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La Verkin City Zoning Code

CHAPTER 8

NONCOMPLYING BUILDINGS, STRUCTURES, AND LOTS; NONCONFORMING USES

10-8-1: REPAIRS AND ALTERATIONS:

   A.   Maintenance repairs are allowed on noncomplying buildings or structures, or to a building or structure housing a nonconforming use, so long as such repairs do not enlarge nor extend such nonconforming use.
   B.   Buildings or structures on commercial or residential lots, which have become noncomplying or whose uses have become nonconforming because of LaVerkin City action, i.e., rezoning or ordinance changes, may be torn down and reconstructed if: 1) they are involuntarily destroyed in whole or in part due to fire or other calamity, and their use has not been abandoned, or 2) all other zoning, beautification, and building requirements are met. In such cases where current zoning requirements would create an unreasonable hardship, the city council may approve reconstruction maintaining the existing noncomplying or nonconforming conditions. Requests for such reconstruction may be made in conjunction with conditional use requests through planning commission and city council. (Ord. 2011-05, 4-20-2011)

10-8-2: INSUFFICIENT PARKING:

A building or structure that is nonconforming because of a lack of sufficient automobile parking space in connection therewith, as required by this title, may be altered or enlarged only after additional automobile parking space is supplied to bring the building or structure and addition into compliance. (Ord. 2004-28, 10-20-2004; amd. Ord. 2005-33, 9-21-2005)

10-8-3: ONE YEAR VACANCY:

A building or structure or portion thereof occupied by a nonconforming use which is or hereinafter becomes vacant and remains unoccupied by a nonconforming use for a continuous period of one year, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located. (Ord. 2004-28, 10-20-2004; amd. Ord. 2005-33, 9-21-2005)

10-8-4: OCCUPANCY WITHIN ONE YEAR:

A vacant building or structure may be occupied by a use for which the building or structure was designed if occupied within a period of one year after the use became nonconforming. (Ord. 2004-28, 10-20-2004; amd. Ord. 2005-33, 9-21-2005)

10-8-5: CHANGE OF USE:

The nonconforming use of a building or structure may not be changed, except to a conforming use. The use shall not thereafter be changed back to a nonconforming use. (Ord. 2004-28, 10-20-2004; amd. Ord. 2005-33, 9-21-2005)

10-8-6: RECREATIONAL VEHICLES OCCUPIED FOR MORE THAN THIRTY DAYS:

The provisions of sections 10-8-3 and 10-8-4 of this chapter shall not apply to recreational vehicles. In the case of recreational vehicles occupied consecutively for more than thirty (30) days prior to the passage date hereof, the continued, uninterrupted occupancy of said vehicles shall be considered a nonconforming use. However, if such a recreational vehicle becomes unoccupied and remains dormant for a period of twenty one (21) consecutive days, or if it is removed at all from the lot where it has rested to any other locations, even if later returned to the same lot, the nonconforming status of the recreational vehicle shall be considered terminated, and the city may enforce the provisions of this section. A lot or parcel of property on which a nonconforming recreational vehicle has rested shall not itself be considered nonconforming, and once the recreational vehicle is removed or loses its nonconforming status, use of the lot or portion must thereafter be consistent with all provisions of this zoning ordinance, and consequently, later use of the lot or portion for temporary recreational vehicles may only be for thirty (30) days or less. (Ord. 2004-28, 10-20-2004; amd. Ord. 2005-33, 9-21-2005)