17-7-11.11 Administration.
A. General Requirements.
1. Intent. This chapter intends to promote public health, safety, and general welfare of the community, reflecting the goals established within the general plan of Midvale City and the Main Street small area plan. This chapter intends to increase conformity to the greatest extent possible.
B. Scope of Regulations.
1. New Development. All development, construction, and establishment of uses within the limits of this chapter occurring after the effective date of this chapter shall be subject to all applicable regulations of this chapter.
2. Renovated Structures. All building renovations affecting a change of use greater than twenty-five percent gross square footage of a structure within the limits of this chapter shall be subject to all applicable regulations of this chapter.
3. In-Process Development. Where a building permit for a development has been applied for in accordance with the prior law in advance of the effective date of this chapter, said development may comply with the plans from which the permit was approved and, upon completion, receive a certificate of occupancy (provided all conditions are met) provided the following requirements are satisfied:
a. Work or construction is begun within one year of the effective date of this chapter; and
b. Work or construction continues diligently toward completion.
4. Nonconformance. After the effective date of this chapter, existing buildings and uses that do not comply with the regulations of this chapter shall be considered nonconforming and are subject to the standards of this chapter.
a. General Provisions.
i. Permissions.
(A) Any nonconforming lot, use, structure, or sign that was lawfully established before the FBC was implemented may continue as long as the nonconformity remains legal and complies with all other FBC nonconformity requirements.
ii. Administration.
(A) Any rights conferred on a nonconformity remain with the property and are not affected by changes in tenancy or ownership.
(B) The burden of establishing the existence of a conformity prior to the FBC implementation is on the applicant.
(C) Determinations about the existence of a legal nonconformity shall be made by the community development director.
iii. Limitations.
(A) Any lot, use, structure, or sign that was illegal prior to implementation of the form-based code remains illegal if it does not conform to the form-based code.
(B) Nonconformity regulations apply to all projects that were submitted for approval before implementation of the form-based code. All projects submitted after implementation of the form-based code shall meet the requirements of the form-based code.
(C) If any portion of the form-based code is judged invalid by a jurisdictional court, that judgement shall not affect the remaining portions of the form-based code.
iv. Uses.
(A) Permissions.
(1) An existing nonconforming use may be extended to the entire floor area of the building it is located in.
(2) Structures containing nonconforming uses may be altered according to the requirements of the form-based code.
(3) If a structure containing a nonconforming use is damaged or destroyed, the nonconforming use may be reestablished at the same scale as it operated prior to the destructive event.
(B) Limitations.
(1) Nonconforming uses may be expanded to additional parcels provided, however, the building into which the use expands otherwise fully complies with the form-based code.
(2) An existing nonconforming use may not be changed to a different nonconforming use.
(3) If a nonconforming use is abandoned, any future use shall be a conforming use. When a nonconforming use transitions to a conforming use, it shall not be changed back to any nonconforming use.
v. Structures.
(A) Permissions.
(1) Nonconforming structures may be altered if the alteration is required by law to restore the structure to a safe condition.
(2) Nonconforming structures may be altered if the alteration:
(a) Is routine repair or maintenance;
(b) Eliminates a nonconformity;
(c) Does not expand an existing nonconformity; or
(d) Does not create a new nonconformity.
(3) Nonconforming structures and parking lots may be expanded if the expansion is conforming or increases the overall conformity of the property.
(4) In the event of damage or destruction to a nonconforming structure which is damaged or destroyed by fire, earthquake, or other calamity beyond the control of the owner, the building may be reconstructed or repaired to the conditions which existed prior to the casualty, provided the structure or structures existed as legally established structures. All such construction or repairs shall be started within twelve months from the date of damage and shall be diligently pursued to completion.
(5) Existing nonconforming structure facades may be altered if the modifications do not increase the amount of nonconformity.
(B) Limitations.
(1) If a nonconforming structure is damaged or destroyed, all permits for rebuilding, restoration, or repair must be granted within one year of the damage or destruction. If the applicant requests an extension, the community development director may grant no more than one extension, not to exceed one year in length.
(2) If a nonconforming structure is relocated, the structure shall fully comply with the current zoning regulations of the parcel to which it is moved.
(3) If all required permits for the rebuilding, restoration, or repair of a damaged or destroyed nonconforming structure are not granted within one year of the damage or destruction, and no extension period is granted, the structure may be rebuilt, restored, or repaired only if it conforms to the requirements of the form-based code.
5. Exempt Activities. The activities within this section are exempt from the requirements of this chapter. Building permits may still be required under the building code for actions taken in accordance with this section.
a. Ordinary repairs for the purpose of regular building, signage, lighting or site maintenance.
b. Replacement of existing windows, doors, or fixtures that do not change the transparency percentage of the building.
c. Interior construction that does not result in change of use and is not visible from the exterior of the building.
d. Emergency repairs ordered by any city official in order to protect health and safety.
6. Appeals.
a. All city decisions which interpret or administer this chapter may be appealed to the planning commission within ten days of final action by filing notice of appeal with the community and economic development department.
b. Following final action by the planning commission, any person with standing to challenge the decision may, within ten days of the final action, appeal the decision to the appeal authority following the process defined in Section 17-3-14.
7. Any state or federal regulations that apply within the form-based code area, and are in conflict with form-based code regulations, shall supersede the form-based code regulations.
C. Minor Modifications to a Site Plan. The community development director may approve minor modifications to an approved site plan. Modifications may be evaluated through a letter of application and the provision of the reasoning behind the request. Such requests may be made for:
1. Minor modifications to proposed landscaping plans, pursuant to the modification standards established.
2. Minor modifications to buildings, including setbacks and materials, pursuant to the modification standards.
a. Building materials that reflect the intent of the original material.
b. The city may modify the requirements of this chapter where full compliance is impossible due to the existing site or building conditions.
3. Minor modifications to parking requirements, pursuant to the development of an alternative parking plan. (Ord. 2020-04 § 1 (Att. A (part)))