Myton City Zoning Code
NONCONFORMING USES
AND NONCOMPLYING STRUCTURES
§ 153.170 CONFORMANCE REQUIRED.
(A) All uses of land and buildings, other than those in conformity with this chapter, shall be regulated as set forth herein.
(B) The lawful use of any building or structure, or the lawful use of any land existing as of the date of adoption of the initial ordinance or, in the case of amendment to this chapter, then at the time of such amendment, may be continued, although such use does not conform with the provisions of this chapter or amendment thereto. The property owner shall have the burden of establishing the legal existence of a nonconforming use or a noncomplying structure.
(Prior Code, § 10-10-1) (Ord. passed 8-10-2006)
§ 153.171 APPROVAL AUTHORITY.
The Administrative Hearing Officer, created and appointed as set forth in § 153.023 is authorized and designated by the City Council as the land use authority with the responsibility to determine the existence of any legal nonconforming use, a legal noncomplying structure or other legal nonconformity.
(Prior Code, § 10-10-2) (Ord. passed 8-10-2006)
§ 153.172 EXPANSION OF NONCONFORMING USE OR NONCOMPLYING STRUCTURE.
(A) Variance required. A nonconforming use of land, building or structure shall not be enlarged, extended, reconstructed or structurally altered unless a variance by the Administrative Hearing Officer is granted.
(B) Application; hearing. Requests for a determination by the Administrative Hearing Officer of the existence of a legal nonconforming use, legal noncomplying structure or other legal nonconformity shall be made on the applicable land use application form. The Administrative Hearing Officer, during the hearing, shall find:
(1) From the evidence presented by the applicant, who shall have the burden of establishing the legal existence of a nonconforming use, noncomplying structure or other nonconformity, that sufficient clear and convincing evidence, information, documentation and other materials have been presented to clearly establish that the use, structure, lot or other nonconformity, legally existed on the date of adoption of the initial ordinance, and complied with all prior enactments of this chapter;
(2) Upon finding by the Administrative Hearing Officer that the use, structure, lot or other nonconformity legally existed on the date of adoption of this chapter, and complied with all prior enactments of this chapter, the city shall allow the filing of an application for any necessary approval, permit or license, as may be required by city ordinances. A nonconforming use may be continued by the present or future property owner;
(3) Upon finding by the Administrative Hearing Officer that the use, structure, lot or other nonconformity did not legally exist on the date of adoption of this chapter, and did not legally comply with all prior enactments of this chapter, the applicant shall correct the illegality. No other action shall be taken by the city until the use, structure or other nonconformity complies with the requirements of this chapter, as adopted; and
(4) Following a decision by the Administrative Hearing Officer, the recording secretary shall provide the applicant with a written notice of the decision. The written record of all applications shall be maintained on file by the recording secretary.
(Prior Code, § 10-10-3) (Ord. passed 8-10-2006)
§ 153.173 CHANGE OF USE.
(A) A nonconforming use may only be changed to a use allowed in the zoning district in which the property is located by following the use permitting procedures as identified in this chapter.
(B) An existing nonconforming lot shall not be enlarged or modified except to create landscaping, fencing, road widening or similar improvements that will provide a safer and more compatible facility or will make the lot a conforming or less nonconforming lot.
(Prior Code, § 10-10-4) (Ord. passed 8-10-2006)
§ 153.174 TERMINATION OF NONCONFORMING USE DUE TO ABANDONMENT.
(A) Burden of proof. Any party alleging that a nonconforming use has been abandoned shall have the burden of establishing the abandonment.
(B) Presumption of 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 period of one year; and
(3) The primary building associated with the nonconforming use remains vacant for a minimum period of one year.
(C) Rebuttal of presumption. The property owners 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. The Administrative Hearing Officer shall have authority to review and decide all disputes relating to abandonment of structures associated with a nonconforming use or noncomplying structures.
(Prior Code, § 10-10-5) (Ord. passed 8-10-2006)
§ 153.175 APPEAL.
Any person aggrieved by a decision of the Administrative Hearing Officer regarding any matter related to a nonconforming use, noncomplying structure, or other nonconformity may appeal the decision to the District Court, within 30 days after the decision is made.
(Prior Code, § 10-10-6) (Ord. passed 8-10-2006)