CHAPTER 6
NONCONFORMING REGULATIONS 1

SECTION:

15-6-1: Purpose And Intent

15-6-2: Noncomplying Structures

15-6-3: Nonconforming Uses

15-6-4: Nonconforming Certificate

15-6-5: Amortization

 

Notes

1	1. Prior ordinance history: Ord. 90-52, 10-25-1990; Ord. 91-24, 7-18-1991; Ord. 91-26, 7-25-1991; Ord. 92-30, 5-19-1992; Ord. 94-59, 11-15-1994; 1999 Code; Ord. 2000-41, 7-18-2000; Ord. 2001-32, 6-5-2001.

15-6-1: PURPOSE AND INTENT:

   A.   This chapter shall apply to the existing use of a building, structure or land lawfully established at the time of passage of the zoning ordinance, other land use ordinance, or any amendments thereto, which does not conform to the present regulations of the zone in which it is located. Because Ogden is a community that has developed over a long period of time, the regulations of this chapter are intended to allow continued use of such property or structure, while at the same time protecting existing conforming development and furthering orderly development and improvement of the community.

   B.   Nonconforming uses and noncomplying structures that are compatible and complement existing or planned development should be allowed to expand or improve. Improvement for better integration into the surroundings should be sought as much as possible.

   C.   Nonconforming uses or noncomplying structures that hinder the attainment of the General Plan, create a nuisance, or detract from or are a hazard to a community or neighborhood, should be eliminated or brought into compliance with the present provisions of this title to the extent allowable under the law.

(Ord. 2005-32, 5-24-2005)

15-6-2: NONCOMPLYING STRUCTURES:

A noncomplying structure, or what has previously been referred to as a nonconforming building, is any building or structure that legally existed before its current land use designation, and because of one or more subsequent changes to the zoning ordinance, or other land use ordinance, does not conform to the setback, height restrictions, or other regulations now governing the use of land, which regulations generally include yard regulations, lot coverage or landscaping requirements, parking regulations governing the location, design or number of parking stalls. Nonconformity as to regulations governing the use of land such as area or density requirements or parking requirements, established as a minimum requirement for the use of land in the applicable zone, shall render any structure located on the land to be both a noncomplying structure and a nonconforming use. For purposes of this chapter, an expansion to such structure where the use is otherwise allowed in the applicable zoning district shall be reviewed under subsection B of this section. If the use is not otherwise allowed in the applicable zoning district, the expansion shall be reviewed under subsection 15-6-3B of this chapter.

   A.   Ordinary Maintenance And Repair: A noncomplying structure may be maintained or repaired so long as such work does not increase the noncomplying or nonconforming conditions of the building or structure.

   B.   Addition Or Enlargement:

      1.   Authorization; Determination: A noncomplying structure shall not be added to or enlarged in any manner, unless the Director finds that such expansion is otherwise authorized under subsections B2 through B5 of this section, or except by issuance of a noncomplying structure permit by the Planning Commission. In reviewing a request to expand a noncomplying structure, the Planning Commission shall determine:

         a.   That granting the expansion will not adversely impact the attainment of the General Plan of the City;

         b.   That the expansion will improve the general appearance or safety of the area;

         c.   That by expanding the building, the character of the neighborhood is not adversely impacted;

         d.   That the expansion will improve the area by providing additional or adequate parking;

         e.   That any expansion will be adequately screened or buffered, if needed, so as not to increase impacts to the adjoining properties; and

         f.   That the expansion will not otherwise violate the standards established in subsections B2 through B5 of this section for any particular type of expansion.

      2.   Noncomplying As To Height: A main building noncomplying as to height regulations can be expanded provided the addition meets all required setbacks of the zone in which it is located and does not increase any other noncomplying or nonconforming status of the property on which it is located. If only a portion of the building is noncomplying as to height then the addition or expansion must meet the height regulations of the zone in which it is located. A noncomplying accessory building cannot be enlarged or expanded unless the addition or expansion complies with the height regulation and required setbacks of the zone and does not increase any other noncomplying or nonconforming status of the property on which it is located.

      3.   Noncomplying As To Setbacks Or Yard Regulations:

         a.   A main building noncomplying to front yard setbacks may be expanded and maintain the existing nonconforming front yard setback provided such expansion will not displace required parking or otherwise require a parking variance, or will not result in the removal of existing landscaping in the required front yard setback.

         b.   A residential main building with noncomplying side yard setbacks but having a minimum side yard of not less than three feet (3'), may be extended in depth along the nonconforming building line to a maximum of the depth of the existing dwelling if such extension is for the purpose of enlarging and maintaining the existing dwelling or required parking and provided, such enlargement does not increase any other nonconformity which may exist and conforms to all other regulations of the zone in which it is located.

         c.   A main building noncomplying to rear yard setbacks may be expanded provided the expansion does not increase the noncomplying rear yard setback and does not require any other variance.

      4.   Single Family; Expansion Of Parking: A single-family detached dwelling nonconforming as to the number of properly located off street parking spaces located on the lot may add additional spaces not to exceed the minimum required in accordance with the following standards:

         a.   Location And Design: If the lot has at least one properly located off street parking space, or if legal off street parking does not exist and cannot be developed, then one parking stall may be constructed in one required side yard; provided that:

            (1)   The parking area and its associated driveway shall be hard surfaced with the materials described in subsection 15-12-8G3 of this title;

            (2)   The parking area and driveway slab must be at least eight feet (8') wide and of sufficient length, which may not be less than eighteen feet (18'), to accommodate the vehicle with no portion of the vehicle extending forward of the front face of the dwelling;

            (3)   The space above any slab constructed within a side yard setback must remain open and unobstructed to the sky;

            (4)   All stormwater runoff from the hard surface of the slab must be directed so as to prevent drainage onto adjacent properties;

            (5)   No off street parking slab is permitted within the twenty foot (20') required side yard facing a street on a corner lot.

