Richfield City Zoning Code

The following provisions are provided to establish procedures for determining the existence of a nonconforming use, a noncomplying structure, or other legal nonconformity, including noncomplying parcels, lots and signs, and other matters related.

HISTORY:

Ord. 2024-6, 4/23/2024

Except as provided in this Chapter, a nonconforming use or noncomplying structure, as determined by the provisions of this Section may be continued by the present or a future property owner.

1. A nonconforming use may be extended through the same building, provided no structural alteration of the building is proposed or made for the purpose of the extension.
2. For purposes of this Subsection (B), the addition of a solar energy device to a building is not a structural alteration.
3. The Commission may provide for the expansion of nonconforming uses upon issuance of a Conditional Use Permit.
4. The City shall not prohibit the reconstruction or restoration of a noncomplying structure or terminate the nonconforming use of a structure that is involuntarily destroyed in whole or in part due to fire or other calamity unless the structure or use has been abandoned.

HISTORY:

Ord. 2024-6, 4/23/2024

1. The Zoning Administrator is hereby authorized as the Land Use Authority to review and render a decision determining the existence of a nonconforming use, a noncomplying structure, or other legal nonconformity.
2. The Zoning Administrator is hereby authorized as the Land Use Authority to review and render a decision concerning any disputes relating to the abandonment of structures associated with a nonconforming use or noncomplying structure.

HISTORY:

Ord. 2024-6, 4/23/2024

All requests for a determination of the existence of a nonconforming use, noncomplying structure, or other legal nonconformity shall be initiated by filing the necessary Application, in the Office of the City Recorder. A property owner may present an Application for review and decision by the Zoning Administrator. An agent of the property owner, or a lessee of the property, may present an Application for a determination of the existence of a nonconforming use, noncomplying structure, or other legal nonconformity or review and decision, provided such application is accompanied by a property owner affidavit of authorization.

HISTORY:

Ord. 2024-6, 4/23/2024

All Applications for a determination of the existence of a nonconforming use, noncomplying structure, or other legal nonconformity, as applicable are required to comply with all requirements of this Chapter and this Ordinance. All Applications shall be determined complete by the Zoning Administrator, as provided by 17.18.060 herein. For Applications determined to be incomplete, the Zoning Administrator shall comply with the requirements of 17.18.070 herein.

HISTORY:

Ord. 2024-6, 4/23/2024

The property owner shall have the burden of establishing the legal existence of a nonconforming use, noncomplying structure or other nonconformity.

HISTORY:

Ord. 2024-6, 4/23/2024

1. The procedures for the review and consideration of a determination of the existence of a nonconforming use, noncomplying structure, or other legal nonconformity Application are identified herein.
2. The Zoning Administrator is identified as the Land Use Authority for Applications for a determination of the existence of a nonconforming use, noncomplying structure, or other legal nonconformity, and is authorized by this Chapter to render a decision for such Applications, with findings.

HISTORY:

Ord. 2024-6, 4/23/2024

All Determinations of Existence of a Nonconforming Use, Noncomplying Structure, or other Legal Nonconformity Applications shall include and provide the following information:

1. A complete Application.
2. Application fees, as established by the City's Consolidated Fee Schedule.
3. Other information, as may be determined necessary by the Applicant(s), to clearly establish the existence of a nonconforming use, noncomplying structure, lot, sign, or other nonconformity on the date of adoption of this Ordinance, or prior enactments thereof, and compliance with all requirements of this Chapter and this Ordinance, and all compliance with all requirements of prior enactments thereof.

HISTORY:

Ord. 2024-6, 4/23/2024

The Zoning Administrator shall review the Application and determine if the Application, from the materials presented by the Applicant, the existence of a legal nonconforming use, legal noncomplying structure, or other legal nonconformity complies with the following:

1. The use, structure, or other nonconformity is not an allowed use, structure, or other activity allowed within the Zoning District.
2. From the evidence presented by the Applicant, who shall have the burden of establishing the legal existence of the nonconforming use, noncomplying structure, or other nonconformity, as provided by the Act, that sufficient information, documentation and other materials have been presented by the Applicant to clearly establish that the use, structure, or other nonconformity, which is the subject of the Application, legally existed on the date of adoption of this Ordinance, and complied with all prior enactments of this Ordinance.

HISTORY:

Ord. 2024-6, 4/23/2024

1. If the Zoning Administrator finds that the use, structure, or other nonconformity, which is the subject of the Application, legally existed on the date of adoption of this Ordinance, as adopted, and all other Land Use Ordinances and requirements, as applicable, and complied with all prior enactments thereof, the Application shall be approved. Following the approval by the Zoning Administrator, the Applicant may apply for other necessary approvals, licenses, or permits, as may be applicable and authorized by this Chapter.
2. If the Zoning Administrator finds that the use, structure, or other nonconformity, which is the subject of the Application, did not legally exist on the date of adoption of this Ordinance, as adopted, and all other Land Use Ordinances and requirements, as applicable, and did not comply with all prior enactments thereof, the Application shall be denied and no other approvals, licenses, or permits shall be approved that are related to the use, structure, or other nonconformity.

HISTORY:

Ord. 2024-6, 4/23/2024

1. A finding by the Zoning Administrator of the existence of a noncomplying use, noncomplying structure, lot, sign, or other nonconformity shall not authorize the establishment, restoration, reconstruction, extension, alteration, expansion, or substitution of any nonconforming use, noncomplying structure, lot, sign, or other nonconformity.
2. Following a decision by the Zoning Administrator, the Zoning Administrator shall provide the Applicant with a written notice of the decision. The written record of all Applications shall be maintained on file by the Zoning Administrator and City Recorder.
3. A finding by the Zoning Administrator of the existence of a noncomplying use, noncomplying structure, lot, sign, or other nonconformity shall not be deemed an approval of any other application, permit, or license.
4. A finding by the Zoning Administrator of the existence of a noncomplying use, noncomplying structure, lot, sign, or other nonconformity shall allow the filing of an Application for any necessary approval, permit, or license, as may be required by this Ordinance, as adopted, and all other Land Use Ordinances and requirements, as applicable.

