Monroe City Zoning Code

The purpose of this section is to regulate all non-conforming uses of land. It is also intended to regulate non-conforming buildings or structures which do not conform to height, location, construction, materials, and other requirements adopted or imposed by ordinance, regulation, or law, in compliance with §10-9a-5 of Utah State Code (as amended).

HISTORY:

Ord. 3-1-2024, 4/9/2024

Except as specified, any use, building, or structure, lawfully existing at the time of enactment of this ordinance may be continued even though such use, building or structure does not conform to all applicable or newly adopted  ordinances, standards, and regulations.  Any non-complying structure or nonconforming use of a structure that is involuntarily destroyed in whole or in part by fire or another calamity may be rebuilt, provided the structure or use has not been abandoned.

HISTORY:

Ord. 3-1-2024, 4/9/2024

Except as otherwise provided by law, any part of a non-complying building or structure declared unsafe or uninhabitable by a federal, state, county, or the City's Building Official or inspector may be restored to a safe condition. If such restoration does not take place within six (6) months from such declaration, the City may prohibit the reconstruction of the non-complying structure.

HISTORY:

Ord. 3-1-2024, 4/9/2024

Any use legally existing on the effective date of this ordinance which is subsequently listed as a conditional use in the zoning district where it is located, shall be and remain a non-conforming use until a conditional use permit is obtained as provided in this ordinance.

HISTORY:

Ord. 3-1-2024, 4/9/2024

1. A non-conforming use shall not be enlarged, extended, or changed by any means unless the use is changed to an allowable use permitted in the zoning district in which it is located, and a non-complying building shall not be reconstructed or structurally altered unless such alteration results in removing the conditions of the building which render it non-conforming, except as set forth below.
2. A non-conforming use may be extended through the same building or buildings in which it was conducted at the time the use became non-conforming, provided that no structural alteration of the building is proposed or made for the purpose of such extension and no new structure is created.

HISTORY:

Ord. 3-1-2024, 4/9/2024

Whenever a non-conforming use has been changed to a conforming use, or a non-complying structure to a complying structure, such use or structure shall not thereafter be changed back to a non-conforming use or noncomplying structure, including the previous nonconforming use or structure.

HISTORY:

Ord. 3-1-2024, 4/9/2024

The right to continue a non-conforming use or to maintain a non-complying structure shall terminate if the use or structure is abandoned. 

1. A non-conforming use shall be considered to be abandoned when the building or premises is vacant for a period of one (1) year or more.
2. The right to continue a non-complying structure and the right to continue a nonconforming use within a structure shall be considered to be abandoned if the owner has voluntarily demolished a majority of the structure without an agreement with the City regarding the reconstruction of the non-conforming structure or continuation of the non-complying use.

HISTORY:

Ord. 3-1-2024, 4/9/2024

All new lots shall be created by the subdivision plat process and shall conform to the requirements of this ordinance. Non-conforming lots and parcels of record as of the effective date of this ordinance that do not meet minimum lot size requirements may nevertheless be developed or used pursuant to the requirements and limitations of this ordinance, provided that all setback, utility, improvement, safety, and infrastructure requirements can be satisfied. No lot or parcel may be subdivided, adjusted, or modified in a manner that would increase the non-conformance of the property.

HISTORY:

Ord. 3-1-2024, 4/9/2024

A property owner shall have the burden of establishing the legal existence of a non-complying structure or non-conforming use.

HISTORY:

Ord. 3-1-2024, 4/9/2024