The purpose of this chapter is to establish regulations governing legally established uses, structures, lots, and other circumstances that do not conform to applicable requirements of this title. The intent of this chapter is to control expansion of nonconforming conditions while recognizing the interests of affected property owners.

(Code 2023, § 10-6-1; Ord. No. 2017-54, 12-13-2017)

The provisions of this chapter shall apply to any use, lot, structure, or other circumstance governed by this title which legally existed before the current zoning designation of the land where the circumstance is located and because of subsequent zoning changes does not conform with applicable requirements of this title.

1. Continuation. Any nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity may be continued only to the extent it was lawfully created and as provided in this chapter.
2. Illegal nonconformities. Any nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity not authorized under a previously existing zoning ordinance, or which was illegal under such ordinance, shall remain unauthorized and illegal unless expressly authorized by the provisions of this title.

(Code 2023, § 10-6-2; Ord. No. 2017-54, 12-13-2017)

Certain words and phrases in this chapter are defined in HCC chapter 10-3.

(Code 2023, § 10-6-3; Ord. No. 2017-54, 12-13-2017)

A nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity may not be changed except in conformance with the provisions of this title. To the extent any nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity becomes conforming, it shall not be changed back to the previously existing nonconforming condition.

(Code 2023, § 10-6-4; Ord. No. 2017-54, 12-13-2017)

1. Continuation. A nonconforming use of a complying structure, or noncomplying structure legally existing when such use became prohibited, may be continued. A vacant structure may be occupied by a use for which the structure was designed or intended if so occupied within a period of six months after the use becomes nonconforming.
2. Expansion within a complying structure. A nonconforming use existing within a portion of a conforming building may be expanded to include the entire floor area of such building, provided such expansion:
   1. Does not include any structural alteration; and
   2. Otherwise conforms to the requirements of this title.
3. Nonconforming use of open land. A nonconforming use of open land may be continued provided such nonconforming use shall not be modified in any manner, except in conformity with the requirements of this title or as may be required by law.
4. Expansion of outdoor nonconforming use. 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 or modified except in conformity with the requirements of this title or as may be required by law.

(Code 2023, § 10-6-5; Ord. No. 2017-54, 12-13-2017)

1. Continuation. A noncomplying structure may be continued so long as no additions or enlargements are made thereto and no structural alterations are made therein, except as permitted by this chapter or as may be required by law. If a noncomplying structure is removed from the lot or parcel where it was located, each future structure on such lot or parcel shall conform to the provisions of this title.
2. Maintenance and repair. A noncomplying structure may be maintained. Repairs and structural alterations may be made to a noncomplying structure within the existing footprint thereof, provided the degree of nonconformity is not increased.
3. Relocation. A noncomplying structure may not be relocated within the city unless the structure is placed in a location where it conforms with the applicable requirements of this title.
4. Alteration where parking insufficient. A complying structure housing a use with insufficient parking, as required by this title, may be altered or enlarged provided additional parking is supplied to meet the requirements of this title for the noncomplying portion of the structure and the alteration or enlargement.
5. Restoration. A noncomplying structure damaged by fire, wind, earthquake, or other calamity or act of God or the public enemy may be restored as it existed previously and its use may be continued so long as restoration is started within six months and is diligently pursued to completion.
6. Deterioration. A noncomplying structure may not be reconstructed or restored 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 months after written notice to the property owner that:
      1. The structure is uninhabitable; and
      2. The noncomplying structure will be lost if the structure is not repaired or restored within six months; or
   2. The property owner has voluntarily demolished a majority of the noncomplying structure.

(Code 2023, § 10-6-6; Ord. No. 2017-54, 12-13-2017)

1. 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.
2. 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, width, or both, provided:
   1. The lot was legally nonconforming when the area or width requirements were changed;
   2. The use is for the sole purpose of a single-family dwelling;
   3. There is only one main building on the lot; and
   4. The dwelling will conform to all other requirements of this title, such as lot frontage, yard setbacks, building height, and other applicable requirements, such as street improvements and compliance with construction codes.
3. Lot with building. If a nonconforming lot or parcel contains a building legally established before the effective date of the ordinance from which this title is derived, then the owner may continue the then-existing use of such building and may expand the building in any way that does not increase the degree of nonconformity. An increase in building size shall not be deemed to increase the degree of nonconformity of the lot or parcel unless the building increases any encroachment into a required setback. Remodeling of a building within an existing footprint or expansion in compliance with this section shall not require a variance to lot or parcel requirements but shall be reviewed by the community development director as though the lot or parcel conforms to the requirements of this title.

