Maintenance, repairs and structural alterations may be made to a noncomplying structure or to a structure housing a noncomplying use. (Ord. 2008-002, 2008)
18.10.020: ADDITIONS, ENLARGEMENTS AND MOVING:
A. A building or structure occupied by a noncomplying 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 noncomplying use of land be expanded on a lot, except as provided herein.
B. A building or structure occupied by a noncomplying 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. The planning commission may schedule a public hearing on a request to add, enlarge or move a nonconforming use or structure if deemed necessary. (Ord. 2008-002, 2008)
18.10.030: ALTERATION WHERE PARKING INSUFFICIENT:
A building, structure or use 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. 2008-002, 2008)
18.10.040: RESTORATION OF DAMAGED STRUCTURES:
A noncomplying building or structure, or a building or structure occupied by a noncomplying use, which is substantially damaged or is destroyed by fire, flood, wind, earthquake or other calamity or natural disaster, or vandalism, etc., may be restored. The occupancy or use of such building, 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 three hundred sixty five (365) calendar days immediately following the date of damage or destruction, 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. 2008-002, 2008)
18.10.050: PREEXISTING PROVISIONS:
A structure utilized prior to the effective date hereof for a use, which after the effective date hereof is noncomplying, may continue to be utilized for such noncomplying use, unless the structure is vacated or the use ceased 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 noncomplying, may continue to be so used; provided, that such noncomplying use is not ceased for a continuous period in excess of three hundred sixty five (365) calendar days. No such noncomplying use of land may in any way be expanded or extended, either in the same or on adjoining property, except as provided under section 18.10.020 of this chapter. (Ord. 2008-002, 2008)
18.10.060: VACATING AND CEASING NONCOMPLYING USES:
A. A vacant structure may be occupied by a use for which the structure was previously used, designed or intended, if so occupied within a period of three hundred sixty five (365) calendar days after the use became noncomplying.
B. However, a structure or any portion thereof occupied by a noncomplying use which is, or hereafter becomes, vacant and remains unoccupied by said noncomplying 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 zoning district in which it is located.
C. Should a noncomplying use of land cease 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 noncomplying use is expressly prohibited. (Ord. 2008-002, 2008)
18.10.070: EFFECT OF CHANGE OF USE:
The noncomplying 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 noncomplying use. (Ord. 2008-002, 2008)
18.10.080: NONCOMPLYING MOBILE HOME UNITS:
A. Conditions Permitting Return After Removal: If a noncomplying mobile home is removed from the premises, it cannot thereafter be returned, except:
1. If the mobile home is returned within thirty (30) 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 onto the premises if:
a. Accomplished within thirty (30) days of the removal of the removed mobile home and the restored or new mobile home is owned by the same owner as the mobile home removed; and
b. Said mobile home is to be occupied for a continuous period of at least six (6) months by the same occupants of the mobile home removed.
B. Parks; Licensing Required: Manufactured, modular or mobile home parks 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. 2008-002, 2008)
18.10.090: TERMINATION OF NONCOMPLYING USES:
A. Permitted: The city council may, in any zoning ordinance or amendment, provide for the termination of noncomplying uses, except billboards, by providing a formula establishing a reasonable time period during which the owner can recover or amortize the amount of his/her investment in the noncomplying use.
B. Billboards1: The termination of a billboard that is a noncomplying use by the city council may occur by acquiring the billboard and associated property rights through:
1. Gift;
2. Purchase;
3. Agreement;
4. Exchange; or
5. Eminent domain. (Ord. 2008-002, 2008)
Price City Zoning Code
CHAPTER 18
10 NONCOMPLYING USES AND STRUCTURES
18.10.010: MAINTENANCE, REPAIRS AND ALTERATIONS:
Maintenance, repairs and structural alterations may be made to a noncomplying structure or to a structure housing a noncomplying use. (Ord. 2008-002, 2008)
18.10.020: ADDITIONS, ENLARGEMENTS AND MOVING:
A. A building or structure occupied by a noncomplying 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 noncomplying use of land be expanded on a lot, except as provided herein.
B. A building or structure occupied by a noncomplying 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. The planning commission may schedule a public hearing on a request to add, enlarge or move a nonconforming use or structure if deemed necessary. (Ord. 2008-002, 2008)
18.10.030: ALTERATION WHERE PARKING INSUFFICIENT:
A building, structure or use 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. 2008-002, 2008)
18.10.040: RESTORATION OF DAMAGED STRUCTURES:
A noncomplying building or structure, or a building or structure occupied by a noncomplying use, which is substantially damaged or is destroyed by fire, flood, wind, earthquake or other calamity or natural disaster, or vandalism, etc., may be restored. The occupancy or use of such building, 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 three hundred sixty five (365) calendar days immediately following the date of damage or destruction, 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. 2008-002, 2008)
18.10.050: PREEXISTING PROVISIONS:
A structure utilized prior to the effective date hereof for a use, which after the effective date hereof is noncomplying, may continue to be utilized for such noncomplying use, unless the structure is vacated or the use ceased 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 noncomplying, may continue to be so used; provided, that such noncomplying use is not ceased for a continuous period in excess of three hundred sixty five (365) calendar days. No such noncomplying use of land may in any way be expanded or extended, either in the same or on adjoining property, except as provided under section 18.10.020 of this chapter. (Ord. 2008-002, 2008)
18.10.060: VACATING AND CEASING NONCOMPLYING USES:
A. A vacant structure may be occupied by a use for which the structure was previously used, designed or intended, if so occupied within a period of three hundred sixty five (365) calendar days after the use became noncomplying.
B. However, a structure or any portion thereof occupied by a noncomplying use which is, or hereafter becomes, vacant and remains unoccupied by said noncomplying 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 zoning district in which it is located.
C. Should a noncomplying use of land cease 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 noncomplying use is expressly prohibited. (Ord. 2008-002, 2008)
18.10.070: EFFECT OF CHANGE OF USE:
The noncomplying 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 noncomplying use. (Ord. 2008-002, 2008)
18.10.080: NONCOMPLYING MOBILE HOME UNITS:
A. Conditions Permitting Return After Removal: If a noncomplying mobile home is removed from the premises, it cannot thereafter be returned, except:
1. If the mobile home is returned within thirty (30) 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 onto the premises if:
a. Accomplished within thirty (30) days of the removal of the removed mobile home and the restored or new mobile home is owned by the same owner as the mobile home removed; and
b. Said mobile home is to be occupied for a continuous period of at least six (6) months by the same occupants of the mobile home removed.
B. Parks; Licensing Required: Manufactured, modular or mobile home parks 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. 2008-002, 2008)
18.10.090: TERMINATION OF NONCOMPLYING USES:
A. Permitted: The city council may, in any zoning ordinance or amendment, provide for the termination of noncomplying uses, except billboards, by providing a formula establishing a reasonable time period during which the owner can recover or amortize the amount of his/her investment in the noncomplying use.
B. Billboards1: The termination of a billboard that is a noncomplying use by the city council may occur by acquiring the billboard and associated property rights through: