Any use of land, building or structure lawfully existing at the time of passage of the ordinance codified in this Title 17 may be continued, even though such use does not conform with the regulations of this title for the zoning district in which it is located.

(Ord. 158 § 1 (part), 1998)

A.

A nonconforming use of land, building or structure shall not be enlarged, extended, reconstructed or structurally altered unless such enlargement, extension, reconstruction or structural alteration and further use of such property conforms to the requirements of this title for the zoning district in which such property is located.

B.

A building or structure occupied by a nonconforming use, or a building or structure nonconforming as to height and/or yard requirements, may be added to or enlarged or moved to a new location on the lot upon a permit authorized by the appeals hearing officer which may issue, provided that the appeals hearing officer, after the hearing, shall find:

1.

The addition to, enlargement of, or moving of the building will be in harmony with one or more of the purposes of this title and shall be in keeping with the intent of this title;

2.

That the proposed change does not impose any unreasonable burden upon the lands and residents located or residing in the vicinity of the nonconforming use or structure.

(Ord. 158 § 1 (part), 1998)

(Ord. No. 2012-2, § 24, 6-25-2012)

Repairs and structural alterations may be made to a nonconforming building or to a structure housing a nonconforming use.

(Ord. 158 § 1 (part), 1998)

A building or structure lacking sufficient off-street parking space 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 such alteration or enlargement.

(Ord. 158 § 1 (part), 1998)

A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake or other calamity or act of God or the public enemy may be restored and the occupancy or use of such building, structure or part thereof which existed at the time of such damage or destruction may be continued or resumed, provided that such restoration is commenced within a period of six months following the damage or destruction and is diligently pursued.

(Ord. 158 § 1 (part), 1998)

A building or structure or portion thereof occupied by a nonconforming use which is or hereafter becomes vacant and remains unoccupied by a nonconforming use for a period of one year shall not thereafter be occupied except by a use which conforms to the use regulations of the zone in which it is located.

(Ord. 158 § 1 (part), 1998)

The occupancy of a building or structure by a nonconforming use existing at the time of passage of this title may be continued.

(Ord. 158 § 1 (part), 1998)

A.

A nonconforming use may only be changed to a use allowed in the zoning district in which the property is located by following the use permitting procedures as identified in this title.

B.

An existing nonconforming lot or parcel shall not be enlarged or modified except to create landscaping, fencing, curb, gutter, road widening, minimum off-street parking or other similar improvements that will provide a safer and more compatible facility.

(Ord. 158 § 1 (part), 1998)

A nonconforming use shall be deemed to be abandoned if the nonconforming use has been discontinued for a consecutive period of two weeks during any twelve month period.

(Ord. 158 § 1 (part), 1998)

Any person adversely affected by a final decision made by the zoning administrator determining the status of a nonconforming use or noncomplying structure may appeal the decision to the appeals hearing officer in accordance with the provisions of Chapter 17.76 of this title.

(Ord. No. 2012-2, § 25, 6-25-2012)

The appeals hearing officer may require the termination of a nonconforming use, except billboards, under any plan providing a formula establishing a reasonable time period during which the owner can recover or amortize the amount of the owner's investment in the nonconforming use, if any, as determined by the zoning administrator. The appeals hearing officer may initiate a review for amortization of nonconforming uses upon a petition filed by the zoning administrator, in accordance with the following standards and procedures and consistent with the County Land Use, Development, and Management Act, Title 17, Chapter 27a, of the Utah Code Annotated and shall mail written notice to the owner and occupant of the property.

A.

Initiation of Termination Procedure. The appeals hearing officer review of a use determined to be nonconforming pursuant to the provisions of this section, for the purpose of establishing an amortization plan for termination of the use, shall first require a report from the zoning administrator to the appeals hearing officer. The zoning administrator's report shall determine the nonconforming use, provide a history of the site and outline the standards for determining an amortization period.

B.

Notice to Nonconforming User. Upon receipt of the report of the zoning administrator, recommending the establishment of an amortization plan for a nonconforming use, the appeals hearing officer shall mail the report and plan to the owner and occupant(s) of the nonconforming use, giving notice of the appeals hearing officer's intent to hold a hearing to consider the request in accordance with the standards and procedures set forth in Chapter 17.08 of this title.

C.

Appeals Hearing Officer Review. The appeals hearing officer shall hold a noticed hearing within a reasonable time, following the procedures established in Chapter 17.08 of this title, on the request for amortization of the nonconforming use. Upon the conclusion of the hearing, the appeals hearing officer shall determine whether the nonconforming use should be amortized within a definite period of time.

D.

Standards for Determining Amortization Period. The appeals hearing officer shall determine the appropriate amortization period upon the consideration of evidence presented by the zoning administrator and the owner of the nonconforming use that is sufficient to make findings regarding the following factors:

1.

The general character of the area surrounding the nonconforming use;

2.

The zoning classification and use(s) of nearby property;

3.

The extent to which property values are adversely affected by the nonconforming use;

4.

The owner's actual amount of investment in the property on the effective date of nonconformance, less any investment required by other applicable laws and regulations;

5.

The amount of loss, if any, that would be suffered by the owner upon termination of the use; and

6.

The extent to which the amortization period will further the public health, safety and welfare.

E.

Appeal. Any person adversely affected by a final decision of the appeals hearing officer may file a petition for review of the decision with the district court within ten days after the decision is rendered.

(Ord. No. 2012-2, § 26, 6-25-2012; Ord. No. 2024-1, § 3(Exh. C), 1-22-2024)