Chapter 17.35
NONCONFORMING USES – NONCOMPLYING STRUCTURES
Sections:
17.35.020 Determination of nonconforming use and noncomplying structure.
17.35.030 Alteration or modifications to noncomplying structures.
17.35.040 Nonconforming use of land.
17.35.050 Noncomplying structures.
17.35.060 Change in status of nonconforming use and noncomplying structures.
17.35.070 Alterations or modifications to nonconforming use and noncomplying structures.
17.35.080 Reconstruction of noncomplying building or structure partially destroyed.
17.35.090 Amortization of nonconforming uses and noncomplying structures.
17.35.100 Nonconforming use/structure certificates.
17.35.010 Definition.
“Noncomplying structure” means:
(1) A structure that legally existed before its current land use designation; and
(2) Because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations which govern the use of land. [LUO § 02-07-001.]
17.35.020 Determination of nonconforming use and noncomplying structure.
All matters regarding the nonconforming use and noncomplying structures shall be determined by the planning commission. Upon application, the commission shall determine if the use or structure is nonconforming or noncomplying as defined in this chapter. The land use administrator may determine routine and uncontested requests to verify nonconforming uses and noncomplying structures as provided in the Naples City land use ordinance. [Ord. 16-181 § 1, 2016. LUO § 02-07-002.]
17.35.030 Alteration or modifications to noncomplying structures.
Noncomplying structures with respect to setbacks or height may be continued. Additions, enlargements or structural alterations may be made to the extent that they comply with all requirements of the current Naples City Code. In addition, the commission may allow an enlargement or structural alteration provided the change is in harmony with the surrounding neighborhood and in keeping with the intent of the general plan and this title. The proposed change shall not impose any unreasonable impact or burden upon land located in the vicinity. Reasonable conditions may be attached to the approval in order to assure neighborhood compatibility. If any such noncomplying structure is removed, every future use of the land on which the building was located shall conform to the provisions of the Naples City land use ordinances and codes. [Ord. 16-181 § 1, 2016. LUO § 02-07-003.]
17.35.040 Nonconforming use of land.
A nonconforming use lawfully existing on the effective date of this land use ordinance may be continued provided such nonconforming use shall not be expanded or extended into any other open land, except as otherwise provided in the Naples City land use ordinance. If the nonconforming use is discontinued for continuous period of more than one year it shall constitute an abandonment of the use and any future use of such land shall conform to the provisions of the zone in which it is located. [LUO § 02-07-004.]
17.35.050 Noncomplying structures.
The noncomplying structure lawfully existing on the effective date of the ordinance codified in this title may be continued, provided no structural alterations, except those permitted by law, are made. If such noncomplying structure is discontinued for a continuous period of more than one year it shall constitute an abandonment of the use and any future use of the structure shall conform to the provisions of the zone in which it is located. [LUO § 02-07-005.]
17.35.060 Change in status of nonconforming use and noncomplying structures.
A nonconforming use and noncomplying structure may be succeeded, upon approval of planning commission as provided in the Naples City land use ordinance, by an equally restrictive or more restrictive nonconforming use and/or noncomplying structure, provided such change is effected prior to amendment of the prior nonconforming use and noncomplying structure. After a change to a less intensive use occurs, the use may not change back to a more intensive use. [Ord. 19-216, 2019. LUO § 02-07-006.]
17.35.070 Alterations or modifications to nonconforming use and noncomplying structures.
A use or structure which has been declared nonconforming or noncomplying shall not be enlarged or moved except as provided in the land use ordinance. The commission may allow an enlargement or modification provided the change is in harmony with the surrounding neighborhood and in keeping with the intent of the general plan and this title. The proposed change shall not impose any unreasonable impact or burden upon land located in the vicinity. Reasonable conditions may be attached to the approval in order to assure neighborhood compatibility. [Ord. 16-181 § 1, 2016. LUO § 02-07-007.]
17.35.080 Reconstruction of noncomplying building or structure partially destroyed.
A noncomplying structure voluntarily destroyed to the extent of not more than 50 percent of its reasonable replacement value at the time of its destruction may be restored to the use of such building, structure, or part thereof which existed at the time of such partial destruction and may be continued subject to all of the provisions of this title. If the building or structure is voluntarily torn down or destroyed to an extent of more than 50 percent, any future use must follow the current land use ordinance.
A noncomplying structure that is involuntarily destroyed in whole or in part due to fire or other calamity may restored to the use of such building or structure which existed at the time of such destruction. [Ord. 20-226, 2020. LUO § 02-07-008.]
17.35.090 Amortization of nonconforming uses and noncomplying structures.
The commission, under authorization of state statute, may provide for the timely modification or removal of a nonconforming use and noncomplying structure or open storage or signage deemed to be incompatible with the surrounding neighborhood. A maximum of a five-year period may be granted in which the nonconforming use and noncomplying structure shall be modified or removed in order to comply with the general plan and the land use ordinance. [LUO § 02-07-009.]
17.35.100 Nonconforming use/structure certificates.
The existence of any nonconforming use will be recognized by the city through issuance of a nonconforming use/structure certificate. It is the city’s acknowledgement that the use was legal at its time of construction and is allowed to remain. If the use is vacated for a period of a year or longer, any nonconforming right is lost. Therefore, verification must be given that the use has been continuous since first allowed or approved.
(1) Application Requirements. The application shall include the following information:
(a) Property owner name and contact information;
(b) Proof of ownership;
(c) Tax ID (parcel) number;
(d) Requested use of property;
(e) Description of nonconformity:
(i) Evidence verifying the existence of the use prior to the adoption of the ordinances which made the use nonconforming;
(ii) Date the building was constructed;
(iii) Date the use was established;
(iv) Site plan showing all existing buildings, structures, parking facilities and other improvements on the applicable lot with setbacks and dimensions;
(v) Any evidence the applicant intends to submit to establish the noncompliance;
(f) If the building or site has been vacant for more than one year; if so, the reason for vacancy;
(g) Any permits authorizing expansions, additions or changes of use approved by the city;
(h) Any additional information that could be used to establish that the building, use or other nonconformity existed and was in compliance before the current land use regulation.
(2) Review Procedures. The burden of proving the nonconformity shall be upon the applicant. The planning commission may conduct its own investigation to insure the information is accurate, and there are no questions about the nonconformity.
Once the application has been submitted and reviewed, the planning commission shall either approve issuance of the certificate, request additional information, or deny the application stating the reasons for denial. The applicant may appeal the decision to the appeals and variances hearing officer within 30 days of the final decision. The approved nonconforming use/structure certificate must be recorded with the Uintah County recorder’s office by the applicant within 30 days of the approval date.
Any nonconforming use/structure permit approving an expansion or change shall become a part of the original certificate and subject to any conditions placed thereon. Any approval granted for an expansion, addition or change of a nonconforming use/structure shall expire if, within one year, there is no substantial action taken to complete the change or expansion.
No building permit shall be issued which encompasses any nonconforming use/structure without the prior issuance and except in accordance with the terms and conditions of a nonconforming use/structure certificate. [Ord. 19-216, 2019. LUO § 02-07-010.]