A.   Continuation: A nonconforming use of any conforming or nonconforming structure which was legally existing when such use became prohibited may be continued as provided in this chapter.

B.   Expansion Within Conforming Building: A nonconforming use existing within a portion of a conforming building may be expanded to include the entire floor area of such building provided that such expansion:

1.   Does not include any structural alteration;

2.   Creates no noise, odor, or vibration; and

3.   Otherwise conforms to the requirements of this title.

C.   Nonconforming Use Of Open Land: A nonconforming use of open land may be continued provided such nonconforming use shall not be expanded or extended into any other portion of a conforming building or open land, and no structures, additions, alterations, or enlargements thereto shall be made thereon, except those required by law.

D.   Expansion Of Outdoor Nonconforming Uses: A nonconforming use of a lot or parcel where the principal use is not enclosed within a building, such as a salvage yard or a motor vehicle sales lot, shall not be expanded except in conformity with the requirements of this title. (Ord. 394, 8-7-2001)

A.   Continuation: A nonconforming structure in any zone may be continued as provided in this chapter so long as no additions or enlargements are made thereto and no structural alterations are made therein, except as may be required by law. If any nonconforming structure is removed from the lot or parcel on which it was located, each future structure thereon shall conform to the provisions of this title.

B.   Maintenance And Repair: A nonconforming structure may be maintained. Repairs and structural alterations may be made to a nonconforming structure within the existing footprint thereof; provided, that the degree of nonconformity is not increased.

C.   Enlargement And Expansion: Any expansion of a nonconforming structure that increases the degree of nonconformance is prohibited, except as provided in this subsection:

1.   The initial determination of whether a proposed expansion increases the degree of nonconformity shall be made by the zoning administrator. (Ord. 394, 8-7-2001)

2.   A structure which is nonconforming as to height, area, or yard regulations may be added to or enlarged upon authorization by the appeals and variance hearing officer; provided, that the appeals and variance hearing officer, after a hearing, finds the expansion to be compatible with the neighborhood and not detrimental to the community, as determined by the effect of the expansion on traffic, value of adjacent and nearby properties, and the availability of adequate public facilities and services. (Ord. 815, 4-1-2008, eff. 7-1-2008)

D.   Relocation: If a nonconforming structure is relocated within the city, it shall be placed only in a location where it fully conforms with the requirements of this title.

E.   Restoration: A nonconforming structure damaged by fire, wind, tornado, earthquake, or other disaster may be restored as it existed previously and its use may be continued so long as restoration is complete within one year, except that buildings on the state or Draper City historic register may be restored so long as restoration is initiated within twelve (12) months and complete within twenty four (24) months.

F.   Unsafe Structures: Nothing in this section shall be construed to permit the continuing use of a structure found to be in violation of any applicable life safety or health code. The right to continue use of a nonconforming structure shall be subject to the life safety requirements of applicable housing, building, health, and other life safety codes. (Ord. 394, 8-7-2001)

A.   Continuation: A nonconforming lot or parcel may continue to be occupied and used although it may not conform in every respect with the dimensional requirements of this title, subject to the provisions of this chapter.

B.   New Single-Family Dwelling: A new single-family dwelling may be constructed on a legally established lot or parcel which is nonconforming as to area and/or width, provided:

1.   The lot or parcel was legally nonconforming when the area or width requirements were changed;

2.   The use is for the sole purpose of a single-family residence;

3.   There is only one primary building on the lot or parcel; and

4.   The dwelling shall conform to all other requirements as to frontage, yard setbacks, building heights, street improvements, fire protection, and building codes.

C.   Lot With Building Or Structure: If a nonconforming lot or parcel contains a structure legally established before the effective date of this title, then the owner may continue the then existing use of such structure and may expand the structure in any way that does not increase the degree of nonconformity. An increase in structure size shall not be deemed to increase the degree of nonconformity of the lot or parcel unless the structure increases any encroachment into a required setback. Remodeling of a structure within an existing footprint or expansion in compliance with this section shall not require a variance but shall be reviewed by the zoning administrator as though the lot or parcel were conforming.

