Maintenance, repairs and structural alterations may be made to a noncomplying structure or to a structure housing a nonconforming use. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code)
10-5-2: ADDITIONS, ENLARGEMENTS AND MOVING:
A. A building or structure occupied by a nonconforming use and a building or structure noncomplying as to height, area or yard requirements shall not be added to or enlarged in any manner, or moved to another location on a lot, nor shall any nonconforming use of land be expanded on a lot, except as provided herein.
B. A building or structure occupied by a nonconforming use or a building or structure noncomplying as to height, area or yard regulations may be added to or enlarged or moved to a new location on the lot upon issuance of a conditional use permit by the planning commission after public hearing. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code)
10-5-3: ALTERATION WHERE PARKING INSUFFICIENT:
A building or structure lacking sufficient automobile parking space in connection therewith as required by this title may be altered or enlarged, provided additional off street automobile parking space is supplied to meet the basic requirements of this title for such alteration or enlargement. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)
10-5-4: RESTORATION OF DAMAGED STRUCTURES:
A noncomplying building or structure or a building or structure occupied by a nonconforming use which is substantially damaged or is destroyed by fire, flood, wind, earthquake or other calamity or act of God, or vandalism, etc., may be restored. The occupancy or use of such building or structure, or part thereof, which existed at the time of such damage or destruction may be continued or resumed; provided, that such restoration is started within a period of one year and is diligently pursued to completion in conformance with the ordinances of the city within two (2) years, and complies with all applicable codes. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code)
10-5-5: PREEXISTING USE MAY BE CONTINUED; PROVISIONS:
A structure utilized prior to the effective date hereof for a use which, after the effective date hereof, is nonconforming, may continue to be utilized for such nonconforming use unless the structure is vacated or the use ceases for a continuous period in excess of three hundred sixty five (365) calendar days. Land used prior to the effective date hereof for a purpose which, after the effective date hereof, is nonconforming, may continue to be so used; provided, that such nonconforming use is not ceased for a continuous period in excess of three hundred sixty five (365) calendar days. No such nonconforming use of land may in any way be expanded or extended, either in the same or on adjoining property, except as provided under subsection 10-5-2B of this chapter. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)
10-5-6: EFFECT OF VACATING NONCOMPLYING STRUCTURE AND CEASING NONCONFORMING USE:
A. A vacant structure may be occupied by a use for which the structure or structure was used, designed or intended, if so occupied within a period of three hundred sixty five (365) calendar days after the use became nonconforming.
B. However, a structure or portion thereof occupied by a nonconforming use which is, or hereafter becomes, vacant and remains unoccupied by said nonconforming use for a continuous period in excess of three hundred sixty five (365) calendar days, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.
C. Should a nonconforming use of land be ceased for a period in excess of three hundred sixty five (365) calendar days, any future use of such land shall be in conformity with the provisions of this title, and the previously authorized nonconforming use is expressly prohibited. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)
10-5-7: 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. 93-5, 7-6-1993, eff. 7-15-1993)
10-5-8: NONCOMPLYING MOBILE HOME UNITS:
A. If a noncomplying mobile home is removed from the premises, it cannot thereafter be returned, except: (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code)
1. If the mobile home is returned in sixty (60) days where such removal was upon order of the building official for correction of deficiencies or by decision of the owner for the purpose of correcting deficiencies; or
2. A new mobile home may be moved on the premises if:
a. Accomplished within sixty (60) days; and
b. The restored or new mobile home is owned by the same owner as the mobile home removed; and
c. Said mobile home is to be occupied for a continuous period of at least six (6) months by the same occupants as the mobile home removed.
B. Mobile home and recreational coach parks shall be licensed annually by the city council as businesses. Such licenses shall not be issued to nor renewed for mobile home and recreational coach parks that do not meet the minimum standards contained in this title or otherwise established by the city council. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)
10-5-9: TERMINATION OF NONCONFORMING USES:
The city council may in any ordinance provide for the termination of nonconforming uses either by specifying the period or periods in which nonconforming uses shall be required to cease, or providing a formula or formulas whereby the compulsory termination of a nonconforming use may be so fixed as to allow for the recovery or amortization of the investment and reasonable termination costs in the nonconforming use. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code)
North Salt Lake City Zoning Code
CHAPTER 5
NONCONFORMING USES AND NONCOMPLYING STRUCTURES
10-5-1: MAINTENANCE, REPAIRS AND ALTERATIONS:
Maintenance, repairs and structural alterations may be made to a noncomplying structure or to a structure housing a nonconforming use. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code)
10-5-2: ADDITIONS, ENLARGEMENTS AND MOVING:
A. A building or structure occupied by a nonconforming use and a building or structure noncomplying as to height, area or yard requirements shall not be added to or enlarged in any manner, or moved to another location on a lot, nor shall any nonconforming use of land be expanded on a lot, except as provided herein.