            (6)   Access to additional parking when one proper off street parking space exists shall be provided by either:

               (A)   Widening the drive approach from the street to match the width of the new driveway provided the other provisions of this Code can be met; or

               (B)   A driveway taper from the sidewalk at no less than a forty five degree (45°) angle with the remnant area in the front yard setback landscaped with a minimum of shrubs and an approved ground cover, provided that this option is not allowed if the remnant landscaped area is less than forty five (45) square feet or if curb, gutter and sidewalk are not present.

   OPTION A

   OPTION B

         b.   Front Yard Parking: A maximum of two (2) hard surfaced parking spaces may be added in the front yard setback, when all of the following standards and conditions are met:

            (1)   (A) No legal parking has existed on the property or the property has a garage/carriage house that may appear to provide legal parking, but is incapable of accommodating modern vehicles due to having original interior wall dimension space of twelve feet (12') or less in width, seven feet (7') or less in height, and a depth of less than twenty feet (20'); and

               (B)   There is no reasonable access to locate legal parking either in the side or rear yards;

            (2)   Front yard parking must remain open and unobstructed to the sky;

            (3)   No portion of a vehicle parked in the front yard shall extend beyond the front property line into the public right-of-way;

            (4)   Vehicle(s) parked in the front yard shall not exceed eight feet (8') in width, twenty feet (20') in length, and seven feet (7') in height;

            (5)   The front yard parking area and its associated driveway shall be a hard surface with the materials described in subsection 15-12-8G3 of this title;

            (6)   The front yard parking area shall have a minimum width of nine feet (9'); and

            (7)   Front yard driveways and parking areas installed after August 1, 2017, that are greater than nine feet (9') wide shall not exceed fifty percent (50%) of the width of the home fronting the public street or twenty feet (20'), whichever is less.

         c.   Nonconforming Or Noncomplying As To Lot Area:

            (1)   A single-family dwelling with inadequate lot area in a residentially zoned district shall be allowed to expand or construct on the lot provided that the construction will meet required setbacks or has received the needed setback variances.

            (2)   A single-family dwelling shall be allowed to be constructed on a vacant subdivided lot with inadequate lot area in a residentially zoned district provided that the construction will meet required setbacks or has received the needed setback variances.

            (3)   A multiple-family dwelling and associated buildings with inadequate lot area may expand the buildings or structure on the lot; provided, that:

               (A)   The construction will meet required setbacks or has received the needed setback variances; and

               (B)   The expansion will create covered parking in areas that are presently paved and used for parking.

            (4)   For purposes of subsection B4c(3) of this section, if a multiple-family dwelling is not otherwise allowed in the zone, the required setbacks shall be those applicable to single-family dwellings.

         d.   Reasonable Access: For purposes of subsection B4b(1) of this section, reasonable access is defined as either:

            (1)   Having at least eight feet (8') of clearance in the side yard setback on either side of the building without obstructions that cannot reasonably be avoided, such as utilities, window-wells, a direct elevation change of three feet (3') or greater, or retaining walls three feet (3') high or greater; or

            (2)   Having a right-of-way or alley adjacent to the property with established rights for access, where:

               (A)   The travel distance to the property line is less than one hundred feet (100') from an improved street and the right-of-way or alley has at least a minimum twelve foot (12') clearance that is, or could be paved; or

               (B)   The travel distance to the property line is more than one hundred feet (100') from an improved street and the right-of-way or alley has an existing minimum twelve foot (12') wide paved surface.

      5.   Expansion And Improvements In The M-1 And M-2 Zones: A noncomplying structure in the M-1 or M-2 zone may be expanded or improved up to fifty percent (50%) of its original floor area or improvement value provided the noncomplying items are corrected proportionally to the expansion to achieve complete compliance at fifty percent (50%) expansion or improvement. This includes:

         a.   Landscaping shall be brought into compliance proportionally to the proposed expansion or improvement. For example, if the proposal would expand the floor area by ten percent (10%), then at least twenty percent (20%) of the missing landscape area shall be installed.

         b.   Noncomplying accesses shall be brought into compliance proportionally to the proposed expansion or improvement. For example, if the proposal would improve an industrial building to add twenty-five percent (25%) to its improvement value and all the parking spaces back into the street, then fifty percent (50%) of the parking spaces shall be rearranged so as not to back into the street.

   C.   Damage Or Destruction:

      1.   A noncomplying structure that is involuntarily damaged or destroyed, in whole or in part, by fire, flood, wind, earthquake or other natural disaster or calamity may be restored or rebuilt; provided, that such restoration is started within a period of one year and is diligently pursued to completion and the noncompliance is not increased.

      2.   A noncomplying structure shall not be rebuilt or restored if:

         a.   The structure is allowed to deteriorate to a condition that the building is rendered uninhabitable and is not repaired or restored within six (6) months after written notice to the property owner that the structure is uninhabitable and that the right to rebuild or restore such noncomplying structure will be lost if the structure is not repaired or restored within six (6) months; or

         b.   The property owner has voluntarily demolished or removed a majority of the noncomplying structure.

(Ord. 2018-28, 10-16-2018; amd. Ord. 2023-57, 10-10-2023)