This Chapter regulates the continued existence of nonconforming uses or noncomplying structures as defined in Section 19.04. While nonconforming uses and noncomplying structures may continue, this Chapter is intended to limit enlargement, alteration, restoration, or replacement which would increase the discrepancy between existing conditions and the developments prescribed by this Title. In addition, applications are reviewed to ensure that they are reducing the degree of nonconformity and improving the physical appearance of the structure and site through such measures as site and building design, or the improved functions of the Use in relation to other uses.

(Ord. 1627 § 10 (part), 2008: prior code § 22-4-7)

The Director or designee shall determine the nonconforming or noncomplying status of properties. As described in Utah Code 10-9a-511, the property owner shall have the burden of establishing the legal existence of a noncomplying structure or nonconforming use through substantial evidence.

1. The Director or designee shall determine a legal nonconforming use upon finding that:
   1. The use legally existed before its current land use designation;
   2. The use has been maintained and not discontinued for one year or more since the time the land use ordinance governing the land changed; and
   3. Because of one or more subsequent land use ordinance changes, the use does not conform to the regulations that govern the use of the land.
2. The Director or designee shall determine a legal noncomplying structure upon finding that:
   1. The structure legally existed before the structure’s current land use designation; and
   2. Because of one or more subsequent land use ordinance changes, the structure does not conform to the regulations that now govern the use of the land.
3. Determinations. Upon review of an application, a written determination shall be is-sued by the Director or designee of the non-conforming or non-complying status on a property.
4. Appeals. Pursuant to Section 19.12.040 of this title, any person adversely affected by a final decision of the Director or designee may appeal that decision to the land use hearing officer.

(Prior code § 22-4-8)

1. Continuation of a Nonconforming Use. Subject to the limitations in this section, the nonconforming use of land may continue, provided that no such nonconforming use of land can in any way expand or extend either on the same or adjoining property.
2. Continuation of a Noncomplying Structure. A Non-Complying Structure that was lawfully constructed may be used and maintained, subject to the standards and limitations of this Chapter.

(Ord. 1627 § 10 (part), 2008: prior code § 22-4-1)

1. Abandonment of a Nonconforming Use. A nonconforming use that is discontinued for a minimum period of one (1) year is presumed abandoned and shall not thereafter be reestablished or resumed. Abandonment may also be presumed to have occurred if a majority of the primary structure associated with the nonconforming use has been voluntarily demolished without prior written approval of the Emigration Canyon City regarding the extension of the nonconforming use; or the primary structure associated with the nonconforming use remains vacant for a period of one (1) year.
   1. Any party claiming that a nonconforming use has been abandoned shall have the burden of establishing the abandonment.
   2. After a nonconforming use has been abandoned, any subsequent use of the building, structure, or land must conform to the regulations for the zone in which it is located.
   3. “Majority” is defined as more than fifty percent (50%) of the square footage of the primary structure.
2. Rebuttable Presumption of Abandonment. After abandonment has been presumed by the Director or designee, the property owner may rebut the presumption of abandonment by submitting sufficient evidence that abandonment has not in fact occurred.

(Ord. No. 1758, § XVI, 9-24-2013; Ord. 1627 § 10 (part), 2008: prior code § 22-4-2)

1. Expansion of Use Permitted. A nonconforming use may be extended through the same building, provided no structural alteration of the building is proposed or made for the purpose of the extension.
2. Change of Use.
   1. A nonconforming use may be changed to any use allowed in the most restrictive zone where such nonconforming use is allowed, provided the Planning Com-mission finds that such use would not be more intensive than the most recent existing legal nonconforming use.
   2. Any change of a nonconforming use to another nonconforming use is a conditional use and subject to the conditional use approval standards, except that the proposed nonconforming use need not conform to the adopted General Plan.
   3. As part of the change of use, structures cannot be enlarged, removed, recon-structed or otherwise altered except for interior remodeling and exterior restoration or renewal that will make the appearance of the structure more nearly con-form to the character of the area in which it is located.
   4. As part of the change of use, the existing lot cannot be enlarged or modified except to create landscape, fencing, curb, gutter and sidewalk, road widening or minimum off-street parking to provide a safer and more compatible facility.

(Prior code § 22-4-4)

1. Expansion of Use Permitted. A nonconforming use may be extended through the same building, provided no structural alteration of the building is proposed or made for the purpose of the extension.
2. Change of Use.
   1. A nonconforming use may be changed to any use allowed in the most restrictive zone where such nonconforming use is allowed, provided the Planning Com-mission finds that such use would not be more intensive than the most recent existing legal nonconforming use.
   2. Any change of a nonconforming use to another nonconforming use is a conditional use and subject to the conditional use approval standards, except that the proposed nonconforming use need not conform to the adopted General Plan.
   3. As part of the change of use, structures cannot be enlarged, removed, recon-structed or otherwise altered except for interior remodeling and exterior restoration or renewal that will make the appearance of the structure more nearly con-form to the character of the area in which it is located.
   4. As part of the change of use, the existing lot cannot be enlarged or modified except to create landscape, fencing, curb, gutter and sidewalk, road widening or minimum off-street parking to provide a safer and more compatible facility.

(Prior code § 22-4-4)