This chapter regulates the continued existence of nonconforming uses and noncomplying structures. (1) This chapter is intended to balance the public interest by limiting enlargement, alteration, restoration, and replacement of nonconforming uses and noncomplying structures, which would increase the discrepancy between existing conditions and the development standards prescribed by Alta Town Code; (2) preserving and protecting the scenic beauty and sensitive natural environment of Albion Basin, as well as the quality of the Little Cottonwood Canyon watershed; and (3) promoting economic and community development within the Town by supporting the ski resort-based economy and facilitating year-round residency. (Ord. 2021-O-1, 3-10-2021)

A nonconforming use may continue subject to the standards and limitations of this chapter. A noncomplying structure may continue to be used and occupied subject to the standards and limitation of this chapter. (Ord. 2021-O-1, 3-10-2021)

   A.   The property owner shall have the burden of establishing the legal existence of a nonconforming use or noncomplying structure.

   B.   Any party claiming that a nonconforming use or noncomplying structure has been abandoned or otherwise terminated shall have the burden of establishing the abandonment or termination. (Ord. 2021-O-1, 3-10-2021)

   A.   Repairs and structural alterations may be made to a noncomplying structure or to a building containing a nonconforming use including a one time expansion of up to two hundred fifty (250) gross square feet of floor area so long as such expansion, repairs or alterations do not create a new area of noncompliance or nonconforming use including but not limited to waterway setbacks or increase the Intensity of nonconforming use or the noncomplying structure (notwithstanding the increase of two hundred fifty (250) gross square feet of building square footage).

   B.   A Noncomplying structure or a structure that contains a nonconforming use, may be voluntarily demolished and rebuilt so long as there is written approval that the demolition/rebuild is approved by the Salt Lake Valley health department and Salt Lake City division of public utilities, is in the same footprint as the original structure with up to a maximum additional two hundred fifty (250) gross square feet of floor area, does not increase the area of noncompliance or increase the Intensity of of the Use (notwithstanding the increase of two hundred fifty (250) gross square feet of building square footage), and the Building Official finds that the demolition/rebuild would lessen the total immediate and long term impacts including construction impacts.

   C.   Restoration or reconstruction of a noncomplying structure is prohibited, or the nonconforming use of a structure is terminated, if:

      1.   The structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable, and

      2.   A plan is not submitted to, and approved by the building official within two (2) years after written notice to the property owner that the structure is uninhabitable; and

      3.   A certificate of occupancy is not issued within five (5) years after the plan is approved. (Ord. 2021-O-1, 3-10-2021)

A structure lacking sufficient automobile parking space in connection therewith as required by this title may be altered, provided additional automobile parking space is provided to meet the requirements of this title for such alteration. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

If a noncomplying structure or a structure occupied by a nonconforming use is involuntarily destroyed in whole or in part by fire, flood, wind, earthquake, avalanche, or other calamity or act of God, or the public enemy, and the noncomplying structure or nonconforming use has not been abandoned prior to such destruction, the noncomplying structure may be restored and the nonconforming use may be resumed, provided that such restoration is started within a period of two (2) years and is diligently prosecuted to completion, and the intensity of use is not increased. (Ord. 2021-O-1, 3-10-2021)

Except when abandonment is cause by a calamity or Act of God, a nonconforming use that is discontinued for a continuous period of one year shall not thereafter be reestablished or resumed. A structure, or portion thereof, occupied by a nonconforming use, which remains unoccupied by the nonconforming use for a continuous period of one year shall not thereafter be occupied except by a use which conforms to the use regulations of the zone in which it is located. This section does not apply to dwellings. (Ord. 2021-O-1, 3-10-2021)

A vacant structure may be occupied by a use for which the structure was designed or intended if so occupied within a period of one year after the use became nonconforming. (Ord. 2021-O-1, 3-10-2021)

The nonconforming use of a structure may not be changed except to a conforming use; but where such change is made, the use shall not thereafter be changed back to a nonconforming use. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

A nonconforming use may be extended to include the entire floor area of the existing structure in which it was conducted at the time the use became nonconforming. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

The nonconforming use of land, existing at the time this title became effective, may be continued; provided, that no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property; and provided, that if such nonconforming use of land, or portion thereof, is abandoned or changed for a period of one year or more, the future use of such land shall be in conformity with the provisions of this title. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)

Existing restaurants or nonprofit locker clubs which were nonconforming as of July 1, 1969, may, upon application, be granted a conditional use permit for a state store, subject to this code. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)