A nonconforming building or structure may be maintained. (Ord. 172-04, 3-2-2004)
9-20-2: EXTENSION, ALTERATION, EXPANSION; CONDITIONAL USE PERMIT1:
A. Required: The planning commission may approve the issuance of a conditional use permit authorizing the extension, alteration or expansion of a nonconforming building, subject to all of the other requirements of this chapter.
B. Conditions For Denial: The planning commission may not approve a conditional use permit for the extension, alteration or expansion of a nonconforming building, unless:
1. The planning commission finds that the extension, alteration or expansion promotes the general health, safety, welfare and aesthetics of the city; and
2. The extension, alteration or expansion is made to conform to all of the regulations of the zone in which the building is located. (Ord. 172-04, 3-2-2004)
9-20-3: MOVING NONCONFORMING BUILDINGS:
No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, without obtaining a conditional use permit as herein provided, unless every portion of such building or structure is made to conform to all regulations of the zone in which it is located. (Ord. 172-04, 3-2-2004)
9-20-4: RESTORATION OF DAMAGED BUILDINGS:
A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake, other calamity, act of God or the public enemy 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 and meets the conditions of section 9-20-2 of this chapter. (Ord. 172-04, 3-2-2004)
9-20-5: ONE YEAR VACANCY OR ABANDONMENT:
A building or structure, or portion thereof, nonconforming as to use, which is or hereafter becomes vacant and remains unoccupied for a continuous period of one year, except for dwellings and buildings to house animals and fowl, shall not thereafter be occupied except by a use which conforms to the use regulations of the zone in which it is located. Wherever a nonconforming structure has been vacant for a period of one year, such structure shall not thereafter be occupied, unless any future occupation shall be in conformance with the provisions of this title. (Ord. 172-04, 3-2-2004)
9-20-6: EXISTING BUILDING PERMIT:
Any building, structure or use for which a valid building permit has been issued and actual construction was lawfully begun prior to the effective date hereof, may be completed and used in accordance with the plans, specifications and permit on which said building permit was granted. (Ord. 172-04, 3-2-2004)
9-20-7: OCCUPATION WITHIN ONE YEAR:
A vacant nonconforming building or structure may be occupied by a use for which the building or structure was designed or intended, if so occupied within a period of one year after the building or structure became nonconforming. (Ord. 172-04, 3-2-2004)
Uintah City Zoning Code
CHAPTER 20
NONCONFORMING BUILDINGS AND STRUCTURES
9-20-1: MAINTENANCE PERMITTED:
A nonconforming building or structure may be maintained. (Ord. 172-04, 3-2-2004)
9-20-2: EXTENSION, ALTERATION, EXPANSION; CONDITIONAL USE PERMIT1:
A. Required: The planning commission may approve the issuance of a conditional use permit authorizing the extension, alteration or expansion of a nonconforming building, subject to all of the other requirements of this chapter.
B. Conditions For Denial: The planning commission may not approve a conditional use permit for the extension, alteration or expansion of a nonconforming building, unless:
1. The planning commission finds that the extension, alteration or expansion promotes the general health, safety, welfare and aesthetics of the city; and
2. The extension, alteration or expansion is made to conform to all of the regulations of the zone in which the building is located. (Ord. 172-04, 3-2-2004)
9-20-3: MOVING NONCONFORMING BUILDINGS:
No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, without obtaining a conditional use permit as herein provided, unless every portion of such building or structure is made to conform to all regulations of the zone in which it is located. (Ord. 172-04, 3-2-2004)
9-20-4: RESTORATION OF DAMAGED BUILDINGS:
A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake, other calamity, act of God or the public enemy 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 and meets the conditions of section 9-20-2 of this chapter. (Ord. 172-04, 3-2-2004)
9-20-5: ONE YEAR VACANCY OR ABANDONMENT:
A building or structure, or portion thereof, nonconforming as to use, which is or hereafter becomes vacant and remains unoccupied for a continuous period of one year, except for dwellings and buildings to house animals and fowl, shall not thereafter be occupied except by a use which conforms to the use regulations of the zone in which it is located. Wherever a nonconforming structure has been vacant for a period of one year, such structure shall not thereafter be occupied, unless any future occupation shall be in conformance with the provisions of this title. (Ord. 172-04, 3-2-2004)
9-20-6: EXISTING BUILDING PERMIT:
Any building, structure or use for which a valid building permit has been issued and actual construction was lawfully begun prior to the effective date hereof, may be completed and used in accordance with the plans, specifications and permit on which said building permit was granted. (Ord. 172-04, 3-2-2004)
9-20-7: OCCUPATION WITHIN ONE YEAR:
A vacant nonconforming building or structure may be occupied by a use for which the building or structure was designed or intended, if so occupied within a period of one year after the building or structure became nonconforming. (Ord. 172-04, 3-2-2004)