The purpose of this chapter is to establish regulations governing legally established uses, structures, lots or parcels, and other circumstances that do not conform to the applicable requirements of this title, and to control expansion of nonconforming conditions while recognizing the interests of affected property owners.

1. The provisions of this chapter shall apply to any use, lot, parcel, structure, or other circumstance governed by this title which legally existed before the current zoning designation of the land where the circumstance is located and because its current land use designation does not conform with applicable requirements of this title. The right to continue use of a nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity shall also comply with the life safety requirements of applicable construction codes.
2. Any nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity may be continued only to the extent it was lawfully created and as provided in this chapter.
3. Any use, structure, lot, or other circumstance not authorized under a previously existing zoning ordinance, or which was illegal under such ordinance, is not considered a nonconformity, and shall remain unauthorized and illegal unless expressly permitted by the provisions of this title.
4. Other Nonconformities. This chapter shall also apply to other nonconformities including but not limited to improper fence height or location, lack of buffers or screening, lack of or inadequate landscaping, lack of or inadequate off-street parking, operation of on-premises electronic message center signs, and any other nonconformity not addressed by this Chapter.

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

1. Continuation. A nonconforming use or noncomplying structure legally existing when such use became prohibited, may be continued. A vacant structure may be occupied by a use for which the structure was originally designed and intended if occupied within period of one year after the use becomes nonconforming.
2. Expansion within a Complying Structure. A nonconforming use existing within a portion of a conforming structure may be expanded to include the entire floor area of such building provided the expansion:
   1. Does not include any structural alteration; and
   2. Otherwise conforms to the requirements of this title, and
   3. Additional parking space is supplied to meet the requirements of this title for such expansion.
3. A nonconforming use of a lot or parcel 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 or modified except in conformity with the requirements of this title or as may be required by law.

1. Continuation. A noncomplying structure may be continued so long as no additions or enlargements are made thereto, except as permitted by this chapter or as may be required by law. If a noncomplying structure is removed from the lot or parcel where it was located, each future structure on such lot or parcel shall conform to the provisions of this title.
2. Expansion and Enlargement.
   1. Compliant Expansions and Enlargements. A noncomplying structure may be expanded or enlarged if the expansion or enlargement complies with the standards of the zone district and the applicable requirements of this title. The cumulative expansion since the structure became nonconforming does not exceed 50% of the structure’s height, footprint, lot or parcel coverage, and/or area when it became nonconforming.
   2. Noncompliant Expansions and Enlargements. A noncomplying structure may be expanded or enlarged upon a permit authorized by the land use hearing officer, provided that the land use hearing officer shall find the following:
      1. The expansion or enlargement of the structure is compatible with existing development within a reasonable distance in terms of height, mass, applicable building envelope requirements, and lot or parcel coverage; and
      2. The expansion or enlargement of the structure is not detrimental to the health, safety and general welfare of persons residing within a reasonable distance of the subject property.
      3. The cumulative expansion since the structure became nonconforming does not exceed 50% of the structure’s height, footprint, lot or parcel coverage, and/or area when it became nonconforming.
3. Maintenance and Repair. A noncomplying structure may be maintained. Repairs may be made to a noncomplying structure provided the degree of nonconformity is not increased.
4. Relocation. A noncomplying structure may not be relocated within Millcreek unless the structure is placed in a location that conforms with the applicable requirements of this title.
5. Enlargement Where Parking Insufficient. A complying structure housing a use with insufficient parking, as required by this title, may be enlarged provided additional parking is supplied to meet the requirements of this title for the noncomplying portion of the structure and the enlargement.
6. Restoration. A noncomplying structure damaged by fire, wind, earthquake, or other calamity or act of God or the public enemy may be restored as it existed previously, and its use may be continued so long as a building permit is obtained within six months and a certificate of occupancy is issued or a final inspection completed within two years of receipt of a building permit.
7. Deterioration. A noncomplying structure may not be reconstructed or restored 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 months after written notice to the property owner that:
      1. The structure is uninhabitable, and
      2. The noncomplying structure will be lost if the structure is not repaired or restored within six months, or
   2. The property owner has voluntarily demolished a majority of the noncomplying structure.

1. Continuation. A nonconforming lot or parcel 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.
2. New Buildings Constructed on Nonconforming Lots or Parcels:
   1. New Single-Household Dwellings. A new single-household dwelling may be constructed on a legally established lot or parcel that is nonconforming as to area, width, or both, provided:
      1. The lot or parcel was legally nonconforming when the area or width requirements were changed;
      2. The use is for the sole purpose of a single-household dwelling;
      3. There is only one main building on the lot or parcel; and
      4. The dwelling conforms to all requirements of the title, such as use requirements, frontage, yard setbacks, building heights, and all other applicable requirements, including street improvements and compliance with building codes
   2. All Other New Buildings or Structures. New buildings other than single-household dwellings may be constructed on a legally established lot or parcel that is nonconforming as to area, width, or both provided the building conforms to all requirements of the title, such as use requirements, frontage, yard setbacks, building heights, and all other applicable requirements, including street improvements and compliance with building codes.
3. Lot or Parcel with Building. If a nonconforming lot or parcel 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 increase the degree of nonconformity of the lot or parcel. Interior remodeling and/or exterior maintenance of a building within an existing footprint or expansion in compliance with this section shall not require a variance to lot or parcel requirements but shall be reviewed by the Planning Director as though the lot or parcel conforms to the requirements of this title. Such remodeling or maintenance shall require a building permit.
4. Effect of Public Uses. If the required area, width, frontage, or yard space of a lot is rendered noncompliant as a result of acquisition of a portion of the lot for public use, the lot shall be considered a legal lot for purposes of this title. No construction or boundary change may be undertaken which will render these requirements further noncompliant. New buildings, structures or site improvements proposed for construction on such a lot shall meet all other requirements of the zone in which it is located.