HISTORY:

Ord. 2024-6, 4/23/2024

Following a determination by the Zoning Administrator of the existence of a nonconforming use or noncomplying structure, the use or structure shall comply with the following requirements:

1. A nonconforming use or noncomplying structure may be continued by the present or future property owner.
2. A nonconforming use or noncomplying structure may be extended through the same building, provided no structural alteration of the building is proposed or made for the purposes of the extension. As provided by 17.18.020 herein the addition of a solar energy device to a building is not a structural alteration.
3. The expansion of a nonconforming use or noncomplying structure may be allowed upon the Commission issuing a Conditional Use Permit. 
4. Necessary maintenance and repairs of a noncomplying structure or which may be made to a structure housing a  nonconforming use by following the procedures for any approval, permit, or license, including the issuance of a Building Permit, for such maintenance and repairs, as required by this Ordinance, as adopted, and all other Land Use Ordinances and requirements, as applicable.
5. The City may require the termination of a nonconforming use by providing a formula establishing a reasonable time period during which the owner can recover or amortize the amount of their investment in the nonconforming use.
6. The City may not terminate a nonconforming use of a structure that is involuntarily destroyed in whole or in part due to fire or other calamity unless the use has been abandoned. 
7. A nonconforming use or noncompliance of a structure shall terminate if:
8. The structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six (6) months after written notice is provided to the property owner, by the Zoning Administrator, that the structure is uninhabitable and that the nonconforming use will be lost if the structure is not repaired or restored within six (6) months.
9. The property owner has voluntarily demolished a majority of the building that houses the nonconforming use.
10. Change in Use. A  nonconforming use may only be changed to a use allowed in the Table of Uses for the Zoning District in which the property is located, by following the approval procedures for such use, as required by this Ordinance, as adopted, and all other Land Use Ordinances and requirements, as applicable.

HISTORY:

Ord. 2024-6, 4/23/2024

This Section shall apply to legal undeveloped noncomplying lots or parcels.

1. A legal lot of record, or any parcel of record, legally existing on the date of adoption of this Ordinance shall:
2. Be eligible for a Building Permit authorizing the construction of one (1) single family dwelling, complying with the provisions of this Ordinance, as adopted, and all other Land Use Ordinances and requirements, as applicable, even though such lot or parcel may not conform to the requirements of the Zoning District in which the legal noncomplying lot or parcel is located. provided:
3. That such lot or parcel of land is located in a Zoning District that allows single family dwellings, and
4. The proposed construction can qualify for the issuance of a Building Permit for a single-family dwelling, as required by the Building Codes as adopted.

HISTORY:

Ord. 2024-6, 4/23/2024

This Section shall apply to signs that were legal on the date of adoption of this Ordinance but which may now be a noncomplying structure.

1. A legal noncomplying sign shall not be enlarged.
2. A legal noncomplying sign shall not be moved or replaced, except to bring the sign into compliance with this Ordinance, as adopted, and all other Land Use Ordinances and requirements, as applicable.
3. The text message of a legal noncomplying sign may be changed if such changes do not create any new nonconformities or other noncompliance.
4. A legal noncomplying sign shall be considered abandoned if it advertises a business, service, commodity, or other activity that has been discontinued for a minimum period of one (1) year.

HISTORY:

Ord. 2024-6, 4/23/2024

The City may terminate a nonconforming use, except billboards, by providing a formula establishing a reasonable time period during which the owner can recover or amortize the amount of his investment in the nonconforming use, if any.

HISTORY:

Ord. 2024-6, 4/23/2024

1. Any party claiming a legal nonconforming use has been abandoned shall have the burden of establishing the abandonment.
2. Abandonment may be presumed to have occurred if:
3. A majority of the primary structure associated with the nonconforming use has been voluntarily demolished without prior written agreement with the City regarding an extension of the nonconforming use.
4. The use has been discontinued for a minimum period of one (1) year; or
5. The primary building associated with the nonconforming use remains vacant for a minimum period of one (1) year.
6. The property owner may rebut the presumption of abandonment under this Section and shall have the burden of establishing that any claimed abandonment under this Section has not in fact occurred. The Zoning Administrator shall have authority to review and decide all disputes relating to abandonment of structures associated with a nonconforming use, noncomplying structure, or other nonconformity.
7. The City may terminate the nonconforming use status of a school district or charter school use or structure when the property associated with the school district or charter school use or structure ceases to be used for school district or charter school purposes for a minimum period of one (1) year.

HISTORY:

Ord. 2024-6, 4/23/2024

The Zoning Administrator and City Recorder shall maintain all Determinations of a Nonconforming Use/Noncomplying Structure/Other Legal Nonconformity Applications on file.

HISTORY:

Ord. 2024-6, 4/23/2024

The approval of a Determination of a Nonconforming Use/Noncomplying Structure/Other Legal Nonconformity Application by the Zoning Administrator shall be revoked by the Zoning Administrator if the Zoning Administrator finds that the approval was obtained in a fraudulent manner.

HISTORY:

Ord. 2024-6, 4/23/2024

Any person aggrieved by a decision of the Zoning Administrator related to a nonconforming use, noncomplying structure, or other nonconformity may appeal the decision to the Commission, as provided by 17.21 herein.

HISTORY:

Ord. 2024-6, 4/23/2024