1. Definitions:
   
   NONCOMPLYING STRUCTURE: A structure that:
   1. legally existed before the structure's current land use designation; and
   2. because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations, which govern the use of land.
   NONCONFORMING LOT: A lot that:
   1. Legally existed before its current land use (zoning) designation;
   2. Has been shown continuously on the records of the Salt Lake County Recorder as an independently existing piece of property; and
   3. Because of one or more subsequent land use ordinance changes does not conform with the minimum size, width, frontage, depth or other applicable dimensional requirements of the zone where the lot is located.
   NONCONFORMING USE: A use of land that:
   1. Legally existed before its current land use designation;
   2. Has been maintained continuously since the time the land use ordinance governing the land changed; and
   3. Because of one or more subsequent land use ordinance changes does not conform to the regulations that now govern the use of the land.
   OTHER NONCONFORMITY: A circumstance governed by a land use ordinance other than a nonconforming use or lot, or a noncomplying structure, or use that:
   1. Legally existed before the current land use (zoning) designation of the lot where the nonconformity is located; and
   2. Because of subsequent zoning land use ordinance changes does not conform with the regulations that now govern the use of the land.
2. Burden Of Property Owner: In all cases, the property owner shall have the burden of proving by a preponderance of evidence that a lot, structure, use or other circumstance which does not conform to the provisions of this title was legally established.
   1. A preponderance of evidence is evidence which is more credible and convincing than evidence offered in opposition to it.
   2. Evidence offered to prove a lot, structure, use, or other circumstance was legally established may include, but is not limited to:
      1. The date when the circumstance was created;
      2. Copies of applicable Zoning, Building, or other code provisions in effect at the time of creation;
      3. Documents showing the nonconforming circumstance was authorized such as building permits, letters, and meeting minutes of governmental bodies where the circumstance was discussed and/or authorized;
      4. Property inspection reports which indicate the degree that the nonconforming circumstance complies with applicable codes in effect at the time of creation; and
      5. Affidavits of persons with personal knowledge of the circumstances of creation.
   3. If a previously existing land use ordinance applied to a claimed nonconforming circumstance, and no provision of such ordinance would have allowed such circumstance, it shall be prima facie evidence that the nonconforming circumstance was not legally established.
   4. If when established, a lot, structure, use or other circumstance did not conform to the provisions of applicable land use ordinance provisions, the fact that it has been occupied, used, or existed for a considerable period of time shall not be a factor in determining whether the circumstance should be deemed legally established. (Ord. 2018-08, 3-28-2018)
      

The purpose of this chapter is to establish regulations governing legally established lots, structures, uses and other nonconformities that do not conform to applicable requirements of this title. They may continue to exist and be put to productive use, but their nonconforming aspects shall be regulated as provided in this chapter. The intent of this chapter is to recognize the interests of property owners while controlling expansion of nonconforming conditions. (Ord. 2018-08, 3-28-2018)

The Zoning Administrator shall review and process all applications to legally establish a nonconforming use or nonconforming structure or other nonconformities, and for any additions, enlargements and moving of legal nonconforming uses and a legal noncomplying structure. (Ord. 2018-08, 3-28-2018)

1. Regulations:
   1. Continuation By Property Owner: A legal nonconforming use may be continued by the present or future property owner.
   2. Illegal Use: An illegal nonconforming use shall be terminated immediately without regard to this section.
   3. Extensions: A legal nonconforming use may be extended through the same building, provided no structural alteration of the building is proposed or made for the purposes of the extension.
   4. Involuntarily Destroyed: The City may not terminate a nonconforming use of a structure that is involuntarily destroyed in whole or in part due to fire or other calamity unless the use has been abandoned.
   5. Termination: A nonconforming use of a structure shall terminate if:
      1. The structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six (6) months after written notice is provided to the property owner, by the Zoning Administrator or building official, that the structure is uninhabitable and that the nonconforming use will be lost if the structure is not repaired or restored within six (6) months.
      2. The property owner has voluntarily demolished a majority of the building that houses the nonconforming use.
      3. A nonconforming use may only be changed to a use allowed in this title, for the zoning district in which the property is located by following the approval procedures for such new use, as required by this title. (Ord. 2018-08, 3-28-2018)
         

1. Regulations:
   1. A noncomplying structure may be continued by the present or future property owner.
   2. The City may not prohibit the reconstruction or restoration of a noncomplying structure that is involuntarily destroyed in whole or in part due to fire or other calamity unless the structure has been abandoned.
   3. Necessary maintenance and repairs may be made to a legal noncomplying structure by following the procedures for any approval, permit, or license, including the issuance of a building permit, for such maintenance and repairs, as required by all land use ordinances, and Building Code.
   4. A noncomplying structure shall terminate if:
      1. The structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six (6) months after written notice is provided to the property owner, by the Zoning Administrator or building official, that the structure is uninhabitable and that the noncomplying structure will be lost if the structure is not repaired or restored within six (6) months.
      2. The property owner has voluntarily demolished a majority of the noncomplying structure. (Ord. 2018-08, 3-28-2018)
         

