The purpose of this chapter is to establish regulations governing legally established lots, structures, uses and other nonconformities that do not conform to applicable requirements of this title. They may continue to exist and be put to productive use, but their nonconforming aspects shall be regulated as provided in this chapter. The intent of this chapter is to recognize the interests of property owners while controlling expansion of nonconforming conditions. (Ord. 2003-23, 11-5-2003, eff. 12-11-2003)

The provisions of this chapter shall apply to all lots, structures, uses and other nonconformities within the City regardless of when the nonconformity was established. Any lot, structure, use or other circumstance governed by this title which does not conform to the provisions of this title may be continued to the extent that it was legally established and complies with applicable provisions of this chapter. (Ord. 2003-23, 11-5-2003, eff. 12-11-2003)

ILLEGAL LOT: Any lot that does not meet the definition of a "zoning lot" as defined in section 18.08.010 of this title.

ILLEGAL NONCONFORMING: Any use, or structure that was created or erected, either contrary to the requirements of the underlying zone, and/or without the required permission from Mapleton City and in conformance with this Code.

NONCONFORMING LOT: A lot or a parcel of real property that:

   A.   Legally existed before its current zoning designation;

   B.   Has been shown continuously on the records of the Utah County Recorder as an independently existing piece of property; and

   C.   As a result of subsequent zoning changes does not conform with the minimum size, width, frontage, depth or other applicable dimensional requirement of the zone where the lot is located.

NONCONFORMING STRUCTURE: A structure, or portion thereof, that:

   A.   Legally existed before its current zoning designation; and

   B.   As a result of subsequent zoning changes does not conform with the setback, height restrictions, or other applicable requirements of this title that govern the structure.

NONCONFORMING USE: A use of land that:

   A.   Legally existed before its current zoning designation;

   B.   Has been maintained continuously since the time the zoning regulation governing the land changed; and

   C.   As a result of subsequent zoning changes does not conform with applicable requirements of this title that govern use of the land.

OTHER NONCONFORMITY: A circumstance governed by this title other than a nonconforming lot, structure, or use that:

   A.   Legally existed before the current zoning designation of the lot where the nonconformity is located; and

   B.   As a result of subsequent zoning changes does not conform with applicable requirements of this title. (Ord. 2003-23, 11-5-2003, eff. 12-11-2003)

   A.   No building permit may be lawfully issued nor shall a certificate of occupancy be granted until the planning director or his/her designee has given authorization indicating all requirements of this chapter, all conditions and stipulations of approval, and any other specific project related requirements have been met.

   B.   A person, firm, or corporation violating any of the stipulations, conditions of approval, or any other provision of this chapter shall be guilty of a class C misdemeanor, punishable by a fine or imprisonment, or by both. Any such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during which any violation occurs.

   C.   In addition to, or independent of the criminal penalties provided above, the city may bring a civil proceeding in a court of competent jurisdiction to enforce compliance with the terms of this chapter, or to prevent, restrain, or abate any violation of the terms of this chapter.

   D.   Any violation of this chapter is declared to be a public nuisance, and instead of, or in addition to, any criminal or civil enforcement measure authorized by this chapter, may be enjoined or restrained by the city as other nuisances are abated under authority of Mapleton City. (Ord. 2003-23, 11-5-2003, eff. 12-11-2003)

A nonconforming lot, structure, use or other nonconformity may not be changed except in conformance with the provisions of this title. Whenever any nonconforming use is changed to a less intensive nonconforming use, such use shall not be changed back to a more intensive nonconforming use. Whenever any nonconforming use is changed to a conforming use, such use shall not later be changed to a nonconforming use. (Ord. 2003-23, 11-5-2003, eff. 12-11-2003)

   A.   Continuation: A nonconforming use which was legally existing when such use became prohibited may be continued as provided in this section and by any other applicable provision of this chapter, so long as it remains otherwise lawful, subject to applicable standards and limitations in this chapter.

   B.   Expansion Within Conforming Building: A nonconforming use existing within a portion of a conforming building may not be expanded to include the entire floor area of such building.

   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 building or open land, except as may be required by law.

   D.   Expansion Of Outdoor Nonconforming Uses: A nonconforming use of a lot where the principal use is not enclosed within a building, shall not be expanded unless the strict provisions of this chapter are met.

