search icon

Enoch City Zoning Code

12.400 NONCONFORMING

BUILDINGS AND USES

12.400.401 MAINTENANCE PERMITTED

A nonconforming building or structure may be maintained.

12.400.402 REPAIRS AND ALTERATIONS

Repairs or structural alterations may be made to a nonconforming building or to a building housing a nonconforming use.

12.400.403 ADDITIONS, ENLARGEMENTS AND MOVING

A building or structure occupied by a nonconforming use and a building or structure nonconforming as to height, area or yard regulations shall not be added to or enlarged in any manner or moved to another location on the lot unless first approved by the local governing body after receiving a recommendation from the Planning Commission. In approving such request, it shall be found that the proposed change does not impose any unreasonable burden upon the lands located in the vicinity of the nonconforming use or structure. A building or structure may be enlarged and added to if the enlargement or addition is being done for the purpose of causing such building or structure to become conforming to all regulations of the zone in which it is located.

12.400.404 ALTERATION WHERE PARKING IS INSUFFICIENT

A building or structure lacking automobile parking area or space in connection therewith, as required by this Ordinance, may be altered or enlarged provided additional automobile parking space is supplied to meet the requirements of this Ordinance for such alteration or enlargement.

12.400.405 RESTORATION OF DAMAGED BUILDINGS

A nonconforming building or structure occupied by a nonconforming use which is damaged or is destroyed by fire, flood, wind, earthquake, other calamity or Act of God, or the public enemy may be restored and 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 pursued to completion.

12.400.406 ONE YEAR VACANCY

A building or structure or portion thereof occupied by a nonconforming use, which is, or hereafter becomes vacant and remains unoccupied by a nonconforming use for a continuous period of one (1) year, except for dwellings, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.

12.400.407 OCCUPATION WITHIN ONE YEAR

A vacant building or structure may be occupied by a use for which the building or structure was designed or intended if so occupied within a period of one (1) year after the use became nonconforming.

12.400.408 CONTINUATION OF USE

The occupancy of a building or structure by a nonconforming use, existing at the time this ordinance became effective, may be continued.

12.400.409 CHANGE OF USE

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

12.400.410 NONCONFORMING USE OF LAND

The nonconforming use of land, existing at the time this ordinance becomes effective, may be continued, provided that no such nonconforming use of land shall in any way be expanded or extended either on the same or an adjoining property, and provided that if such nonconforming use of land, or any portion thereof, is abandoned or changed for a period of one (1) year or more, any future use of such land shall be in conformity with the provisions of this Ordinance.