B. A building or structure occupied by a nonconforming use or a building or structure noncomplying as to height, area or yard regulations may be added to or enlarged or moved to a new location on the lot upon issuance of a conditional use permit by the planning commission after public hearing. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code)
10-5-3: ALTERATION WHERE PARKING INSUFFICIENT:
A building or structure lacking sufficient automobile parking space in connection therewith as required by this title may be altered or enlarged, provided additional off street automobile parking space is supplied to meet the basic requirements of this title for such alteration or enlargement. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)
10-5-4: RESTORATION OF DAMAGED STRUCTURES:
A noncomplying building or structure or a building or structure occupied by a nonconforming use which is substantially damaged or is destroyed by fire, flood, wind, earthquake or other calamity or act of God, or vandalism, etc., may be restored. The occupancy or use of such building or structure, or part thereof, which existed at the time of such damage or destruction may be continued or resumed; provided, that such restoration is started within a period of one year and is diligently pursued to completion in conformance with the ordinances of the city within two (2) years, and complies with all applicable codes. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code)
10-5-5: PREEXISTING USE MAY BE CONTINUED; PROVISIONS:
A structure utilized prior to the effective date hereof for a use which, after the effective date hereof, is nonconforming, may continue to be utilized for such nonconforming use unless the structure is vacated or the use ceases for a continuous period in excess of three hundred sixty five (365) calendar days. Land used prior to the effective date hereof for a purpose which, after the effective date hereof, is nonconforming, may continue to be so used; provided, that such nonconforming use is not ceased for a continuous period in excess of three hundred sixty five (365) calendar days. No such nonconforming use of land may in any way be expanded or extended, either in the same or on adjoining property, except as provided under subsection 10-5-2B of this chapter. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)
10-5-6: EFFECT OF VACATING NONCOMPLYING STRUCTURE AND CEASING NONCONFORMING USE:
A. A vacant structure may be occupied by a use for which the structure or structure was used, designed or intended, if so occupied within a period of three hundred sixty five (365) calendar days after the use became nonconforming.
B. However, a structure or portion thereof occupied by a nonconforming use which is, or hereafter becomes, vacant and remains unoccupied by said nonconforming use for a continuous period in excess of three hundred sixty five (365) calendar days, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.
C. Should a nonconforming use of land be ceased for a period in excess of three hundred sixty five (365) calendar days, any future use of such land shall be in conformity with the provisions of this title, and the previously authorized nonconforming use is expressly prohibited. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)
10-5-7: 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. 93-5, 7-6-1993, eff. 7-15-1993)
10-5-8: NONCOMPLYING MOBILE HOME UNITS:
A. If a noncomplying mobile home is removed from the premises, it cannot thereafter be returned, except: (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code)
1. If the mobile home is returned in sixty (60) days where such removal was upon order of the building official for correction of deficiencies or by decision of the owner for the purpose of correcting deficiencies; or
2. A new mobile home may be moved on the premises if:
a. Accomplished within sixty (60) days; and
b. The restored or new mobile home is owned by the same owner as the mobile home removed; and
c. Said mobile home is to be occupied for a continuous period of at least six (6) months by the same occupants as the mobile home removed.
B. Mobile home and recreational coach parks shall be licensed annually by the city council as businesses. Such licenses shall not be issued to nor renewed for mobile home and recreational coach parks that do not meet the minimum standards contained in this title or otherwise established by the city council. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)
10-5-9: TERMINATION OF NONCONFORMING USES:
The city council may in any ordinance provide for the termination of nonconforming uses either by specifying the period or periods in which nonconforming uses shall be required to cease, or providing a formula or formulas whereby the compulsory termination of a nonconforming use may be so fixed as to allow for the recovery or amortization of the investment and reasonable termination costs in the nonconforming use. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code)