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South Ogden City Zoning Code

CHAPTER 16

NONCONFORMING BUILDINGS AND USES


Notes

See also section 10-1-7 of this title for provisions requiring certificate.

10-16-1: Noncomplying Structures

  1. Maintenance, Repairs And Upkeep:
    1. A noncomplying structure may be maintained.
    2. Repairs and structural alterations may be made to a noncomplying structure.
    3. A noncomplying structure which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or act of God, or the public enemy, may be restored and the occupancy or use of such building, structure or part thereof, may be restored and the occupancy or use of such building, structure or part thereof, which existed at the time of such partial destruction, may be continued or resumed; provided, that such restoration is started within a period of one year and is diligently prosecuted to completion.
  2. Additions, Enlargements And Moving:
    1. A building or structure noncomplying as to height, area or yard regulations shall not be added to or enlarged in any manner unless such addition or enlargement conforms to all the regulations of the zone in which it is located, except by permit of the Hearing Officer or as herein provided.
    2. No noncomplying structure shall be moved in whole or in part to any other location on the lot, except by permit of the Hearing Officer as herein provided, unless every portion of such building or structure is made to conform to all the regulations of the zone in which it is located.
    3. Notwithstanding the provisions of subsection B1 of this section, an existing dwelling, noncomplying as to side yard requirement but having minimum side yard of not less than three feet (3') may be extended in depth along the noncomplying structure line to the extent of one-half (1/2) the length of the existing dwelling if such extension is for the purpose of enlarging and maintaining the existing dwelling units in the structure, and provided such enlargement conforms to all other regulations of the zone in which the dwelling is located.
  3. Abandonment By Nonuse: A noncomplying structure or portion thereof shall be deemed abandoned by nonuse during a continuous period of one year. If a nonconforming building or structure or portion thereof has been or shall be abandoned, the same shall not thereafter be occupied or used except for a use which conforms to the use regulations of the zone in which it is located. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-16-2: Noncomplying Lots

  1. Notwithstanding the provisions of subsection 10-16-1B1 of this chapter, on any lot under a separate ownership from adjacent lots and of record at the time of the initial enactment of this title, and such lot having a smaller width than required for the zone in which it is located, the following regulations shall apply:
    1. For interior lots, each side yard may be equal to but not less than the same percentage of the required side yard width as the lot is of the required lot width; provided, that in no case shall the smaller of the two (2) side yards be less than five feet (5') or the larger less than eight feet (8').
    2. On corner lots, each side yard may be equal to but not less than the same percentage of the required side yard width as the lot is of the required lot width; provided, that in no case shall the side yard on the street side be less than fifteen feet (15') in R-1-10, R-1-8, R-1-6, R-2 and R-3 Zones, and the other side yard shall be not less than five feet (5') in all residential zones.
  2. On any interior lot where a private garage containing a sufficient number of parking spaces to meet the requirements of this title has a side yard equal to the minimum side yard required for a dwelling in the same zone, the width of the other side yard for the dwelling may be reduced to equal that of the minimum required side yard; and on any corner lot where such garage has such side yard, the rear yard of the dwelling may be reduced to fifteen feet (15'), provided the garage also has a rear yard of at least fifteen feet (15'). (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-16-3: Nonconforming Use Of Structures

  1. Use Continued: The nonconforming use of a structure existing at the time the applicable zoning regulations became or becomes effective may be continued.
  2. Additions, Enlargements: A structure nonconforming as to use regulations shall not be added to or enlarged in any manner, except by permit of the Hearing Officer as provided herein.
  3. Permit Required: By permit of the Hearing Officer as provided herein, the use of a nonconforming structure may be changed to a use which is first listed in the same zone use regulations as the use which is to be changed is first listed, or to a use which is first listed in the use regulations of a more restrictive zone than that in which the use to be changed is first listed. But, in the event that the nonconforming use to be changed is a permitted use where first listed, and the changed use is a conditional use in the same zone, the petitioner must also obtain a conditional use permit in accord with the provisions of chapter 15 of this title.
  4. Vacant Structure: A vacant nonconforming structure may be occupied by a use for which the structure was designed or intended and is so occupied within a period of one year after the structure became nonconforming.
  5. Extension Of Use: A nonconforming use may be extended to include the entire floor area of the existing structure in which it was conducted at the time use became nonconforming.
  6. Insufficient Parking: A structure lacking sufficient automobile parking space in connection therewith as required by this title may be altered or enlarged, provided additional automobile parking space is supplied on the lot to meet the requirements of this title.
  7. Abandonment By Nonuse: The nonconforming use of a structure or portion thereof shall be deemed abandoned by nonuse during a continuous period of one year. If a nonconforming use by any such structure or portion thereof has been or shall be abandoned, the same shall not thereafter be occupied or used except for a use which conforms to the use regulations of the zone in which it is located. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-16-4: Nonconforming Use Of Land; Abandonment By Nonuse

A nonconforming use of tract of land or portion thereof may be continued. No such nonconforming use of land shall in any way be expanded or extended either on the same or any adjoining tract of land. A nonconforming use of land shall be deemed abandoned by nonuse if discontinued for a continuous period of one year. If a nonconforming use of land has been or shall be abandoned, such land shall not thereafter be used or occupied except for a use which conforms to the use regulations of the zone in which the use is located. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-16-5: Signs Permitted With Nonconforming Uses

  1. Nonconforming Uses In Residential Zone: One sign per use. One square foot of sign area per linear foot of building frontage with a maximum of fifty (50) square feet.
  2. Nonconforming Uses In Other Than Residential Zone: One sign per use. Area of the sign shall be in accordance with the provisions of chapter 21 of this title for the respective zone in which the nonconforming use is located. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)