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Spring Lake Park City Zoning Code

16.52 NON-CONFORMING

STRUCTURES, LOTS AND USES

16.52.010 Existing Non-Conforming Buildings And Uses

The lawful use of buildings or land existing at the effective date of this title which does not conform to the provisions of this title shall be allowed to continue indefinitely.

16.52.020 Non-Conforming Lots Of Record

Any lot which was held in a single ownership of record at the time of the adoption of this title, and which does not meet the requirements of this title as to area, width, or other open space, may nevertheless be utilized for single-family detached dwelling purposes provided the measurements of that area, width, or open space are within 70% of the requirements for them under the terms of this title. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this title, and if all or part of the lots do not meet the requirements for lot width and area as established by this title, the lands involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this title.

16.52.030 Alteration Of Non-Conforming Uses

  1. A legal non-conforming use may not be expanded.
  2. A legal non-conforming use may be continued, through repair, replacement, restoration, maintenance, or improvement, unless:
    1. The non-conformity or occupancy is discontinued for a period of more than one year; or
    2. Any non-conforming use is destroyed by fire or other peril to the extent of greater than 50% of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged.
  3. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.