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 non-conforming conditions while recognizing the interests of property owners.

The provisions of this chapter shall apply to any use, structure, lot, or other circumstance governed by this chapter which was legally established but does not conform to the requirements of this chapter. Any non-complying structure, non-conforming use, lot, or other nonconformity may be continued only to the extent it was lawfully created, and as provided in this chapter. Any non-complying structure, non-conforming use, 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 or permitted by the provisions of this chapter.

A non-complying structure, non-conforming use, lot, or other nonconformity may not be changed except in conformance with the provisions of this chapter or as authorized by the board of adjustment. To the extent any non-complying structure, non-conforming use, lot, or other nonconformity becomes conforming, it shall not be changed back to the previously existing non-conforming condition.

1. Continuation:
   A non-conforming use may be continued in essentially the same form as when it began, except as provided in this section.
2. Expansion:
   A non-conforming use existing within a portion of a building may be expanded to include the entire floor area of such building , and a non-conforming use may be extended into another structure on the same lot that was previously legally utilized for the same use, provided no structural alteration of the building is proposed or made for the purpose of such expansion, and such use otherwise complies with the provisions of this chapter.
3. Non-Conforming Use Of Open Land:
   A non-conforming use of open land may be continued provided such non-conforming 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.
4. Expansion Of Outdoor Non-Conforming Use:
   A non-conforming use of a lot 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 chapter.

1. Continuation:
   A non-complying structure may be continued, except as provided in this section. If a non-complying structure is removed from the lot where it was located, each future structure on such lot shall comply with the provisions of this chapter.
2. Maintenance And Repair:
   A non-complying structure may be maintained. Repairs and structural alterations may be made to a non-complying structure within the existing footprint thereof provided the degree of noncompliance is not increased.
3. Enlargement And Expansion:
   Any expansion or enlargement of a non-complying structure that increases the degree of noncompliance is prohibited..
4. Relocation:
   If a non-complying structure is relocated within the city, it shall be placed only in a location where it fully complies with the requirements of this chapter.
5. Alteration Where Parking Insufficient:
   A building which is complying except for sufficient automobile parking, as required by this chapter, may be altered or enlarged provided additional automobile parking space is supplied to meet the requirements of this chapter for the non-complying portion of the old structure and the alteration or enlargement.
6. Reconstruction Or Restoration:
   1. The reconstruction or restoration of a non-complying structure shall be prohibited, and the non-conforming use of a structure shall be terminated, if the structure is involuntarily destroyed in whole or in part due to fire or other calamity, and such structure or use has been abandoned.
   2. The reconstruction or restoration of a non-complying structure shall be prohibited, or the non-conforming 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 one (1) Year after written notice to the property owner that the structure is uninhabitable and that the non-complying structure or non-conforming use will be lost if the structure is not repaired or restored within one (1) year; or
      2. The property owner has voluntarily demolished a majority of the non-complying structure or the building that houses the non-conforming use.
7. 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 non-complying structure shall be subject to the life safety requirements of applicable housing, building, health, and other life safety codes.

1. Continuation:
   A non-conforming lot may continue to be occupied and used although it may not conform in every respect with the dimensional requirements of this chapter, 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 which is non-conforming as to area, width, or both, provided:
   1. The lot was legally non-conforming 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 primary building on the lot or parcel; and
   4. The dwelling will conform to all other requirements of this chapter, such as lot frontage, yard setbacks, building height, and other applicable requirements, such as street improvements, fire protection, and building codes.
3. Lot With Building:
   If a non-conforming lot contains a building legally established before the effective date of this chapter, 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 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 requirements but shall be reviewed by the zoning administrator as though the lot conforms to the requirements of this chapter.
4. Accessory Building:
   An accessory building customarily incidental to a dwelling may be constructed on a non-conforming lot provided:
   1. The accessory building does not exceed one thousand (1,000) square feet in floor area nor exceed fifteen feet (15') in height.
   2. The use of the lot is primarily residential.
   3. The accessory building conforms to all other requirements pertaining to yard setbacks, fire protection, and building codes.

This section shall apply to any other nonconformity including, but not limited to, 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 sections 152-8-4, 152-8-5, and 152-8-6 of this chapter.

1. Non-Conforming Development With Approved Site Plan:
   Non-conforming development that is consistent with a site plan approved before the effective date of this chapter shall be deemed to be in conformance with this chapter to the extent it is consistent with the approved site plan and to the extent 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 152-8-4, 152-8-5, and 152-8-6 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%) in floor area or fifty percent (50%) of the value of the building or premises.
   2. For a lot located in a commercial, business, or industrial zone, any change in use to a more intensive use when a new certificate of occupancy is required.
2. Compliance:
   Because nonconformities addressed in this section involve less investment and are more easily corrected than those addressed in sections 152-8-4, 152-8-5, and 152-8-6 of this chapter, the intent of the city is to eliminate such nonconformities as quickly as practicable. The extent of such nonconformities shall not be increased.

When area or setbacks of a legally created lot are reduced as the result of conveyance to a federal, state or local government 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 shall be deemed to be in compliance with the minimum lot size and setback standards of this chapter without any need for a variance.

Any non-conforming use or other nonconformity which has been abandoned pursuant to the provisions of this subsection shall be terminated.

1. Presumption Of Abandonment:
   A non-conforming use, non-complying structure, or other nonconformity shall be presumed abandoned when any of the following occurs:
   1. A majority of the primary structure associated with the nonconforming use has been voluntarily demolished without prior written agreement with the zoning administrator regarding an extension of the nonconforming use;
   2. The use has been discontinued for a minimum of one year; or
   3. The primary structure associated with the nonconforming use remains vacant for a period of one year.
2. 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.

In all cases, the property owner shall have the burden of establishing that a non-complying structure, non-conforming lot, or use lawfully exists under this chapter.

No provision of this chapter shall be construed to allow the continuance of any non-conforming use or non-complying structure when it is detrimental to the health, safety, or welfare of the public.

The zoning administrator may suspend any requirement that a non-complying structure, non-conforming use, lot, or other nonconformity come into compliance with the provisions of this chapter if the owner of the affected property demonstrates that he/she has not recovered or amortized the amount of his/her investment in the non-complying structure, non-conforming use, lot, or other nonconformity. Any extension of time must be renewed on an annual basis.

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 zoning Administrator.
2. Information Required:
   The following information shall accompany the request:
   1. The amount of the owner's investment in the use, structure, lot, or other nonconformity from the time it became non-conforming;
   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; and
   3. Evidence of any lease or purchase obligations undertaken in reliance on any previously issued licenses or permits applying to the use, structure, lot, or other nonconformity, including any contingency clauses therein permitting termination of such lease.

The provisions of this chapter shall not apply to billboards. non-conforming billboards shall be terminated in accordance with applicable provisions of sections 10-9a-512 and 10-9a-513, Utah Code Annotated. In the event such provisions are repealed, non-conforming billboards shall be subject to the provisions of this chapter.

Any person aggrieved by a decision of the zoning administrator or other official enforcing the provisions of this chapter may appeal for relief therefrom in accordance with the provisions of section 152-7-19 of this chapter.