Roosevelt City Zoning Code

This Chapter regulates the continued existence of nonconforming uses and noncomplying structures as defined in Chapter R17.01. While nonconforming uses, noncomplying structures and improvements may continue, this chapter is intended to limit enlargement, alteration, restoration, or replacement which would increase the discrepancy between existing conditions and the development standards prescribed by this Code. In addition, applications are reviewed to ensure that they are reducing the degree of nonconformity and improving the physical appearance of the structure and site through such measures as landscaping, building design, or the improved function of the use in relation to other uses. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 4, 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360.)

Ord. 2024-441, 12/3/2024

1. The owner shall bear the burden of establishing that any nonconforming use or noncomplying structure lawfully exists.
2. The Zoning Administrator shall determine the nonconforming or noncomplying status of properties, uses, and structures. Any decision of the Zoning Administrator may be appealed within ten (10) calendar days to the appeal authority as outlined in Chapter R17.03.

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 4, 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360.)

Ord. 2024-441, 12/3/2024

1. A lawful nonconforming use or noncomplying structure may continue by the present or a future property owner subject to the standards and limitations of this Chapter.
2. A noncomplying structure that was lawfully constructed with a permit prior to a contrary change in this Code may be used and maintained, subject to the standards and limitations of this Chapter.

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 4, 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360.)

Ord. 2024-441, 12/3/2024

1. A nonconforming use that is discontinued for a continuous period of twelve (12) months is presumed abandoned and shall not thereafter be reestablished or resumed. Any subsequent use of the building, structure, or land must conform to the regulations for the zone in which it is located.
2. The presumption of abandonment may be rebutted upon showing that:
3. Any period of discontinued use was caused by governmental actions or an act of God without any contributing fault by the owner, and the owner did not intend to discontinue the use; or
4. The owner can demonstrate no abandonment of the use.

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 4, 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360.)

Ord. 2024-441, 12/3/2024

No nonconforming use may be moved, enlarged, altered or occupy additional land, except as provided in this Chapter.

1. A nonconforming use may not be enlarged, expanded, or extended to occupy all or part of another structure or site that it did not occupy on the date on which the use became nonconforming. A nonconforming use may be extended through the same structure provided no structural alteration of the structure is proposed or made for the purpose of the extension, and the parking demand is not increased.
2. Exterior or interior remodeling or improvements to a structure containing a nonconforming use shall be allowed, provided there is no expansion of the area of the nonconforming use.
3. A structure containing a nonconforming use may not be moved unless the use shall thereafter conform to the regulations of the zone into which the structure is moved.
4. Whenever any nonconforming use is changed to a conforming use, such use shall not later be changed back to a nonconforming use.
5. Application for any nonconforming use must be made upon forms provided by the City Recorder. Upon filing of a complete application, the City shall post the property indicating that an application for modification of a nonconforming use has been filed and that more detailed information may be obtained from the City.
6. Notice shall be provided pursuant to Utah State law as amended.
7. Within thirty (30) working days of the receipt of a complete application, and after giving proper notice, the Zoning Administrator shall hold a public meeting on the nonconforming use application. The Zoning Administrator shall either grant the application in whole or in part, with or without modifications or conditions, or deny the application. The Zoning Administrator’s decision shall be made pursuant to criteria provided below.
8. The Zoning Administrator shall approve an application to change a nonconforming use to another nonconforming use if the applicant proves the following criteria:
9. All reasonable measures will be undertaken to alleviate or reduce the incompatibility or adverse effects of the nonconforming use or building upon abutting properties or in the neighborhood; and
10. All changes, additions, or expansions comply with all current laws except as to use; and
11. The new use, if applicable, will provide for enclosed storage of necessary equipment, materials, and refuse, rather than create a need for additional outside storage; and
12. The new use does not increase the parking requirement; or if there is an increase, the site plan meets the parking requirement and the Zoning Administrator finds that adjoining properties and the neighborhood will not be adversely impacted by the increased parking demand.

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 4, 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360.)

Ord. 2024-441, 12/3/2024

HISTORY:

Ord. 2024-441, 12/3/2024

The owner may complete normal maintenance and incidental repair on a noncomplying structure or a complying structure that contains a nonconforming use. This Chapter shall not be construed to authorize any violations of law nor to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of the Building Official who declares such structure to be unsafe and orders its restoration to a safe condition. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 4, 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360.)

Ord. 2024-441, 12/3/2024

Appeal from a decision made by the Zoning Administrator made pursuant to this Chapter shall be made to the Appeal Authority. Any person filing an appeal for review of any decision made under the terms of this Chapter shall file such appeal within fourteen (14) days after the date of the Zoning Administrator’s final decision pursuant to the process outlined in Chapter R17.03. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 4, 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360.)

Ord. 2024-441, 12/3/2024