; but where such change is made, the use shall not thereafter be changed back to a non-conforming use.

1.02.040 EXPANSION OF USE PERMITTED.

A non-conforming use may be extended to include the entire floor area of the existing structure in which it is conducted at the time the use became non-conforming or increase its degree of non-conformity.

1.02.045 ADDITIONS, ENLARGEMENTS, AND RECONSTRUCTION OF BUILDING.

A. A building occupied by a nonconforming use or a building nonconforming as to height, area or yard regulations may be added to or enlarged on the lot upon a permit authorized by the Zoning Administrator, which may issue; provided, that the Zoning Administrator, shall find:

1. The addition to, enlargement of, or reconstruction of the building on the lot will be in harmony with one (1) or more of the purposes of this Title and shall be in keeping with the intent of this Title; and
2. The proposed change does not impose any unreasonable burden upon the lands located in the vicinity of the nonconforming use or structure.

1.02.050 NON-CONFORMING MOBILE HOME UNITS.

If a non-conforming Mobile Home is removed from the premises, it cannot thereafter be returned, except that:

A. If such removal was upon order of the Building Official for correction of deficiencies or by decision of the owner for the purpose of correcting deficiencies within sixty (60) days; or

B. A new mobile home may be moved on the premises if:

1. Accomplished within sixty (60) days;

2. The restored or new mobile home is owned by the same owner as the mobile home removed; and

3. Said mobile home is to be occupied for a continuous period of at least six (6) months by the same occupant(s) as the mobile home removed.

1.02.055 NON-CONFORMING SIGNS.

A. Non-Conforming Signs- General. Legally existing signs at the time of adoption of this Title shall be exempt from compliance with the provisions of this Title. Non-conforming signs still shall be maintained. No non-conforming sign shall be moved to a new location on the lot or building or be enlarged, modified, or replaced unless it is made to conform to the regulations of this Title.

B. Non-Conforming Signs- Billboards. Legally existing Billboard signs at the time of adoption of this Title shall be exempt from compliance with the provisions of this Title. Non-conforming signs still shall be maintained. Termination of a Billboard sign shall be in compliance with 10-9a-512 and 10-9a-513 Utah Code Annotated.

1.02.060 BURDEN OF PROOF.

It shall be the property owner’s responsibility to prove compliance with this Chapter.
REV 06/13