1. As used in this ordinance, “governing law” means all codes and ordinances that have been adopted by Highland City or the State of Utah that regulate the use, construction, occupancy, subdivision, or development of land or structures within the city;
2. The purpose of this ordinance is to establish the terms and conditions of the regulation and gradual elimination of nonconforming structures, uses, and lots.
3. Nothing in this ordinance shall be construed as authorizing or approving any structure, lot, or use of land that was not permitted under the governing law at the time the structure, lot, or use was established.

1. A nonconforming structure or use may be continued by the present or a future property owner, subject to the terms, conditions, and limitations of this ordinance.
2. Nonconforming structures shall not be expanded or extended unless all portions of the structure are brought into compliance with governing law.
3. Nonconforming uses shall not be expanded or extended and shall be limited to those structures and portions of property that contained the nonconforming use when such use was legal, except that nonconforming uses may be expanded through the same structure in which the use is contained, provided no structural alteration of the structure is proposed or made for the purpose of the extension.
4. For purposes of this section, the addition of a solar energy device to the structure is not a structural alteration, expansion, or extension.

1. There is no presumption of the legal existence of nonconforming structures or uses.
2. Any person or entity asserting the existence of a nonconforming structure or use shall have the burden to prove the legal existence of the nonconforming structure or use.
3. A person or entity desiring to establish the existence of a nonconforming structure or use shall submit an application to the Zoning Administrator that includes an application form, a fee (if required), and the following information:
   1. The nature, extent, and location of the nonconforming structure or use;
   2. The date of the establishment of the nonconforming structure or use;
   3. Any and all evidence, including witness testimony, affidavits, correspondence, declarations, historical documents and records, maps, and official permits or licenses, that establishes:
      1. The nonconforming structure or use was originally established in conformance with the governing law in place at the time of establishment or was otherwise approved, in writing, by the city;
      2. The nonconforming structure or use has continuously and legally existed from its establishment to the present and there have been no circumstances that would result in a presumption of abandonment;
      3. The nonconforming structure or use has not been expanded or extended except as permitted under the governing law in place at the time of expansion or extension.
4. Within a reasonable time after receiving an application for a nonconforming structure or use, the Land Use Authority shall issue either a certificate of nonconformity approving the application or a written decision rejecting the application.
5. No evidence or witnesses not included or listed in the application filed with the Land Use Authority may be presented by an applicant upon appeal.

A nonconforming structure or a structure containing a nonconforming use that is involuntarily destroyed in whole or in part due to fire or other calamity may be reconstructed or restored if:

1. The structure or use has not been abandoned;
2. All egress or emergency escape windows within bedrooms in the reconstructed or restored structure comply with current governing law to the extent possible;
3. Such reconstruction or restoration is completed within one year from the date of destruction; and
4. Such reconstruction or restoration does not extend or expand the structure or the use beyond that which lawfully existed at the time the structure was destroyed.

A nonconforming structure shall not be reconstructed or restored, and a nonconforming use of a structure shall be terminated 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 the day on which written notice is served to the property owner that the structure is uninhabitable and that the nonconforming structure or use will be lost if the structure is not repaired or restored within six months; or
2. The property owner voluntarily demolishes a majority of the nonconforming structure or the structure that contains the nonconforming use without prior written agreement with the city regarding the extension of the nonconforming structure or use.

A nonconforming use may be terminated by written notice to the property owner if

1. The nonconforming use is abandoned; or
2. The city council adopts a resolution terminating a specific nonconforming use and providing a formula establishing a reasonable time period during which the owner can recover or amortize the amount of their investment in the nonconforming use, if any.

Any party claiming that a nonconforming use has been abandoned shall have the burden of establishing the abandonment.

1. Abandonment may be presumed to have occurred if:
2. 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;
   1. the use has been discontinued for a minimum of one year; or
   2. the primary structure associated with the nonconforming use remains vacant for a period of one year.
3. The property owner may rebut the presumption of abandonment and has the burden of establishing that any claimed abandonment has not occurred.

1. Any nonconforming structure or use which has been changed to a conforming structure or use shall not thereafter be changed back to a nonconforming structure or use.
2. A nonconforming use of a structure or property shall not be changed to any other nonconforming use. Changes in use shall be made only to a conforming use.