   E.   Restoration: A nonconforming use in a conforming structure damaged by fire, wind, earthquake, or other natural disaster or calamity may be restored as it existed previously and its use may be continued so long as restoration is complete within one year. A building permit necessary for the restoration shall be applied for no later than six (6) months after the damage occurred. An extension may be granted by the planning and zoning director for up to an additional six (6) months if the applicant has shown a diligent effort to complete the restoration. Said restoration must be completed to the extent that no less than fifty percent (50%) of the necessary work has been completed within the one year period as determined by the Mapleton City building official. (Ord. 2003-23, 11-5-2003, eff. 12-11-2003)

   A.   Continuation: A nonconforming structure in any zone may be continued as provided in this section and any other applicable provision of this chapter so long as no additions or enlargements are made thereto and no structural alterations are made therein, except as provided in this section or as may be required by law. If any nonconforming structure is removed from the lot where it was located each future structure thereon shall conform to applicable provisions of this title.

   B.   Maintenance And Repair: A nonconforming structure may be maintained. Repairs and structural alterations may be made to a nonconforming structure within the existing footprint thereof provided that the degree of nonconformity is not increased.

   C.   Expansion And Enlargement: No nonconforming structure may be enlarged, altered or expanded unless such alterations make the structure conforming to the requirements in the underlying zone. Buildings or structures that are nonconforming due to the fact that they do not meet the setback requirements in the zone, may be expanded so long as the expansion does not further violate the setback requirements. Any additions to a building or structure that will increase the height of a structure may be permitted only if the addition can meet the requirements in the underlying zone, including setback. Therefore, if an existing home had a side yard less than what was required in the zone, and the homeowner wished to add a second story to the building, the second story would be required to meet the setback requirement.

   D.   Relocation: If a nonconforming structure is relocated within the City, it must be made to become conforming to the zone wherein the structure is placed. A conditional use permit obtained from the Planning Commission shall also be required.

   E.   Restoration: A nonconforming structure in a conforming structure damaged by fire, wind, earthquake, or other natural disaster or calamity may be restored as it existed previously and its use may be continued so long as restoration is complete within one year. A building permit necessary for the restoration shall be applied for no later than six (6) months after the damage occurred. An extension may be granted by the Planning and Zoning Director for up to an additional six (6) months if the applicant has shown a diligent effort to complete the restoration. Said restoration must be completed to the extent that no less than fifty percent (50%) of the necessary work has been completed within the one year period as determined by the Mapleton City building official. (Ord. 2003-23, 11-5-2003, eff. 12-11-2003)

   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 section and any other applicable provision of this chapter.

   B.   Residential Zones: A new dwelling may be constructed on a legally established lot which is nonconforming as to area and frontage provided the dwelling conforms to all other requirements of this title and other applicable codes.

   C.   Nonresidential Zones: A new building may be constructed on a legally established lot which is nonconforming as to area, frontage and/or width provided the building conforms to all other requirements of this title and other applicable codes.

   D.   Lot With Existing Building Or Structure: If a nonconforming lot contains a legally established structure the owner may continue the legal use of such structure and may expand the structure so long as the expansion conforms to applicable requirements of this title. Residential structures located on a nonconforming lot may be enlarged or rebuilt provided that it meets the requirements of the underlying zone.

   E.   Illegal Lots: Any lot that does not meet the strict definition of a "zoning lot" as described in section 18.08.010 of this title, and has been created illegally, shall not be issued a building permit. Any home located on a lot that was created illegally, shall not be issued a building permit to expand, enlarge, or rebuild the home, or a building permit to construct an accessory building or structure. Any home or structure located on a lot that was illegally created prior to July 1992, may be granted the status of "nonconforming" by the Planning Commission with the following criteria and conditions of approval:

      1.   Ownership: The home must not be owned by the person(s) who created the illegal lot nor by anyone related to said person(s) either by blood or adoption to the fourth degree of consanguinity.

      2.   Setbacks: The creation of the illegal lot did not cause nonconformance to the setbacks of any structure located on the lot or adjacent lots.

      3.   Conditions: The planning commission may require that the property owner enter into a signed and recorded agreement stating that if the property that was split away from the parcel containing the existing home is developed, that the lot with the home must become a part of the development either by means of a subdivision lot or as allowed in title 17 of this code. If the lot is adjacent to property that has been improved to meet Mapleton City standards, including the installation of curb, gutter and sidewalk, the planning commission may also require the installation of those improvements, which may have been required when the property was divided or altered. Other conditions may include additional landscaping and/or any other items necessary to bring the property to current standards as directed by this code.

   F.   Accessory Buildings: Accessory buildings customarily incidental to a main building or structure may be constructed on a nonconforming lot provided the accessory building and its location on the lot meets all other applicable building and zoning requirements. (Ord. 2003-23, 11-5-2003, eff. 12-11-2003)

   G.   Boundary Line Adjustments: A legal nonconforming lot of record may be altered in size and configuration without losing its legal nonconforming status if the alteration is part of a boundary line adjustment to correct boundary overlaps, gaps or fence line disputes. (Ord. 2014-02, 1-7-2014, eff. 2-2-2014)

   A.   Application And Intent: This section shall apply to any other circumstance which does not conform to the requirements of this title 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 covered by sections 18.20.040, 18.20.050, and 18.20.060 of this chapter. Because the nonconformities regulated by this section involve less investment and are more easily corrected than those regulated by sections 18.20.040, 18.20.050, and 18.20.060 of this chapter, the intent of the city is to eliminate such nonconformities as quickly as practicable. The degree of such nonconformities shall not be increased.

