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Spring City City Zoning Code

CHAPTER 10

8 NONCONFORMING AND TEMPORARY USES

10-8-1 NONCONFORMING USES DEFINED; PROVISIONS

A "nonconforming use" is occupancy or use of any building, structure or land within the city prohibited by provisions of this title, but which lawfully existed prior to the effective date hereof. This includes residential, commercial, industrial and public structures occupied or vacant at the time of adoption of these provisions.

  1. Discontinuance Of Nonconforming Use: Any such discontinuance of a nonconforming occupancy or use of any building, structure or land within the city, for a period of more than two (2) years, shall upon occupancy or use thereafter, conform to all provisions of the zone in which it is located and this title.
  2. Nonconforming Building Modifications To Conform To Code: Nonconformance of buildings in any zone may be continued for the period prescribed above, provided no additions, enlargements or structural alterations are made thereto. Any and all additions, enlargements, or structural alteration shall be made as prescribed by the uniform building code and the provisions of this title.
  3. Nonconforming Use Of Land: A nonconforming use of land lawfully existing prior to the effective date hereof may be continued, provided such nonconforming use shall not be expanded or extended into or upon adjacent or other land within the city.
  4. Abandonment Of Nonconforming Use: A nonconforming occupancy or use vacated or abandoned according to provisions of this title shall be succeeded by occupancy and use of buildings, structures and/or land consistent with provisions of this title.
  5. Continuation/Restoration Of Nonconforming Use: A nonconforming building or structure fully or partially destroyed by fire, explosion, natural catastrophe, or other casualty, may be restored and occupancy or use thereof continued, subject to provisions of this title.
  6. Detrimental Uses Not Permitted: No provisions of this chapter shall be construed to allow the continuance or restoration of any nonconforming use when, in the opinion of the board of adjustment and the county building inspector, it is deemed to be detrimental to the health, safety and welfare of the citizens of the city.
  7. Permitted Nonconforming Use: Structures (homes and auxiliary structures) erected prior to 1940 shall be permitted nonconforming uses, subject to approval of the board of adjustment and the uniform building code. Structure should be restored to near original condition. (Ord. 2005-17, 9-8-2005)

10-8-2 TEMPORARY USES

The following regulations are provided to accommodate those uses of land or existing structures in the city which are temporary in nature:

  1. Purpose; Permitted Uses: The purpose of a temporary use is to assure use of property consistent with the general health, safety and welfare of the city's citizens. Uses allowed on a temporary basis in accordance with provisions of this section may include, but are not limited to, the following: carnivals, concerts, circuses, fireworks stands, Christmas tree lots, flower stands, rummage sales, promotional displays, vehicles for temporary sales, and political rallies or campaign headquarters.
  2. Temporary Use Permit: Prior to the establishment of any of the above uses, or temporary uses similar thereto, a temporary use permit must be obtained from the zoning administrator (at city hall). Such permits shall, among other information and conditions, specify the time limit and place to be used. A temporary use permit shall be required for residents of Spring City as well as any out of town business enterprises or activities. In granting said permit, the zoning administrator shall make the following findings:
    1. The conduct of the requested use will not have any detrimental effects on adjacent properties and will be in general harmony with surrounding uses.
    2. The requested use will not create excessive traffic hazards on public streets or property and that traffic control, if necessary, shall be provided at the expense of the applicant.
    3. The applicant shall have sufficient liability insurance for the requested use or event.
    4. The applicant shall provide, at his/her own expense, for the restoration of the site of said use to its original condition, including such cleanup, washing and replacement of facilities as may be necessary.
    5. Said use shall occupy the site for a short term period not to exceed the time specified on the permit.
  3. Fees And Deposits: A one time fee for administration, and a security and cleanup deposit may be required. These fees will be set by the city council and/or city administrators. Other conditions may be required by city officials prior to the granting of such permit.
  4. Temporary Nonconforming Use Of Private Property: For some uses of private property which are not normally allowed in a particular zone, if such use is deemed by the city council not to be detrimental to the particular zone and upon conditions set by them, a temporary use permit may be obtained on a short term basis. (Ord. 2005-17, 9-8-20