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 property owners.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

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

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. 2005-15, 7-21-2005)

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

(Ord. 2018-12, 10-18-2018)

A.

Continuation. A nonconforming use of a conforming structure, or noncomplying structure legally existing when such use became prohibited, may be continued. A vacant noncomplying structure may be occupied by a use for which the noncomplying structure was designed or intended if so occupied within a period of six months after the use became nonconforming.

B.

Expansion within a conforming building. 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;

2.

Creates no noise, odor, or vibration; and

3.

Otherwise conforms to the requirements of this title.

C.

Nonconforming use of open land. A nonconforming use of open land may be continued provided such nonconforming 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.

D.

Expansion of outdoor nonconforming use. A nonconforming 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 title.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. 2005-15, 7-21-2005)

A.

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 section or as may be required by law. If a noncomplying structure is removed from the lot where it was located, each future structure on such lot shall comply with the provisions of this title.

B.

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 noncompliance is not increased.

C.

Enlargement and expansion. Any expansion or enlargement of a noncomplying structure that increases the degree of noncompliance is prohibited except as provided in this subsection.

1.

The initial determination of whether a proposed expansion increases the degree of noncompliance shall be made by the Zoning Administrator.

2.

A structure which is noncomplying as to height, area, or yard requirements may be enlarged upon authorization by the Appeals Board provided the board, after notice and a hearing, finds the enlargement to be compatible with adjoining property and not detrimental to the community, as determined by the effect of the enlargement on traffic, value of adjacent and nearby properties, and the availability of adequate public facilities and services.

D.

Relocation. If a noncomplying structure is relocated within the City, it shall be placed only in a location where it fully complies with the requirements of this title.

E.

Alteration where parking insufficient. A building which is complying except for sufficient automobile parking, as required by this title, may be altered or enlarged provided additional automobile parking space is supplied to meet the requirements of this title for the noncomplying portion of the old structure and the alteration or enlargement.

F.

Reconstruction or restoration.

1.

The reconstruction or restoration of a noncomplying structure or the nonconforming use of a structure that is involuntarily destroyed in whole or in part due to fire or other calamity may be prohibited or terminated if the structure or use has been abandoned.

2.

The reconstruction or restoration of a noncomplying structure may be prohibited, or the nonconforming use of a structure may be terminated, if:

a.

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 the structure is uninhabitable and that the noncomplying structure or nonconforming use will be lost if the structure is not repaired or restored within six months; or

b.

The property owner has voluntarily demolished a majority of the noncomplying structure or the building that houses the nonconforming use.

G.

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 noncomplying structure shall be subject to the life safety requirements of applicable housing, building, health, and other life safety codes.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. 2005-15, 7-21-2005; Ord. 2018-12, 10-18-2018)

A.

Continuation. A nonconforming lot 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.

B.

New single-family dwelling. A new single-family dwelling may be constructed on a legally established lot 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 primary building on the lot or parcel; 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, fire protection, and building codes.

C.

Lot with building. If a nonconforming lot contains a building legally established before the effective date of this title, 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 title.

D.

Accessory building. An accessory building customarily incidental to a dwelling may be constructed on a nonconforming lot provided:

1.

The accessory building does not exceed 1,000 square feet in floor area nor exceed 15 feet 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.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

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 10-8-4, 10-8-5, and 10-8-6 of this chapter.

A.

Nonconforming development with approved site plan. Nonconforming development that is consistent with a site plan approved before the effective date of this title shall be deemed to be in conformance with this title 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 10-8-4, 10-8-5, and 10-8-6 of this chapter shall be brought into conformance upon the occurrence of any one of the following:

1.

Any increase of more than 30 percent in floor area or 50 percent 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.

B.

Compliance. Because nonconformities addressed in this section involve less investment and are more easily corrected than those addressed in sections 10-8-4, 10-8-5, and 10-8-6 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.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

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 75 percent 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 title without any need for a variance.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

Any nonconforming use, noncomplying structure, or other nonconformity which is not thus occupied or so used for a continuous period of one year shall be deemed abandoned and shall not thereafter be reoccupied or used except in a manner that conforms to the requirements of this title.

A.

Presumption of abandonment. A nonconforming use, noncomplying structure, or other nonconformity shall be presumed abandoned when any of the following occurs:

1.

A structure or portion thereof occupied by a nonconforming use becomes vacant and remains unoccupied for a continuous period of one year;

2.

The owner has in writing or by public statement indicated an intent to abandon the use, structure, or other nonconformity;

3.

A less intensive use, as determined by the Zoning Administrator, has replaced the original nonconforming use;

4.

The owner has physically changed the structure or its permanent equipment in such a way as to indicate a change in use or activity to something other than the nonconforming use; or

5.

The structure has been removed through applicable procedures for the condemnation of unsafe structures.

B.

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.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. 2005-15, 7-21-2005)

In all cases, the property owner shall have the burden of establishing that a noncomplying structure, nonconforming lot, or use lawfully exists under this title.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. 2005-15, 7-21-2005)

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

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. 2005-15, 7-21-2005)

The Zoning Administrator may suspend any requirement that a noncomplying structure, nonconforming use, lot, or other nonconformity come into compliance with the provisions of this title if the owner of the affected property demonstrates that he has not recovered or amortized the amount of his investment in the noncomplying structure, nonconforming use, lot, or other nonconformity.

A.

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.

B.

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 nonconforming;

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.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. 2005-15, 7-21-2005)

The provisions of this chapter shall not apply to billboards. Nonconforming billboards shall be terminated in accordance with applicable provisions of Utah Code Annotated sections 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.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

Any person aggrieved by a decision of the Zoning Administrator or other official enforcing the provisions of this chapter may appeal for relief therefrom to the Appeals Board as provided in this title.

(Ord. 2018-12, 10-18-2018)