(Code 2023, § 10-6-7; Ord. No. 2017-54, 12-13-2017)

1. Applicability. This section shall apply to any other nonconformity except nonconforming signs, including, but not limited to, improper 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 addressed by HCC 10-6-5 through 10-6-7.
2. Nonconforming development with approved plan. Nonconforming development that is consistent with an approved site plan or other approval granted before the effective date of the ordinance from which this title is derived shall be deemed in conformance with this title to the extent it is consistent with the approved plan and to the extent such plan or conditions imposed thereon directly address the specific issue involved in a determination of conformity. Such nonconforming development, other than circumstances enumerated in HCC 10-6-5 through 10-6-7, shall be brought into conformance upon the occurrence of any one of the following:
   1. Any increase of more than 30 percent in floor area or 50 percent of the value of the building or premises; or
   2. For a lot located in a commercial or manufacturing zone, any change that requires the issuance of a new certificate of occupancy.
3. Time for compliance. Because nonconformities addressed in this section involve less investment and are more easily corrected than those addressed in HCC 10-6-5 through 10-6-7, the intent of the city is to eliminate such nonconformities as quickly as practicable. The extent of such nonconformities shall not be increased.

(Code 2023, § 10-6-8; Ord. No. 2017-54, 12-13-2017)

When the area or setbacks of a legally created lot or parcel are reduced as the result of land conveyed to a federal, state, or local government and the remaining area or setback is at least 75 percent 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 size and setback standards of this title without any need for a variance.

(Code 2023, § 10-6-9; Ord. No. 2017-54, 12-13-2017)

1. Abandonment claims. A person claiming abandonment shall have the burden of establishing the abandonment.
2. Overcoming presumption of abandonment. A property owner may rebut the presumption of abandonment and shall have the burden of establishing that any claimed abandonment has not in fact occurred by providing evidence of no intent to abandon the nonconforming use, noncomplying 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.
3. School facilities. The city may terminate the nonconforming status of a school district or charter school use or structure 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 one year.

(Code 2023, § 10-6-10; Ord. No. 2017-54, 12-13-2017)

In all cases, the property owner shall have the burden of establishing that a nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity was lawfully created.

(Code 2023, § 10-6-11; Ord. No. 2017-54, 12-13-2017)

The right to continue use of a nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity shall be subject to the life safety requirements of applicable construction codes.

(Code 2023, § 10-6-12; Ord. No. 2017-54, 12-13-2017)

The community development director may suspend any requirement that a nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity come into compliance with the provisions of this title if the owner of the affected property demonstrates, based on substantial evidence, that the owner has not recovered or amortized the amount of the owner's investment in the nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity.

1. Written request for extension required. A request for an extension of time needed to recover an investment in an affected property shall be submitted in writing to the community development director.
2. Information required. The following information shall accompany the request:
   1. The amount of the owner's investment in the nonconforming use, noncomplying structure, nonconforming lot, 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 amount that will be realized on the date the time limit expires; and
   3. Evidence of any lease or purchase obligations undertaken in reliance on any previously issued licenses or permits applying to the nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity, including any contingency clauses therein permitting termination of such lease.

(Code 2023, § 10-6-13; Ord. No. 2017-54, 12-13-2017)

The provisions of this chapter shall not apply to billboards. Nonconforming billboards shall be terminated in accordance with applicable provisions of U.C.A. 1953, §§ 10-9a-512 and 10-9a-513. In the event such provisions are repealed, nonconforming billboards shall be subject to the provisions of this chapter.

(Code 2023, § 10-6-14; Ord. No. 2017-54, 12-13-2017)