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. Ordinance 5-2017, Amended, 03/23/2017)

The provisions of this chapter shall apply to any use, structure, lot, or other circumstances governed by this title which was legally established but does not conform to the requirements of this title. Any noncomplying structure, nonconforming use, nonconforming lot, or other non-conformity 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 and by the Utah Code. (Ord. Ordinance 5-2017, Amended, 03/23/2017)

A noncomplying structure, nonconforming use, nonconforming lot, or other nonconformity may not be changed or modified except in conformance with the provisions of this title. When any nonconforming use, structure, lot, or other nonconformity becomes conforming, it shall not be changed back to the previously existing nonconforming condition. (Ord. Ordinance 5-2017, Amended, 03/23/2017)

1. Continuation: A nonconforming use of any conforming or nonconforming structure which was legally existing when such use became prohibited may be continued as provided in this chapter.
2. 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 that such expansion:
   1. Does not include any structural alteration;
   2. Creates no additional noise, odor, or vibration; and
   3. Otherwise conforms to the requirements of this title.
3. Nonconforming Use of Open Land: A nonconforming use of open land may be continued provided such nonconforming use shall 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 Nonconforming Uses: A nonconforming use of a lot or parcel where the principal use is not enclosed within a building, such as storage yard, shall not be expanded except in conformity with the requirements of this title.

(Ord. Ordinance 5-2017, Amended, 03/23/2017)

1. Continuation: A noncomplying structure may be continued so long as it is continuously maintained and no additions or enlargements are made thereto and no structural alterations are made therein, except as may be required by law. If any noncomplying structure is removed from the lot or parcel on which it is located, each future structure thereon shall conform to the provisions of this title.
2. Maintenance and Repair: A noncomplying structure may be maintained. Repairs and structural alterations may be made to a noncomplying structure within the existing foot print thereof provided the degree of noncompliance is not increased.
3. Enlargement and Expansion: Any expansion 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 increased the degree of noncompliance shall be made by the zoning administrator.
4. 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.
5. Restoration:
   1. A noncomplying structure damaged by fire, wind, tornado, earthquake, or other disaster may be restored as it existed previously and its use may be continued so long as the structure and use have not been abandoned. Restoration must be complete within one year.
   2. The reconstruction or restoration of a noncomplying structure may be prohibited, or the noncomplying use of a structure may 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 (6) 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 no repaired or restored within six (6) months; or
      2. The property owner has voluntarily demolished a majority of the noncomplying structure or building that houses the nonconforming use.
6. Unsafe Structures: Nothing in this section shall be construed to permit the continuing use of a structure 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. Ordinance 5-2017, Amended, 03/23/2017; Ord. Continuation of Legal Nonconforming Use, Amended, 10/18/2006)

1. 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.
2. 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, yard setbacks, building height, and other applicable requirements, such as building codes.

(Ord. Ordinance 5-2017, Amended, 03/23/2017)

Any nonconforming use, structure, or other nonconformity which is not thus occupied or so used for a continuous period of one (1) 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.

1. Presumption of Abandonment: A nonconforming use, structure, or other nonconformity shall be presumed abandoned when 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 by a public statement indicated 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 for a continuous period of one year; or
   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 the structure has been removed through applicable procedures for the condemnation of unsafe structures.
2. A presumption of abandonment may be rebutted by the property owner by showing no actual abandonment or no intent to abandon the structure or use due to actively and continuously attempting to sell or lease the property where the structure or use is located.

(Ord. Ordinance 5-2017, Amended, 03/23/2017)

In all cases, the property owner shall have the burden of establishing that a nonconforming lot, structure, or the use lawfully exists under the title. (Ord. Ordinance 5-2017, Amended, 03/23/2017)

No provisions of this chapter shall be construed to allow the continuance of any nonconforming use or noncomplying structure when it is detrimental to health, safety, or welfare of the public, or otherwise declared by the courts to be a nuisance. (Ord. Ordinance 5-2017, Amended, 03/23/2017)

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.

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 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. Ordinance 5-2017, Amended, 03/23/2017)

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 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. Ordinance 5-2017, Amended, 03/23/2017)

When a legal nonconforming use or structure is destroyed to an extent of more than 50% of the fair market value of the structure immediately prior to destruction the Planning and Zoning Commission shall grant a Reconstruction Permit, not to exceed its existing nonconformity, when it shall appear from the facts contained in the application, from information obtained by the City, and from the evidence presented, that the following conclusions can be reached: a) The use or structure is legal nonconforming and such nonconformity was not the result of any action by any owner after the application of any action by any zoning regulation with which the building is not in conformity. b) The granting of the reconstruction permit will not permit the reconstruction of a building or land use the nonconformity of which has been or will be materially detrimental or injurious to the neighborhood or public welfare, as shown by substantive evidence.

Nothing in this chapter pertaining to legal nonconforming structures and uses shall be construed or applied so as to require the termination, discontinuance or removal or to prevent the modernization, replacement, repair, maintenance, alteration, reconstruction or rebuilding and continued use of public utility buildings, structures, equipment and facilities, provided that there be no change or enlargement of those areas so used. (Ord. Continuation of Legal Nonconforming Use, Amended, 10/18/2006)