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Murray City Zoning Code

CHAPTER 17

52 NONCONFORMING BUILDINGS AND USES

17.52.010: NONCONFORMING USE DEFINED:

As used in this chapter, a "nonconforming use" is the use of any building, structure, or land which is prohibited by any zoning, building, sign, or other regulatory ordinances, but which existed lawfully before the establishment of said ordinances. (Ord. 07-30 § 2)

17.52.020: MAINTENANCE PERMITTED:

A nonconforming building or structure may be maintained. (Ord. 07-30 § 2)

17.52.030: REPAIRS AND ALTERATIONS:

Repairs and structural alterations may be made to a nonconforming building or to a building housing a nonconforming use. (Ord. 07-30 § 2)

17.52.040: ADDITIONS, ENLARGEMENTS AND MOVING:

   A.   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 except as provided by subsection B of this section.
   B.   A building or structure occupied by a nonconforming use or a building or structure nonconforming as to height, area, or yard regulations may be added to or enlarged or moved to a new location on the lot upon a permit authorized by the appeal authority, which may issue; provided, that the appeal authority, after hearing, shall find:
      1.   The addition to, enlargement of, or moving of the building will be in harmony with one or more of the purposes of this title;
      2.   That the proposed change does not impose any unreasonable burden upon the lands located in the vicinity of the nonconforming use or structure. (Ord. 14-10: Ord. 07-30 § 2)

17.52.050: ALTERATION WHERE PARKING INSUFFICIENT:

A building or structure not having sufficient off street parking as required by this title, may be altered or enlarged providing that additional off street parking is supplied which meets the requirements of this title. (Ord. 07-30 § 2)

17.52.060: RESTORATION OF DAMAGED BUILDINGS:

   A.   Except as provided in subsection B of this section, a nonconforming building or structure which has been demolished, allowed to deteriorate or which has been damaged by fire, explosion, act of God, or act of a public enemy to the extent of more than sixty percent (60%) of its replacement value may not be repaired or rebuilt except in conformity with the regulations of this title.
   B.   Legal nonconforming single-family and multiple-family dwellings may be reconstructed and the use continued as a legal nonconforming use. (Ord. 07-30 § 2)

17.52.070: 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 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. (Ord. 07-30 § 2)

17.52.080: CONTINUATION OF USE:

The occupancy of a building or structure by a nonconforming use, existing at the time this title became effective, may be continued. (Ord. 07-30 § 2)

17.52.090: 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 year after the use became nonconforming. (Ord. 07-30 § 2)

17.52.100: 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 back to a nonconforming use. (Ord. 07-30 § 2)

17.52.110: EXPANSION PERMITTED:

A nonconforming use may be extended to include the entire floor area of the existing building in which it is conducted at the time the use became nonconforming, except areas for home occupation uses. (Ord. 07-30 § 2)

17.52.120: NONCONFORMING USE OF LAND:

The nonconforming use of land, existing at the time this title became 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 on adjoining property and provided that if such nonconforming use of land, or any portion thereof, is abandoned or changed for a period of one year or more, any future use of such land shall be in conformity with the provisions of this title. (Ord. 07-30 § 2)

17.52.130: DISTRICT CHANGES:

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein. (Ord. 07-30 § 2)

17.52.140: NONCONFORMING USES DETRIMENTAL TO HEALTH AND SAFETY NOT ALLOWED:

No provisions of this chapter shall be construed to allow the continuance of any nonconforming use when in the opinion of the municipal council, after consultation with the city attorney and other authorized officials relating to a specific nonconforming use, it is deemed to be detrimental to the health, safety and welfare of the general public. (Ord. 07-30 § 2)

17.52.150: REGISTRATION OF NONCONFORMING USES AND STRUCTURES REQUIRED:

   A.   Rights: The rights given to those using or owning property involving a nonconforming use or structure under this chapter are specifically conditioned on the registration of the nonconformity with the community development division. Nonconforming uses and structures so registered shall be deemed lawful uses and structures under the provisions of this code to the extent documented on the registration form.
   B.   Registration: Registration shall be required for all nonconforming uses and structures. There shall be no deadline for the registration required by this section. The community development director, or designee, shall establish a process for the registration of nonconformities and shall establish a system for keeping records of the same. The director shall provide registration forms for this purpose.
   C.   Verification Required; Appeal: The director shall verify the qualification of a nonconforming use or structure for registration under this section. The director shall refuse to permit the expansion, continuance, repair maintenance or other continuance of nonconforming status for a nonconforming use or structure not registered in accordance with this section. An adversely affected party may appeal the director's registration or denial as provided in this title. (Ord. 22-33: Ord. 14-10: Ord. 07-30 § 2)