Within the zones established by this title or amendments that may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of uses which were lawful before the ordinance codified herein was passed or amended, but which would be prohibited, regulated or restricted under the terms of the ordinance codified herein or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter 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 zone. (Ord. 2009-44, 11-24-2009)
11-17-2: LOTS OF RECORD:
In any zone in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance codified herein, notwithstanding limitations imposed by other provisions of this title. This provision shall apply even though such lot fails to meet the requirements for area and width, or both, that are generally applicable in the zone; provided, that yard dimensions and requirements of the lot shall conform to the regulations for the zone in which such lot is located. Variance of yard requirements shall be obtained only in accordance with the regulations set forth in chapter 1 of this title. (Ord. 2009-44, 11-24-2009)
11-17-3: USE OF OPEN LAND:
A nonconforming use of land lawfully existing on the effective date hereof may be continued, provided such nonconforming use shall not be expanded or extended into any other portion of a conforming building or open land and no structures, additions, alterations or enlargements thereto shall be made thereon, except those required by law. If said nonconforming use is discontinued or abandoned for a continuous period of twelve (12) months or more, any future use of such land shall conform to the provisions of the zone in which it is located. The planning commission may extend the time period for an additional twelve (12) months only if the best use of the land is the existing nonconforming use and allowing that use will not be detrimental to the surrounding properties. (Ord. 2009-44, 11-24-2009)
11-17-4: STRUCTURES AND BUILDINGS:
A. Use: The nonconforming uses of any structure or building lawfully existing on the effective date of the ordinance codified herein or amendment may be continued as provided in this chapter. A nonconforming use may be extended to include the entire floor area of the existing structure or building in which it is conducted at the time the use became nonconforming. The nonconforming use may not be extended into additions or structural alterations allowed after the time the use became nonconforming. No structure or building shall be expanded or altered solely for the benefit of expanding a nonconforming use. If said nonconforming use is discontinued or abandoned for a continuous period of twelve (12) months or more, any future use of such structures and building shall conform to the provisions of the zone in which they are located.
B. Continued: A noncomplying structure or building in any zone may be continued as prescribed in this chapter, provided no additions or enlargements are made thereto and no structural alterations are made therein, except those prescribed by law. If any such noncomplying structure or building is removed, every future use of the land on which the building was located shall conform to the provisions of this chapter. (Ord. 2009-44, 11-24-2009)
11-17-5: CHANGE OF NONCONFORMING USES OR NONCOMPLYING STRUCTURES:
An existing nonconforming use or noncomplying structure may be changed for another nonconforming use or noncomplying structure which is determined to be of a more desirable nature upon specific approval of the planning commission. The request for a change in an authorized nonconforming use or noncomplying structure shall follow the procedures outlined for conditional uses in chapter 4 of this title. (Ord. 2009-44, 11-24-2009)
11-17-6: DETRIMENTAL NONCONFORMITIES NOT ALLOWED:
No provisions of this chapter shall be construed to allow the continuance of any nonconformity when, in the opinion of the planning commission, after consultation with the city attorney and other authorized officials relating to a specific nonconformity, it is deemed to be detrimental to the health and welfare of the general public. (Ord. 2009-44, 11-24-2009)
Clearfield City Zoning Code
CHAPTER 17
NONCONFORMITIES
11-17-1: PURPOSE:
Within the zones established by this title or amendments that may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of uses which were lawful before the ordinance codified herein was passed or amended, but which would be prohibited, regulated or restricted under the terms of the ordinance codified herein or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter 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 zone. (Ord. 2009-44, 11-24-2009)
11-17-2: LOTS OF RECORD:
In any zone in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance codified herein, notwithstanding limitations imposed by other provisions of this title. This provision shall apply even though such lot fails to meet the requirements for area and width, or both, that are generally applicable in the zone; provided, that yard dimensions and requirements of the lot shall conform to the regulations for the zone in which such lot is located. Variance of yard requirements shall be obtained only in accordance with the regulations set forth in chapter 1 of this title. (Ord. 2009-44, 11-24-2009)
11-17-3: USE OF OPEN LAND:
A nonconforming use of land lawfully existing on the effective date hereof may be continued, provided such nonconforming use shall not be expanded or extended into any other portion of a conforming building or open land and no structures, additions, alterations or enlargements thereto shall be made thereon, except those required by law. If said nonconforming use is discontinued or abandoned for a continuous period of twelve (12) months or more, any future use of such land shall conform to the provisions of the zone in which it is located. The planning commission may extend the time period for an additional twelve (12) months only if the best use of the land is the existing nonconforming use and allowing that use will not be detrimental to the surrounding properties. (Ord. 2009-44, 11-24-2009)
11-17-4: STRUCTURES AND BUILDINGS:
A. Use: The nonconforming uses of any structure or building lawfully existing on the effective date of the ordinance codified herein or amendment may be continued as provided in this chapter. A nonconforming use may be extended to include the entire floor area of the existing structure or building in which it is conducted at the time the use became nonconforming. The nonconforming use may not be extended into additions or structural alterations allowed after the time the use became nonconforming. No structure or building shall be expanded or altered solely for the benefit of expanding a nonconforming use. If said nonconforming use is discontinued or abandoned for a continuous period of twelve (12) months or more, any future use of such structures and building shall conform to the provisions of the zone in which they are located.
B. Continued: A noncomplying structure or building in any zone may be continued as prescribed in this chapter, provided no additions or enlargements are made thereto and no structural alterations are made therein, except those prescribed by law. If any such noncomplying structure or building is removed, every future use of the land on which the building was located shall conform to the provisions of this chapter. (Ord. 2009-44, 11-24-2009)
11-17-5: CHANGE OF NONCONFORMING USES OR NONCOMPLYING STRUCTURES:
An existing nonconforming use or noncomplying structure may be changed for another nonconforming use or noncomplying structure which is determined to be of a more desirable nature upon specific approval of the planning commission. The request for a change in an authorized nonconforming use or noncomplying structure shall follow the procedures outlined for conditional uses in chapter 4 of this title. (Ord. 2009-44, 11-24-2009)
11-17-6: DETRIMENTAL NONCONFORMITIES NOT ALLOWED:
No provisions of this chapter shall be construed to allow the continuance of any nonconformity when, in the opinion of the planning commission, after consultation with the city attorney and other authorized officials relating to a specific nonconformity, it is deemed to be detrimental to the health and welfare of the general public. (Ord. 2009-44, 11-24-2009)