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City of Evanston, WY
Uinta County
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[Amended by Ord. No. 85-32]
A. 
It is the intent of this article to permit legal nonconforming lots, structures or uses to continue until they are removed or become more conforming, but not to encourage their continuance. It is recognized that there exists within the zoning districts established by this chapter, lots, structures and uses of land which were lawful before this article was adopted which would be prohibited, regulated or restricted under its present terms. Such lots, structures and uses are declared to be incompatible with permitted lots, structures and uses in the district involved. It is the intent of the article that such nonconformities shall not be enlarged upon, expanded or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district.
B. 
A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land, shall not be extended or enlarged after the passage of this article by alteration of a building or premises or by the addition of other uses of a nature which would be prohibited generally in the zoning district involved.
C. 
There may be a change of tenancy, ownership, or management of any existing nonconforming use of land, structure, or land and structure, providing there is not a change or expansion of said nonconformance use.
A. 
In any district, notwithstanding limitations imposed by other provisions of this chapter, a structure or structures and customary accessory buildings may be erected on any single lot, even though said lot fails to meet the requirements for area and/or width that are generally applicable in the zoning district involved, provided that the use of the structure or structures is permitted at the effective date of this article (September 12, 1984). Side yards, setbacks, parking spaces and other requirements shall conform to the regulations for the zoning district in which said lot is located.
B. 
If two or more platted lots or combination of platted lots or portions thereof which have a continuous frontage are owned by a single owner at the time of the adoption of this article and if said lots or combination of lots or portion thereof do not meet the requirements for area or width when considered as a single parcel, said lots involved shall be considered to be a single lot. No division of a lot shall be made which leaves the remainder of said lot with width or area below the requirements stated in the zoning district in which it is located.
At the effective date of this article (September 12, 1984), if a lawful use of land exists which is no longer permissible under the zoning district in which the land is located, the use may continue subject to the following provisions:
A. 
The nonconforming use shall not be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of this article or amendments thereto.
B. 
A nonconforming use shall not be moved in whole or in part to any other portion of the lot, tract, or parcel occupied by said use after the effective date of this article.
C. 
If any nonconforming use of land ceases for any reason for a period of one hundred eighty consecutive days or more, any subsequent use of said land shall conform to the regulations for the zoning district in which the land is located.
If a lawful structure exists at the effective date of this article (September 12, 1984) which could not be built under the terms or regulations for the zoning district in which said nonconforming structure is located because of restrictions on lot coverage, height, or other characteristics of the structure, the structure may be continued subject to the following provisions:
A. 
No structure may be enlarged or altered in any way which increases the nonconformity.
B. 
Should a structure be destroyed by any means to an extent of more than fifty percent of its replacement cost as determined by the building official based in a written bid submitted by a building contractor licensed in the City of Evanston, exclusive of foundation, it shall not be reconstructed except in conformity with the requirement for the zoning district in which the structure is located.
If a lawful use of a structure or land, in combination, exists at the effective date of this article (September 12, 1984) which is not permitted in the zoning district in which it is located, the use may continue subject to the following provisions:
A. 
An existing structure devoted to a use not permitted in the zoning district in which it is located shall not be enlarged, extended, constructed, reconstructed, moved to another location in the City, or structurally altered except by changing the use of the structure to a use permitted in the zoning district in which it is located.
B. 
If no structural alterations are made, a nonconforming use of a structure or structure and premises may be changed to another nonconforming use of the same or a more restrictive classification, provided, that the proposed use is equally appropriate to the district as the preexisting nonconforming use. Under no circumstances shall a more restrictive classification be changed to a less restrictive classification.
C. 
If a nonconforming use of a structure and land is discontinued for a period of one hundred eighty consecutive days or more in any one year, except seasonal agricultural use, any future use of said land, building, or structure shall be in conformity with the regulations for the zoning district in which the use is located.
D. 
Ordinary work and repairs, repair or replacement of nonbearing walls, fixtures, wiring and plumbing shall be permitted on any building or structure devoted in whole or in part to any nonconforming use. However, said repairs shall not exceed fifty percent of the replacement cost of the building as determined by the building official, based on a written bid submitted by a building contractor licensed in the City. In the event repairs exceed said fifty percent the future use of said structure shall conform to the uses specified in the zoning district in which it is located. Nothing herein shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official unless said building is in such a condition that it cannot be restored. Nothing in this article shall be construed to prevent the installation or repair of curbs, gutters, sidewalks, streets, storm sewers or any other capital improvements that are for the safety and general welfare of the zoning district in which said land or structure is located.