The purpose of this zone is to allow existing legal nonconforming uses in the General Commercial Zone to be considered as permitted uses in the General Commercial Zone. This zone shall be an overlay zone in the General Commercial Zone when it is applied to a parcel of property. (Ord. 2012-09, 6-19-2012)

   A.   Any property owner or user of property in the General Commercial Zone and whose property was rezoned by the City of North Salt Lake to general commercial on February 7, 2012, may apply to have this overlay zone applied to their use and property.

   B.   In order to have standing to apply for this overlay zone, an owner or user of the property must have been the legal owner or user of the property on February 7, 2012, and a written application must be filed within twenty four (24) months of February 7, 2012. Applicants with standing should file an application with the City Recorder. Such application must contain the following information:

      1.   The signature(s) of the property owner(s), together with evidence that they were the property owner on February 7, 2012;

      2.   A description of and zoning map depicting the property to which the zone is being requested to apply consisting of the Davis County parcel identification numbers;

      3.   A specific description of the current existing uses and nonconforming uses of the property;

      4.   A specific identification of the existing buildings or other structures used for the nonconforming uses identified; and

      5.   The date when the legal nonconforming use first began on the property, the previous zoning designation for the property, and the date of the zone change which rendered the use nonconforming.

      6.   Payment of a rezoning application fee as listed in the North Salt Lake City fee schedule.

   C.   If the City planning staff deems the application to be substantially complete it shall submit the application to the City Planning Commission for its recommendation to the City Council. If the application is incomplete it shall be returned to the applicant with instructions on what information is needed to complete the application. (Ord. 2012-09, 6-19-2012)

   A.   Once the application is complete it shall be noticed and scheduled for a public hearing before the City Planning Commission at its next regularly scheduled meeting. The Planning Commission shall process that application as it would a request to amend the City zoning map. The City Planning Commission shall make a recommendation to the City Council as to whether or not the City Council should apply the overlay zone to the property pursuant to the submitted application.

   B.   The City Planning Commission shall recommend positively that the City Council grant the application for the overlay zone designation on the property if it appears from the application that the described existing use of the property is a legal nonconforming use as defined in Utah Code 10-9a-103(32) and section 10-1-47 of this title. (Ord. 2012-09, 6-19-2012)

Upon a recommendation from the City Planning Commission, the City Council shall, at its next regularly scheduled meeting, if practical, consider the application of the overlay zone to the property applied for as it would any application for a zone change within the City. The City Council shall approve the application for the overlay zone designation on the property if it appears from the application that the described use of the property is a legal nonconforming use as defined in Utah Code 10-9a-103(32) and section 10-1-47 of this title, unless findings to the contrary deem such a zone change, in the opinion of the City Council, contrary to the best interest of the City. (Ord. 2012-09, 6-19-2012)

   A.   If the overlay zone designation is granted by the City Council, the specified existing use as specifically described in the application, as that use is updated or upgraded from time to time, including remodeling and expansion to comply with Federal, State and local laws, ordinances and regulations, shall be considered a permitted use for that parcel of property and the City's zoning (land use) map shall be amended to reflect the application of the overlay zone to the parcel of property.

   B.   The use of the parcel of property under the overlay zone designation shall enjoy all the rights, protections and benefits of any other permitted use in the General Commercial Zone as if specifically identified as a permitted use in the City's General Commercial Zone text, including the right to modify, reconstruct or construct structures associated with such permitted use.

   C.   The specifically identified use may continue indefinitely as a permitted use unless the use is abandoned. (Ord. 2012-09, 6-19-2012)

   A.   Abandonment of the permitted manufacturing use shall be presumed to have occurred if:

      1.   A majority of the primary structure associated with the manufacturing use has been voluntarily demolished without prior written agreement with the City regarding an extension of the overlay zone permitted manufacturing use; or

      2.   The manufacturing use has been discontinued for one year, not including time associated with repairing, upgrading or replacing structures associated with the use; or

      3.   The primary structure associated with the manufacturing use remains vacant for a period of one year, not including time associated with repairing, upgrading or replacing structures associated with the use.

   B.   The property owner may rebut the presumption of abandonment under the provisions of section 10-2-2 of this title regarding appeals, and shall have the burden of establishing that any claimed abandonment has not in fact occurred. (Ord. 2012-09, 6-19-2012)