1. It is hereby declared city policy that each lot or parcel which is or is proposed to be occupied or developed for residential, commercial, or industrial uses be served by all improvements required for the proposed use under current governing law. Such improvements shall include streets, curb, sidewalk, gutter, culinary water facilities and rights, irrigation water facilities and rights, sewer, drainage, and all other utilities, safety devices, and improvements serving the lot that are required by this Code for new zoning lots or subdivisions.
2. Development of a nonconforming lot of record shall comply with current governing law for its land use designation, provided that if the nonconforming lot is in the R-1-40, R-1-20 or A-1 zones, placement of the dwelling shall conform to the front and rear set back distances as established by Sections 3-4104, 3-4204 and 3-4404 of this Code, and in the case of a lot of record created before July 1, 1977, which has a frontage of less than 100 feet, the building inspector may reduce the side set back distance to not less than 10 feet on either side with the total distance of the two side set backs not less than 24 feet.
3. No building permit or other authorization shall be issued for a nonconforming lot authorizing any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land that increases the impact on public facilities unless all improvements required by this Code are completed for the nonconforming lot or the lot is otherwise made to conform as a zoning lot. Such changes include:
   1. The construction of a new dwelling unit, if no dwelling units currently exist on the lot;
   2. The construction of additional dwelling units; and
   3. The development of new or expanded commercial or industrial uses or structures.
      

1. The intent of this section is to (a) provide minimum standards and procedures for maintenance of planned residential developments created under earlier ordinances, to the end that the quality of living environment will be maintained and the development completed to final capacity as originally intended, (b) prohibit any construction of new planned residential developments, and 8 require for information purposes the restrictive covenants be on file with the City.
   
2. Planned Residential Development is large scale development of clustered dwellings and common areas which were planned and developed within the provisions set forth in previous ordinances.
   
3. All uses of existing Planned Residential Developments shall be subject to the restrictions and conditions contained within the zone requirements of the specific zone which originally allowed said construction and furthermore shall continue to adhere to any design criteria and all standards and requirements set forth at the time of final approval of said planned residential development.
   
4. Any failure on the part of the developer or his assigns to maintain the Planned Residential Development in accordance with the approved management policies, covenants, conditions, restrictions, and agreements shall be, and the same is hereby declared to be, a public nuisance, endangering to health, safety, and general welfare of the public and a detriment to the surrounding community and that in addition to any other remedy provided by law for the abatement or removal of such public nuisance, the city may remove or abate the nuisance and charge the cost thereof, including reasonable attorney fees to the owners as provided by Chapter 11 of Title 10, Utah Code Annotated, as amended.
   
5. If any of the land contained within a Planned Residential Development is divided into two or more parts or separately owned units, the developer shall first establish a property owners' association or a trustee approved by the City Council as the successor to the owner, which will ensure proper maintenance of the common facilities. It shall be unlawful to divide any Planned Residential Development into two (2) or more separately owned units until such property owners' association or trustee has been established which shall provide, among other things, that each owner shall be subject to a charge for the maintenance of the common property, that said charge shall constitute a lien upon said property in the event of the owner's failure or neglect to pay his pro-rata share and that the association or trustee shall assume the responsibility for maintenance of any member of said association to pay his pro-rata share. It shall be unlawful for a property owners' association or trustee to discontinue the maintenance of the common facilities and the landscaping of the same. In case of failure or neglect to comply with the conditions and regulations as herein established, and as specifically made applicable to a Planned Residential Development, such failure or neglect shall be deemed to be a violation of this ordinance. The City may also recover costs resulting from such failure or neglect by civil action.
   
6. The required open space shall be protected against building or other use, except as is consistent with that of providing landscaped common area for the aesthetic and recreational satisfaction of the residents. The use of buildings or facilities for commercial activity (limited to members of the homeowners association only), recreational, or cultural purposes, compatible with the common area objectives, may be permitted only with the written approval of the City Council following approval of building, site, and operational plans by the Planning Commission.
   
7. Each Planned Residential Development within the boundary of Highland City shall be required to maintain on file in the City Office Building one copy of the restrictive covenants for said development as originally prepared by the respective architectural committee. Restrictive covenants shall be considered current and any change and addition to said covenants shall require amending the document on file with Highland City within thirty (30) days from the time of any change and/or addition. This modification shall be done in writing by representatives of the architectural committee of said development and delivered to the City Offices.

Because of the unique small lot sizes approved in Cottages on the Green P.U.D., it is necessary to provide exceptions for the building setbacks for these lots. This development contains common area to justify reduced setbacks. Building setback exceptions are as follows:

1. Front setback shall be not less than twenty-five (25) feet to the nearest point of the building foundation;
   
2. Side setback shall be not less than ten (10) feet on either side, except where the lot has common area adjacent to that side, in which case the setback shall be not less than five (5) feet;
   
3. The rear setback shall be not less than twenty-five (25) feet, except where the lot has common area adjacent to the rear lot line, in which case a setback of not less than twenty (20) feet.