Rawlins City Zoning Code

An unlawful building or structure, or unlawful use of a building, structure, lot or land existing at the effective date of the ordinance codified in this title shall not be deemed to be a nonconforming building, structure or use within the meaning of the provisions of this chapter.

(Ord. No. 9-89(part))

A.

All legal uses of property which exist as of May 15, 1989, or prior thereto, but which do not conform in all respects to the terms and conditions of this ordinance, shall be allowed to continue, subject to the terms and conditions found in this chapter, with the following exceptions:

1.

Industrial uses located in a residential zone.

2.

Junk yard located in a residential zone.

3.

Commercial uses with outside sales or storage located in a residential zone.

B.

Those excepted uses named in Subsection A shall be ceased or terminated or relocated to a proper zone within the following time periods based upon the value of the business which may be lost as a result of moving the non-conforming use to a proper zone:

1.

Where the value is less than $100,000 - 2 years.

2.

Where the value is $100,000 or more, but less than $200,000 - 4 years.

3.

Where the value is more than $200,000 - 6 years.

C.

The value of the business mentioned in Subsection B shall be the difference in the value of the business as located currently as a non-conforming use and the value of the business if located in a proper zone, including, but not limited to, the cost of moving the business to a proper zone. Such value may be established by such reasonable means as are available to the City and the owner of the non-conforming use which can be anticipated to reasonably appraise the values of the business. In the event that the value estimated by the City is not accepted by the owner of the use, the owner shall have the right to file an objection and demand an evidentiary hearing before the Planning Commission to establish the value, subject to the following conditions:

1.

The objection by the owner shall be filed with the Community Development Office in writing not later than ten (10) days following the mailing of the letter establishing the value by the City to the owner's last known address by first class mail, with proper postage attached.

2.

The hearing shall be scheduled before the Planning Commission not more than sixty (60) days after the date the objection is received by the City, unless continued for valid cause.

3.

All documents, or true and accurate copies thereof, which are to be used by the owner of the use at the hearing, together with the name and address of any witness anticipated to be called, to establish the value of the business shall be delivered by the owner to the City Community Development Office not less than five (5) days prior to the scheduled hearing. The City shall provide copies to the owner of any and all documents, and the name and address of any anticipated witnesses, which are anticipated to be called at the hearing to establish or dispute value not less than five (5) days before the scheduled hearing.

4.

The burden of proving the value of the business in excess of that established by the City shall be on the owner of the use.

5.

The Planning Commission shall have not more than ten (10) days following the hearing to issue a written opinion of the value established at the hearing.

6.

Any appeal of the decision of the Planning Commission must be taken in writing not more than ten (10) days after the issuance of the decision and shall be taken to the Carbon County District Court.

(Ord. No. 9-89(part); Ord. No. 6-93, 6-1-1993)

A.

The owner of a nonconforming use may apply to the Board of Adjustments for a variance from the strict application of the amortization schedule for the removal of certain non-conforming uses found in 19.52.020 under the following conditions:

1.

The owner of the use or property has the burden of proof that each of the conditions are fully met.

2.

The application shall be submitted in writing to the Community Development/Planning Office. It shall contain information which identifies and describes the previous or existing use, the proposed use and its probable effects upon the neighborhood, the name and address of the owner and applicant, and the location of the subject property.

3.

The proposed use must not change the character of the neighborhood as it now exists.

4.

The proposed use would not be more detrimental to the neighborhood than the existing or previous use.

5.

There is not substantial opposition to the proposed use from the community at the proposed location.

6.

There is no significant conforming use which can be made of the property at this time without an economic investment which would destroy the profitability of the property, or render such highly unlikely.

7.

There is a limit on the length of time the proposed non-conforming use will be in existence and that it will be replaced by a conforming use. The time may be limited as of a specific date or an event certain in the future.

B.

In the event that an application described above is received by the Community Development/Planning Office such shall be advertised as required for a special use permit, and sufficient fees collected from the applicant to cover the costs of publication and other expenses at such rate as may be established by resolution of the City Council as per Title 1 of this code. The application will then be placed upon the appropriate agenda for action. Appeals from any action shall be taken as described in Section 19.52.020.

(Ord. No. 6-93, 6-1-1993; Ord. No. 08a-2008, 8-19-2008)

A.

If a building or structure used by a nonconforming use is damaged it may be reconstructed, or used as before; provided that the floor area which existed prior to the damage not be increased, and that reconstruction commence within six months of such happening, and be completed within one year after reconstruction is started.

B.

A nonconforming building or structure that is devoted to a conforming use may be reconstructed, structurally altered, restored or repaired in whole or in part, provided the degree of nonconformity is not increased.

(Ord. No. 9-89(part))

A nonconforming use shall be deemed to have been terminated and shall not thereafter be reinstated:

A.

When it is changed to a conforming use;

B.

When it has been discontinued or unavailable to the normal market for that use for a period of six consecutive months.

(Ord. No. 9-89(part))

A nonconforming use shall be deemed to have been terminated and shall not thereafter be reinstated:

A.

When it is changed to a conforming use;

B.

When it has been discontinued or unavailable to the normal market for that use for a period of six consecutive months;

C.

When such use has been abandoned by its owner.

(Ord. No. 9-89(part))

Normal maintenance and repairs of a building or other structure containing a nonconforming use is permitted, provided it does not extend the floor area occupied by nonconforming use.

(Ord. No. 9-89(part))