1. Alterations.
   1. A nonconforming sign shall not be altered, reconstructed, raised, moved, placed, extended, or enlarged, unless said sign is changed so as to conform to all provisions of this Code. All alterations shall require conformance to the provisions of this Code including any physical changes to the sign panel or the sign cabinet itself. Exclusions from this requirement are as follows:
      1. Face changes
      2. Normal maintenance and repair
      3. Copy changes in signs with a changeable copy feature.
      4. Architectural enhancements to existing multi-tenant pole signs in conjunction with a building façade remodel. The building façade remodel must be at least 25 percent of the front façade of the building. The sign’s overall height, size, and shape shall not be increased.
   2. Any sign serving a property but that is located within or projects into the existing public right-of-way shall be made to conform when the sign is altered or when a conditional use permit, subdivision approval, rezone, or site plan approval for a new building is issued.
2. Restoration. Nonconforming signs which have been allowed to deteriorate or which have been damaged by fire, explosion, act of nature, or act of a public enemy, or damaged by any other cause, to the extent of more than 50 percent of their assessed value shall, if repaired or rebuilt, be repaired or rebuilt in conformity with the regulations of this Code.

1. Abandonment Claims. A person claiming abandonment shall have the burden of establishing the abandonment.
2. Presumption of Abandonment. A nonconforming use, noncomplying structure, or other nonconformity, shall be presumed abandoned when any of the following occurs:
   1. A majority of the primary structure associated with a nonconforming use has been voluntarily demolished without prior written agreement with Millcreek regarding an extension of the nonconforming use.
   2. The use has been discontinued for a continuous period of one year.
   3. The primary structure associated with a nonconforming use remains vacant for a period of one year.
3. Exception for single-household dwellings. Single-household dwellings located in any residential zone shall be exempt from being presumed abandoned.
4. Overcoming Presumption of Abandonment. An affected party may rebut the presumption of abandonment and shall have the burden of establishing that any claimed abandonment has not in fact occurred by providing evidence of no intent to abandon the nonconforming use, noncomplying structure, or other nonconformity. Such evidence may include proof that during the alleged period of abandonment the owner has either:
   1. Maintained the lot or parcel and structure, if any, in accordance with the building code; or
   2. Actively and continuously marketed the lot, parcel, or structure for sale or lease.
5. School Facilities. Millcreek may terminate the nonconforming status of a school district school or charter school use or structure when the property associated with the school district school or charter school use or structure ceases to be used for such purposes for one (1) year, subject to any under Utah State Code Title 53G-5, Chapter 5 Noncompliance, Charter Termination and Liability UCA (53G-5-5).

1. In all cases, the property owner shall have the burden of establishing that a nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity legally existed before its current land use designation. The Planning Director shall review the application as follows:
2. Procedure:
   1. The Owner or applicant seeking a determination shall file a Nonconformities Determination Application following the procedure as set forth in MKZ 18.15.040 (A) and pay all applicable fees as set forth in the consolidated fee schedule, including any additional fees incurred resulting by staff conducting research.
   2. The application shall include evidence that clearly establishes the subject use or structure lawfully existed before its current land use designation.
   3. Acceptable evidence may include:
      1. Historical zoning maps that clearly identify the use and structure that existed.
      2. Historical zoning code supporting historical zoning maps.
      3. Previously issued building permits.
      4. Previously issued conditional use permits.
      5. Documentation supporting a variance was granted or issued for the use or structure.
      6. Aerial imagery that clearly establishes use or structure existed
      7. Court Orders or Judgements
      8. Affidavits from previous property owners attesting to the use/structure.
      9. Evidence of utility connections
      10. A building inspection that certifies that the building or structure was compliant with the codes at the time it was built.
   4. Millcreek shall accept the application and evidence provided and make its findings and determination within fourteen business days. Millcreek shall notify the applicant in writing stating the determination.
3. Application To Have a Structure Declared a Noncomplying Structure. Whenever a structure violates the height or setback provisions of this title, the owner may file an application with the Planning Director to have the structure declared noncomplying, but only after the owner has received a determination status as set forth in MKZ 18.60.090. The Planning Director may acknowledge pre-existing formal nonconforming declarations from the county. The Planning Director shall approve the application when the evidence clearly establishes the following:
   1. The structure has existed at its current location, with the same size, height, and setbacks, for at least ten years;
   2. A third-party building inspector licensed to practice in the State of Utah submits a report to the City finding that the structure poses no threat to the health of safety or persons in or around the structure; and
   3. Millcreek has not taken enforcement action for the violation for a period exceeding five consecutive years during which the violation existed.

1. Billboards. The provisions of this chapter shall not apply to billboards. Nonconforming billboards shall be terminated in accordance with applicable provisions of Utah Code Section 10-9a-512, Termination of a billboard and associated rights, and 10-9a-513, Municipality’s acquisition of billboard by eminent domain. In the event such provisions are repealed, nonconforming billboards shall be subject to the provisions of this chapter.
2. When such chapters within this title regulate specific nonconformities, the provisions of this chapter shall not apply. In the event there is a conflict between this chapter and other chapters within this title, the most restrictive chapter shall prevail.

Any person adversely affected by a final decision of the Planning Director or other official enforcing the provisions of this chapter may appeal that decision to the appeal authority as set forth in MKZ 18.04, Appeals.