060 of 2013 - Amending section 21A.38.070 pertaining to abandonment or loss of nonconforming uses 0 13-1
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SALT LAKE CITY ORDINANCE
No. 60 of 2013
(An ordinance amending Section 21A.38.070 of the Salt Lake City Code
pertaining to abandonment or loss of nonconforming uses)
An ordinance amending Section 21A.38.070 (Zoning: Nonconforming Uses and
Noncomplying Structures: Abandonment or Loss of Nonconforming Use) of the Salt Luke City
Code pursuant to Petition No. PLNPCM2013-00265 to more closely reflect the language
concerning nonconforming uses provided in state code.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on May 22,
2013 to consider a request made by Salt Lake City Mayor Ralph Becker (Petition No.
PLNPCM2013-00265) to amend Section 21A.38.070 (Zoning: Nonconforming Uses and
Noncomplying Structures: Abandonment or Loss of Nonconforming Use) of the Salt Lake City
Code to more closely reflect the language concerning nonconforming uses provided in state
code; and
WHEREAS, at its May 22, 2013 meeting, the planning commission voted to transmit a
positive recommendation to the Salt Lake City Council on said application; and
WHEREAS, after a public hearing on this matter the city council has determined that
adopting this ordinance is in the city's best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending text of Salt Lake City Code Section 21A.38.070. That Section
21A.38.070 of the Salt Lake City Code (Zoning: Nonconforming Uses and Noncomplying
Structures: Abandonment or Loss of Nonconforming Use), shall be, and hereby is, amended to
read as follows:
21A.38.070: ABANDONMENT OF NONCONFORMING USE:
A. Termination of Nonconforming Use: A nonconforming use of land or of a structure that is
abandoned shall not thereafter be reestablished or resumed. Any subsequent use or
occupancy of the structure or site must conform with the regulations for the district in which
it is located.
1. Abandonment may be presumed to have occurred if:
a. A majority of the primary structure associated with the nonconforming use has been
voluntarily demolished without prior written agreement with the municipality
regarding an extension of the nonconforming use;
b. The use has been discontinued for a minimum of one year; or
c. The primary structure associated with the nonconforming use remains vacant for a
period of one year.
2. Calculation of Period of Discontinuance: Any period of such discontinuance caused by
government actions, without any contributing fault by the nonconforming user, shall not
be considered in calculating the length of discontinuance pursuant to subsection 1 of this
section.
3. A nonconforming use that has been abandoned shall be terminated and will have lost
legal nonconforming status.
B. Presumption of Abandonment: Any party claiming that a nonconforming use has been
abandoned shall have the burden of establishing the abandonment.
C. Rebuttal of Presumption of Abandonment: A property owner may rebut the presumption of
abandonment under Subsection (B), and shall have the burden of establishing that any
claimed abandonment under Subsection (B) has not in fact occurred.
SECTION 2. Effective Date. This ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah, t is 12th day of November
2013.
CH RP II" '
ATTEST—AN?.CO RSIGN:
CITY RECORDER
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Transmitted to Mayor on November 15, 2013 •
Mayor's Action: V Approved. Vetoed.
MA OR sj ' .G��'+�
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`CITY RECORDER %c6,' • ••`P,• �r
(SEAL) 1 RA'j'Q APPROVED AS TO FORM
.."`....... Salt Lake City Attorney's Office
Bill No. 60 of 2013. Date: + \ i 2013
Published: November 22, 2013. By / --------
Pa I C.Niels n Senior City Attorney
HB_ATTY-#3 I230-v2-Ordinance_amending_nonconforming_usejrovisions.DOC
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