   B.   Nonconforming Development With Approved Site Plan: Any nonconforming development which is governed by an approved site plan shall be deemed to be in conformance with this title to the extent such development conforms to the plan.

   C.   Compliance Required: A nonconformity other than one enumerated in sections 18.20.040, 18.20.050, and 18.20.060 of this chapter shall be brought into conformance upon the occurrence of any one of the following:

      1.   Any action which increases the floor area of the premises by more than twenty five percent (25%). (Ord. 2003-23, 11-5-2003, eff. 12-11-2003)

When area or yard setbacks of a legally established lot are reduced as the result of conveying land to a federal, state or local government for a public purpose, such as a city street for use by the general public, such lot and yards shall be deemed to be in compliance with the minimum lot size and yard setback standards of this title without any need for a variance. (Ord. 2003-23, 11-5-2003, eff. 12-11-2003)

   A.   Presumption Of Abandonment By Passage Of Time: Any nonconforming structure or use which is not occupied or used for a continuous period of six (6) months shall be presumed abandoned and shall not thereafter be reoccupied or used except in a manner that conforms to the requirements of this title unless the presumption of abandonment is overcome as provided in subsection C of this section.

   B.   Presumption Of Abandonment By Event: Independent of the six (6) month requirement set forth in subsection A of this section, a nonconforming structure or use shall be presumed abandoned when any of the following events occur:

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

      2.   A less intensive use has replaced the original nonconforming use;

      3.   The owner has physically changed the structure or its permanent equipment in a way that reduces or eliminates the nonconformity; or

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

   C.   Overcoming Presumption Of Abandonment: A presumption of abandonment may be rebutted upon evidence presented by the owner showing no intent to abandon the structure or use. Such evidence may include proof that during the alleged period of abandonment the owner has done either of the following:

      1.   Maintained the structure or use, if any, in accordance with the applicable codes; or

      2.   Has actively and continuously attempted to sell or lease the property where the structure or use is located. (Ord. 2003-23, 11-5-2003, eff. 12-11-2003)

   A.   Procedure: The planning director, or his/her designee, shall determine the existence, expansion, or modification of a nonconforming lot, structure, use or other nonconformity as provided in the following procedure:

      1.   If a determination of the nonconforming status of a property is desired, the owner or his designee shall make application for a zone verification with the department of planning. The planning director shall then investigate the factual and legal history of the subject property and shall thereafter make a preliminary determination of nonconforming status of the property.

      2.   Notice of the preliminary determination of nonconforming status shall be mailed to the owners of the subject property and immediately abutting properties, and to the chairman of the neighborhood where the property is located.

      3.   If within fourteen (14) days after notice is mailed, information is received by the planning director which may affect the validity of the preliminary determination, the director shall make an amended preliminary determination. Notice of the amended preliminary determination shall be given. (Ord. 2003-23, 11-5-2003, eff. 12-11-2003)

      4.   If no new information is received by the planning director within fourteen (14) days after notice of a preliminary determination is mailed, the preliminary determination shall become final. The notice shall include a statement that the final determination may be appealed to the planning commission as provided in section 18.84.460 of this title, and shall state the date by which the appeal must be filed. (Ord. 2013-04, 2-19-2013, eff. 4-1-2013)

   B.   Burden Of Proof: In all cases, the property owner shall have the burden of proving by a preponderance of evidence that a lot, structure, use or other circumstance which does not conform to the provisions of this title complied with applicable ordinance requirements in effect when the nonconforming circumstance was established.

   C.   Abatement Or Compliance: If a property owner is unable to demonstrate that a lot, structure, use or other nonconforming circumstance was legally established, it shall be deemed illegal and shall be abated or brought into conformance with applicable provisions of this title. Abatement or compliance shall be achieved within thirty (30) days, unless the work which must be undertaken to achieve compliance cannot be accomplished in that time period. In such case the owner of the property shall enter into a legally binding agreement wherein the owner agrees to a schedule to achieve conformity as soon as reasonably practicable, so long as compliance is achieved within six (6) months. (Ord. 2003-23, 11-5-2003, eff. 12-11-2003)

Any person aggrieved by a decision of the community development director, planning commission, city council or other official enforcing the provisions of this chapter may appeal for relief therefrom as provided in section 18.84.460 of this title. (Ord. 2013-04, 2-19-2013, eff. 4-1-2013)