1. Maintenance, Exterior or Interior Remodeling, or Repairs Permitted. The Owner may complete normal maintenance and incidental repair on a complying Structure that contains a Non-Conforming Use or on a Non-Complying Structure. This Section shall not be construed to authorize any violations of law nor to prevent the strengthening or restoration to a safe condition of a Structure in accordance with an order of the Building Official who declares a Structure to be unsafe and orders its restoration to a safe condition.
2. Addition, Enlargement, Expansion. A non-complying structure shall not be added to, enlarged, or expanded in whole or in part unless the proposed change complies with all current land use regulations. In other words, all new square footage of building must fully comply with the setback, size, and height regulations set forth in this title (see Figure 1).
3. Moving or Reconstruction at a New Location. A non-complying structure shall not be moved in whole or in part, for any distance whatsoever, to any other location on the same, or any other lot unless:
   1. The proposed change will lessen the degree of the existing noncompliance and not create any new noncompliance of all or any part of the structure; or
   2. The proposed change complies with all governing land use regulations at the time of the change.
   3. For the purposes of this Chapter, “lessen the degree of existing noncompliance” means:
      1. To decrease the gross total square footage of structure not in compliance (see Figure 1); and,
      2. To increase the distance from the ordinary high-water mark, wetlands, and/or property line when the nonconformity pertains to a setback distance.
4. Remodels Requiring Reconstruction. A noncomplying structure that has deteriorat-ed to a state where a full demolition or construction or reconstruction of a founda-tion is necessary for interior or exterior remodels may be reconstructed in the same location subject to current land use regulations. The existing noncompliance may continue if the degree of noncompliance is not increased or a new violation in land use regulations is not created.
   1. A noncomplying structure that has deteriorated to a condition that the structure is rendered uninhabitable may not be reconstructed, restored, or substituted, once written notice from the Emigration Canyon City is served to the property owner that the structure is uninhabitable and that the nonconforming use or noncomplying structure will be lost if the property owner does not apply with a complete land use application within one (1) year from the day in which the writ-ten notice is served.
5. Damage or Destruction. A noncomplying structure or structure occupied by a non-conforming use that is damaged or destroyed by fire, flood, wind, earthquake or other calamity or act of God or the public enemy, and the damage is not the result of the intentional or reckless disregard of the owners or occupants, may be restored, and the occupancy or use of such structure or part thereof that existed at the time of such damage or destruction may be continued or resumed, provided that such res-toration is started within a period of one (1) year following damage or destruction, and the restoration is diligently prosecuted to completion.

19.88.060 Figure 1 Adding to a non-complying structure

(Prior code § 22-4-10)