Zoneomics Logo
search icon

Saratoga City Zoning Code

CHAPTER 18

66 NONCONFORMITIES

§ 18.66.010 Purpose and intent.

A. 
It is recognized that there exists within the districts established by this title and subsequent amendments, lots, structure and uses of land and structure which were lawful before the ordinance codified in this title was adopted, which would be prohibited, regulated or restricted under the terms of this title or future amendments.
B. 
Such use are declared by this title to be incompatible with permitted uses in the districts involved. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
C. 
To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this title and upon which actual building construction has been diligently carried on. "Actual construction" is defined to include the placing of construction material in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction; provided, that work shall be diligently carried on until completion of the building involved.
(Ord. 399 § 1(328-47-(1) (part)), 1980)

§ 18.66.020 Nonconforming lots.

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided, that yard dimensions and other requirements not involving areas or width, or both, that are generally applicable in the district; provided, that yard dimensions and other requirements not involving area or width, or both, of the lot, shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the planning commission.
(Ord. 399 § 1(32.8-47-(1) (a)), 1980)

§ 18.66.030 Nonconforming uses of land.

Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this title as enacted or amended such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
A. 
No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this title.
B. 
No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this title.
C. 
If such nonconforming use of land ceases for any reason for a period of more than thirty days, any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located.
(Ord. 399 § 1(328-47-(1)(b)), 1980)

§ 18.66.040 Nonconforming structures.

Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this title by reason of restrictions on area lot coverage, height, yards or other characteristics of the structure or location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. 
No such structure may be enlarged or altered in a way which increases its nonconformity; for example, existing residences on lots of a width less than required in this chapter may add a rear porch; provided, that other requirements relative to yard space are met.
B. 
Should such structure be destroyed by any means to an extent of more than sixty percent of its replacement cost, exclusive of the foundation at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title.
C. 
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Ord. 399 § 1(328-47-(1) (c)), 1980)

§ 18.66.050 Nonconforming use of structures and land.

If a lawful use of a structure or of a structure and land in combination exists at the effective date of adoption or amendment of the ordinance codified in this title, that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. 
No existing structure devoted to a use not permitted by this title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located.
B. 
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance codified in this title, but no such use shall be extended to occupy any land outside such building.
C. 
Any structure housing a nonconforming use which has been damaged by fire or a calamity other than natural deterioration may be restored to its original condition; provided, that the floor area which existed prior to such damage remains the same, the work is commenced within six months of such happening and reconstruction is completed within one year.
D. 
Any structure or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located and the nonconforming use may not thereafter be resumed.
E. 
When a nonconforming use or a structure, or structure and premises in combination is discontinued or ceases to exist, the structure or structure and premises in combination shall not thereafter be used except in conformance with the regulation of the district in which it is located unless a variance is granted for such use.
F. 
An existing mobile home in an RD6000 zoning district on a nonconforming lot, meaning any lot less than six thousand square feet, may be removed and replaced with a newer mobile home provided all of the following conditions are met:
1. 
A minimum side yard setback of five feet is maintained;
2. 
The front and rear setbacks are the same as the existing mobile home or comply with the RD6000 zoning district setbacks;
3. 
The mobile home being moved onto the lot shall be within twenty percent of the area of the original existing mobile home area;
4. 
The mobile home being moved onto the lot was built in 1976 or later;
5. 
A site survey of the lot showing lot dimensions, all structures on the lot, with dimensions, and structure setbacks prepared by a Wyoming Registered Land Surveyor;
6. 
A variance is applied for and approved by the planning commission and town council.
(Ord. 399 § 1 (328-47-(1) (d)), 1980; Ord. 744, 2005)

§ 18.66.060 Repairs and maintenance.

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding fifty percent of the assessed value of the building; provided, that the cubic content of the building as it existed at the time of adoption of the ordinance codified in this title shall not be increased. Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(Ord. 399 § 1(328-47-(1)(e)), 1980)

§ 18.66.070 Change of tenancy or ownership.

There may be a change of tenancy, ownership or management of any existing, nonconforming uses of land, structures and premises; provided, there is no change in the nature or character of such nonconforming uses.
(Ord. 399 § 1(328-47-(1)(f)), 1980)