Ogden City Zoning Code
ARTICLE XII
Nonconforming Lots and Uses
§ 300-98 Continuation of uses.
The following provisions shall apply to all buildings and uses existing on the effective date of this chapter which do not conform to the requirements set forth in this chapter and to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter:
A.
Any nonconforming use of buildings or open land may be continued, except that the same shall not be:
(1)
Enlarged, altered, extended, reconstructed or restored, except as provided in Subsection A(5), or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever.
(2)
Moved to another location where such use would be nonconforming.
(3)
Changed to another nonconforming use without approval by the Board of Appeals, and then only to a use which, in the opinion of the Board of Appeals, is of the same or of a more restricted nature.
(4)
Reestablished if such use has been discontinued for any reason for a period of one year or more or has been changed to or replaced by a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.
(5)
Restored for other than a conforming use after damage for any reason exceeding 75% of its assessed value or its bulk. If the restoration of a building whose damage does not exceed 75% of its assessed value or its bulk is not completed within a one-year period, the nonconforming use of such building shall be deemed to have been discontinued.
§ 300-99 Maintenance, repair and enlargement.
Nothing in this article shall be deemed to prevent normal maintenance and repair, structural alteration in or the reconstruction or enlargement of a noncomplying building, provided that such action does not increase the degree of or create any new nonconformity or noncompliance with regard to the regulations pertaining to such buildings.
§ 300-100 Lots.
A.
Preexisting nonconforming lots. Nonconforming lots in existence or having received preliminary subdivision approval by the Planning Board shall be eligible for development. The setbacks applied to these lots shall be those of the residential district lot size which most closely approximates the size of the preexisting nonconforming lot.
B.
Combination of substandard lots. Two or more lots of record which exist on the effective date of adoption or amendment of this chapter shall be considered to be used and/or sold as one undivided parcel consistent with the area requirements of the applicable district if all of the following circumstances pertain:
(1)
The lots are in one ownership.
(2)
One or more of the lots in question do not meet the minimum area and/or width requirements of the applicable zone district.
(3)
The lots are not separated by intervening parcels of different ownerships.
(4)
No more than one lot is developed with a legally established building at the time this chapter is adopted or amended making the parcel(s) in question nonconforming.
(5)
The lots in question are otherwise in compliance with the provisions of this chapter.