1. Abandonment:
   1. Any party claiming a nonconforming use has been abandoned shall have the burden of establishing the abandonment.
   2. Abandonment may be presumed to have occurred if:
      1. A majority of the primary structure associated with the nonconforming use has been voluntarily demolished without prior written agreement with the City regarding an extension of the nonconforming use;
      2. The use has been discontinued for a minimum period of one year; or
      3. The primary building associated with the nonconforming use remains vacant for a minimum period of one year.
   3. The property owner may rebut the presumption of abandonment made under this section and shall have the burden of establishing that any claimed abandonment under this section has not in fact occurred.
   4. The City may terminate the nonconforming use status of a school district or charter school when the property associated with the school district or charter school use or structure ceases to be used for school district or charter school purposes for a minimum period of one year. (Ord. 2018-08, 3-28-2018)
      

1. This section shall only apply to legal undeveloped lots or parcels.
   1. A legal lot of record, or any parcel of record, legally existing on the date of adoption hereof shall:
      1. Be eligible for a building permit authorizing the construction of one single-family dwelling, even though such lot or parcel may not conform to the requirements of the zoning district in which it is located, provided:
         1. That such lot or parcel of land is located in a zoning district that allows single-family dwellings, and
         2. The proposed construction can qualify for the issuance of a building permit for a single-family dwelling, as required by the Building Code, and to the greatest extent possible, the zoning district requirements for setbacks and height, as adopted. (Ord. 2018-08, 3-28-2018)
            

1. This section shall apply only to signs that were legal on the date of adoption hereof but which may now be a noncomplying sign.
   1. A noncomplying sign shall not be enlarged.
   2. A noncomplying sign shall not be moved or replaced, except to bring the sign into compliance with this title and all other land use ordinances.
   3. The text message of a noncomplying sign may be changed if such changes do not create any new nonconformities or other noncompliance.
   4. A noncomplying sign shall be considered abandoned if it advertises a business, service, commodity, or other activity that has been discontinued for a minimum period of one year.
   5. A noncomplying sign may be maintained as needed and shall be maintained in a clean, rust free, non-deteriorated condition. (Ord. 2018-08, 3-28-2018)
      

1. Regulations:
   1. Application And Intent: This section shall apply to any other circumstance which does not conform to the requirements of this title including, but not limited to, fence height or location; lack of buffers or screening; lack of or inadequate landscaping; lack of or inadequate off-street parking; and any other nonconformity not covered by this chapter. Because the nonconformities regulated by this section involve less investment and are more easily corrected than those regulated by sections 11-21-4, 11-21-5, 11-21-6, 11-21-7 and 11-21-8 of this chapter, the intent of the City is to eliminate such nonconformities as quickly as practicable. The degree of such nonconformities shall not be increased.
   2. Nonconforming Development With Approved Site Plan: Any nonconforming development which is governed by an approved site plan shall be deemed to be in conformance with this title to the extent such development conforms to the plan.
   3. Compliance Required: A nonconformity other than those regulated in sections 11-21-4, 11-21-5, 11-21-6, 11-21-7 and 11-21-8 of this chapter shall be brought into conformance upon the occurrence of any one of the following:
      1. Any action which increases the floor area of the premises by more than thirty percent (30%).
      2. Any action which, when combined with one or more previous expansions that have occurred over a period of time, causes the aggregate area of expansion to exceed thirty percent (30%) of the original floor area of the premises.
      3. For a lot located in a commercial or industrial zone, any change in use to a more intensive use when a new certificate of occupancy is required. (Ord. 2018-08, 3-28-2018)
         

When area or yard setbacks of a legally established lot are reduced as the result of conveying land to a Federal, State or local government for a public purpose, such lot and yards shall be deemed to be in compliance with the minimum lot size and yard setback standards of this title without any need for a variance. (Ord. 2018-08, 3-28-2018)

The provisions of this chapter shall not apply to billboards. Nonconforming billboards shall be terminated in accordance with applicable provisions of Utah Code § 10-9a-513. In the event such provisions are repealed, nonconforming billboards shall be subject to the provisions of this Chapter. (Ord. 2018-08, 3-28-2018)

Any person aggrieved by a decision of the Zoning Administrator regarding any matter related to a nonconforming use, noncomplying structure, or other nonconformity may appeal the decision to the Appeal Authority designated in this title. (Ord. 2018-08, 3-28-2018)