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Marriott Slaterville
City Zoning Code

13.31 Nonconforming

Buildings And Uses

13.31.010 Maintenance Permitted

A nonconforming building or structure may be maintained.

13.31.020 Repairs And Alterations

Repairs and structural alterations may be made to a nonconforming building or portion thereof declared unsafe by the Building Inspector to strengthen or restore to a safe condition.

13.31.030 Additions And Enlargements

A building or structure nonconforming as to use, height, area or yard regulations shall not be added to or enlarged in any manner, unless such building or structure, including such additions and enlargements, in made to conform to all regulations of the zone in which it is located, or as otherwise provided in this chapter.

13.31.040 Alterations Where Parking Is Insufficient

  1. A building or structure lacking sufficient automobile parking space in connection therewith as required by this Zoning Ordinance may be altered or enlarged provided additional automobile parking space is supplied to meet the requirements of this Zoning Ordinance for such alteration or enlargement.
  2. A building or structure having sufficient automobile parking space in connection therewith as required by this Zoning Ordinance may not be altered or enlarged unless such alteration or enlargement will provide the additional automobile parking space to meet the requirements of this Zoning Ordinance for such alteration or enlargement.

13.31.060 Restoration Of Damaged Buildings

A nonconforming building or structure which is damaged or destroyed by fire, flood, wind, earthquake, or 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 destruction may be continued or resumed, provided that such restoration is started within a period of one (1) year and is diligently continued to completion.

13.31.070 One Year Vacancy Or Abandonment

A building or structure or portion thereof, nonconforming as to use, which is or hereafter becomes vacant and remains unoccupied for a continuous period of one (1) year, except for dwelling and buildings to house animals and fowl, shall not thereafter be occupied except by a use which conforms to the use regulations of the zone in which it is located. Wherever a nonconforming use has been discontinued for a period of one (1) year such use shall not thereafter be re-established and any future use shall be in conformance with the provisions of this Zoning Ordinance. Any building, structure, or use for which a valid building permit has been issued and actual construction was lawfully begun prior to the effective date of this Zoning Ordinance, may be completed and used in accordance with the plans, specifications and permit on which said building permit was granted.

13.31.080 Continuation Of Use

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

13.31.090 Occupation Within One Year

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

13.31.100 Amendments, Additions, Enlargements, And Moving Of Nonconforming Parcels Or Uses

  1. All nonconforming parcels, lots, buildings, structures, or uses shall not be added to, enlarged in any manner, moved to another location on the lot, or have parcel lines moved, changed, or adjusted, except as provided in this subsection.
  2. The Planning Commission may authorize the expansion, enlargement and/or moving of a nonconforming parcel, lot, building, structure, or use only after holding a public hearing and making a finding that:
    1. The enlargement, addition and/or moving of the nonconforming parcel, lot, building structure, or use will not substantially interfere or conflict with the requirements and regulations of the current zone in which the non-conformity is located;
    2. The proposed change does not impose an unreasonable burden upon lands located in the vicinity of the nonconforming use or structure;
    3. The impact of the change is negligible on the policies adopted in the General Plan;
    4. The proposed change will be brought into compliance where possible, with screening, design and architecture standards, and other relevant standards;
    5. The proposed change does not expand in any way upon a neighboring parcel or adjacent parcel, and any movement of a nonconforming use or building is upon the same lot or parcel where the current nonconformity.
  3. The nonconforming use of a building or structure may not be changed except to a conforming use, but where such change is made to a conforming use, the use shall not thereafter be changed back to a nonconforming use.

HISTORY
Amended by Ord. 2004-05 on 1/1/2004