North Ogden City Zoning Code

1. The purpose of this chapter is to regulate the use, maintenance, alteration, repair, extension and restoration of buildings and land which lawfully existed at the time of adoption of this Title, but which do not conform to the regulations for the district in which they are located.
   

1. Except as otherwise herein provided, a nonconforming use or building may be continued under the following conditions:
   1. The lawful use of land, building or structure existing at the time of the passage of this Title, although such use does not conform to the provisions hereof for said land, may be continued. However, except for buildings to house animals and fowl, if such nonconforming building or use is discontinued for a period of twelve (12) months, it shall be considered abandoned, and future use of said land or structure shall be in conformity with the provisions of this Title.
   2. Nothing in this chapter shall prevent the reconstruction, repairing or rebuilding of a nonconforming structure, or part thereof, rendered necessary by deterioration or depreciation that does not exceed fifty percent (50%) of the value of said structure, as determined by an appraiser mutually agreed upon by the city and the owner of the building or structure.
   3. Nothing in this chapter shall be interpreted as authorization to continue the use of a building or premises in violation of regulations in effect prior to the enactment of any amendment to this Title.
   4. Nothing in this chapter shall prevent requiring the strengthening or restoring to a safe condition of any portion of a structure declared unsafe by a proper authority.
   5. Nothing in this chapter shall require any change in plans, construction or designated use of a building for which a building permit has been issued prior to the enactment of this Title, provided the construction shall be diligently pursued within sixty (60) days of the effective date hereof, and the building is completed and used according to such plans as filed within one year from the effective date hereof.
   6. A nonconforming building, or portion thereof, which was specifically designed or, beyond a reasonable doubt, intended by the nature of its arrangement and construction, to be used in any way which would be nonconforming under this Title, but was not so used at the time this Title became effective, may, if not altered or repaired as prohibited elsewhere in this Title, be occupied or used for the purpose for which it was designed, arranged or intended, provided such building is so used within twelve (12) months after the effective date hereof. Otherwise, the use of such building shall conform to the provisions of this Title.

1. A nonconforming use may be repaired and maintained; provided, that there is no extension, alteration, expansion or substitution of the nonconforming building or nonconforming uses associated therewith.
   

1. A nonconforming building which is damaged or partially 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 year of destruction and is diligently prosecuted to completion.
   

1. Conditions. A nonconforming building shall not be extended, substituted, altered, expanded or enlarged in any manner, unless:
   1. Such building, including such extensions and alterations, is made to conform to all of the regulations of the zone in which it is located; and
   2. A conditional use permit, including site plan review, is approved by the Planning Commission pursuant to CCNO 11-2-8.
   3. All changes to distinguishing traits or primary features of the use of a building or land as evidenced by increased parking requirements, change of occupancy, change of outside storage or other features, occurring to existing properties after the effective date hereof, shall be subject to all of the provisions of this Title.
   4. The extension of a lawful use to any portion of an existing nonconforming building shall not be deemed the extension of a nonconforming use.
2. Expansion of Nonconforming Use; Limitations. Any expansion of a nonconforming use shall be by conditional use permit subject to the following limitations:
   1. No nonconforming use shall be extended to displace a conforming use.
   2. A nonconforming use of a building or lot shall not be changed to another nonconforming use whatsoever. Changes in use shall be made only to a conforming use.

1. No nonconforming building shall be moved in whole or in part to any other location on the lot or elsewhere, unless every portion of such building or structure is made to conform to all regulations of the zone in which it is relocated.
   

1. A nonconforming use may not be changed to or substituted by another use unless such other use is a conforming use, and the use shall not thereafter be changed back to a nonconforming use.
   

1. If a nonconforming building or business is damaged (less than 50 percent), and if it is allowed to be reconstructed subject to the provisions of CCNO 11-5, the owner shall be required to provide only the number of parking spaces which existed prior to the destruction.
2. If a nonconforming business expands, under a conditional use permit as allowed in CCNO 11-5, it shall, in addition to the parking spaces in existence prior to such expansion, be required to provide only the number of additional parking spaces necessitated by the expansion.

Whenever the boundaries of a zone shall be changed so as to transfer an area from one zone to another zone of a different classification, or for areas annexed into the city, the provisions of this chapter shall also apply to any nonconforming uses created by the boundary change or annexation.