Unless otherwise provided in this Chapter, all matters regarding the nonconforming use of land and the noncompliance of structures shall be determined by the Land Use Authority. Upon application, the Land Use Authority shall determine if the use of the land is nonconforming or if an existing structure is in noncompliance on the date the use or structure came into lawful existence under the City’s land use ordinance. Except as otherwise provided herein, a nonconforming use or a noncomplying structure may be continued by the present or future owner. A nonconforming use may be extended through the same building, provided no structural alteration of the building is proposed or made for the purpose of the extension. For the purpose of this Section, the addition of a solar energy device to a building is not a structural alteration. 

HISTORY

Ord. No. 97-17, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 02-42, Enacted, 6/6/2002

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 17-13, Amended, 6/15/2017

The Land Use Authority as defined in Section 19.01.135 may determine all routine and uncontested matters under this Chapter as provided herein and pursuant to rules adopted by the Land Use Hearing Officer. All other decisions under this Chapter shall be made by the Land Use Hearing Officer after notice and a public hearing on the matter. For the purpose of this Chapter, the Land Use Authority shall mean the Zoning Administrator in matters that are routine and uncontested. In all other matters under this Chapter, the Land Use Authority shall mean the Land Use Hearing Officer.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 02-42, Enacted, 6/6/2002

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 17-13, Amended, 6/15/2017

Noncomplying buildings and structures with respect to setbacks or height may be continued. Additions, enlargements, or structural alterations may be made to the extent that they comply with all requirements of the Layton Municipal Code or conform to the provisions of Section 19.05.010 of this Title. In addition, an enlargement or structural alteration may be allowed upon approval of the Land Use Authority, provided the changes are in harmony with the surrounding neighborhood and in keeping with the intent of the General Plan and this ordinance. The proposed change shall not impose any unreasonable impact or burden upon land located in the vicinity. Reasonable conditions may be attached to the approval in order to assure neighborhood compatibility. If any such noncomplying building is removed, every future use of the land on which the building was located shall conform to the provisions of this Chapter.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 02-42, Enacted, 6/6/2002

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 17-13, Amended, 6/15/2017

A nonconforming use of land lawfully existing on the effective date of this Chapter may be continued provided such nonconforming use shall not be expanded or extended into any other open land, except as provided in this Chapter. If the nonconforming use is discontinued for a continuous period of more than one year it shall constitute an abandonment of the use and any future use of such land shall conform to the provisions of the zoning district in which it is located.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 02-42, Replaced and Re-Enacted, 06/06/02

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 17-13, Amended, 6/15/2017

1. If a nonconforming use is abandoned, it may be succeeded by another nonconforming use, upon approval of the Land Use Authority based on the following findings:
2. The proposed nonconforming use is equally restrictive or a more restrictive nonconforming use than that abandoned; and
3. The proposed nonconforming use is more compatible with the permitted or conditional uses within the zoning district; and
4. Provided such change is effected within one year from the first day of abandonment; or
5. The proposed use is part of a transition plan that will bring the property into full compliance within a period not to exceed five years, pursuant to a written agreement.
6. After a change to a less intensive use occurs, the use may not change to a more intensive one.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 02-42, Enacted, 6/6/2002

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 05-34, Amended, 8/18/2005

Ord. No. 17-13, Amended, 6/15/2017

A use, which has been declared nonconforming shall not be enlarged or moved except as provided in this Section. The Land Use Authority, after a public hearing, may allow an enlargement or modification provided the change is in harmony with the surrounding neighborhood and in keeping with the intent of the General Plan and this ordinance. The proposed change shall not impose any unreasonable impact or burden upon land located in the vicinity. Reasonable conditions may be attached to the approval in order to assure neighborhood compatibility.

HISTORY

Ord. No. 97-19, Enacted, 4/17/1997

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 02-42, Enacted, 6/6/2002

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 17-13, Amended, 6/15/2017

A nonconforming building or structure involuntarily destroyed in whole or in part due to fire or other calamity may be reconstructed unless:

1. The structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six months after written notice to the property owner that the structure is uninhabitable and that the noncomplying structure will be lost if the structure is not repaired or restored within six months.
2. The property owner has voluntarily demolished a majority of the noncomplying structure.

HISTORY

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 02-42, Enacted, 6/6/2002

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 17-13, Amended, 6/15/2017

The Land Use Authority, under authorization of state statute, may provide for the timely modification or removal of a noncomplying structure or nonconforming use of land. A maximum of a five year period may be granted in which the nonconforming use shall be modified or removed in order to comply with the current General Plan and zoning ordinance. The Land Use Authority may provide for a shorter time period by providing a formula establishing a reasonable time period during which the owner can recover or amortize the amount of any investment in the nonconforming use or structure, if any.

HISTORY

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 02-42, Enacted, 6/6/2002

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 17-13, Amended, 6/15/2017

The Land Use Authority may terminate the nonconforming status of school district or charter school use or structure when the property associated with the school district or charter school use or structure ceases to be used for school district or charter school purposes for a period of one year.

HISTORY

Ord. No. 97-35, Recodified, 6/19/1997

Ord. No. 02-42, Enacted, 6/6/2002

Ord. No. 04-69, Recodified, 12/16/2004

Ord. No. 17-13, Amended, 6/15/2017

Any party claiming a nonconforming use or noncomplying structure shall have the burden of establishing the legal existence of the nonconforming use or noncomplying structure. Any party claiming that a nonconforming use has been abandoned shall have the burden of establishing the abandonment. Abandonment may be presumed to have occurred if:

1. A majority of the primary structure associated with the nonconforming use has been voluntarily demolished without prior written agreement with the City regarding an extension of the nonconforming use;
2. The use has been discontinued for a minimum of one year; or
3. The primary structure associated with the nonconforming use remains vacant for a period of one year.

The property owner may rebut the presumption of abandonment under this Section and shall have the burden of establishing that any claimed abandonment under this Section has not in fact occurred.

HISTORY

Ord. No. 17-13, Enacted, 6/15/2017