D.   Accessory Buildings: Accessory buildings customarily incidental to a dwelling may be constructed on nonconforming lots, provided:

1.   The building shall not exceed one thousand (1,000) square feet in floor area nor exceed fifteen feet (15') in height.

2.   The lot or parcel was nonconforming when such lot became prohibited under the terms of this title.

3.   The use of the nonconforming lot or parcel is primarily residential.

4.   The accessory building and its location on the lot or parcel shall meet all other building and lot requirements as to yard setbacks, fire protection, and building codes. (Ord. 394, 8-7-2001)

A.   Nonconforming Development With Approved Site Plan: Nonconforming development that is consistent with a site plan approved before the effective date of this title shall be deemed to be in conformance with this title to the extent that it is consistent with the approved site plan and to the extent that such plan or conditions imposed thereon directly address the specific issue involved in a determination of conformity. A nonconformity other than one of those enumerated in sections 9-6-040, 9-6-050, and 9-6-060 of this chapter shall be brought into conformance upon the occurrence of any one of the following:

1.   Any increase of more than thirty percent (30%) floor area or fifty percent (50%) of the County Assessor’s Office assessed value of the building or premises.

2.   For a lot or parcel located in a commercial or industrial zone, any change in use to a more intensive use when a new certificate of occupancy is required.

A.   When area or setbacks of a legally created lot or parcel are reduced as the result of conveyance to a federal, state or local government for a public purpose and the remaining area or setback is at least seventy five percent (75%) of the required minimum in the zone where it is located, the lot or parcel shall be deemed to be in compliance with the minimum lot size and setback standards of this title without any need for a variance.

B.   When a lot or parcel is determined to be nonconforming, other than as to lot area or setbacks, as a result of the conveyance of property to a federal, state, or local government for a public purpose, the owner may continue the existing use of the lot, parcel, or structure on the lot or parcel. Any subsequent alterations to the lot or parcel, other than the portion of the lot or parcel rendered nonconforming by public action, shall comply with this title and shall not increase the degree of nonconformity caused by the public action. (Ord. 394, 8-7-2001; amd. Ord. 1534, 4-12-2022)

A.   Presumption Of Abandonment: A nonconforming use, structure, or other nonconformity shall be presumed abandoned when any of the following occurs:

1.   The owner has in writing or by public statement indicated intent to abandon the use, structure, or other nonconformity;

2.   A less intensive use has replaced the original nonconforming use;

3.   The owner has physically changed the structure or its permanent equipment in such a way as to indicate a change in use or activity to something other than the nonconforming use; or

4.   The structure has been removed through applicable procedures for the condemnation of unsafe structures.

B.   Overcoming Presumption Of Abandonment: A presumption of abandonment may be rebutted upon evidence presented by the owner showing no intent to abandon the use, structure, or other nonconformity. Such evidence may include proof that during the alleged period of abandonment the owner has done either of the following:

1.   Maintained the lot and structure, if any, in accordance with the building code; or

2.   Has actively and continuously marketed the lot or structure for sale or lease. (Ord. 394, 8-7-2001)

A.   Written Request For Extension Required: A property owner shall submit to the zoning administrator a written request for an extension of time needed to recover his investment in the affected property.

B.   Information Required: The following information shall accompany the request:

1.   The amount of the owner's investment in the use, structure, lot, parcel, or other nonconformity from the time it became nonconforming.

2.   The amount of such investment that has been realized to date and an estimate of the amounts that will be realized on the date the time limit expires.

3.   Evidence of any lease or purchase obligations undertaken in reliance on any previously issued licenses or permits applying to the use, structure, lot, parcel, or other nonconformity, including any contingency clauses therein permitting termination of such lease. (Ord. 394, 8-7-2001)