Nephi City Zoning Code

The purpose of this chapter is to control and gradually eliminate those uses of land or buildings which, although legal at the time of their establishment, do not now conform to the use regulations of the zone district within which they are situated. Such uses shall be deemed nonconforming uses and noncomplying structures. Likewise, it is intended to control and gradually eliminate buildings which, although legal at the time of their erection, do not now conform to the height, bulk and location regulations of the zone district within which they are situated. Such buildings shall be deemed to be noncomplying structures.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

1. Continuance Permitted: Except as hereinafter specified, any use, building or structure, lawfully existing at the time of the enactment hereof or subsequent amendment thereto, may be continued even though such use, building, sign or structure does not conform with the provisions of this title or the zone district in which it is located. Except as otherwise provided by law, nothing in this title shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.
2. Affidavit: Following the effective date hereof, or any amendment thereto, by which a use, structure or sign becomes nonconforming, the owner of a land use, structure or sign, may register such nonconforming use, structure or sign, by filing with the administrator an affidavit setting forth the time that said use, structure or sign came into existence, the size of the structure or sign, and the size and extent of the nonconforming use existing on the effective date hereof, or applicable amendment. The administrator shall preserve the affidavit and on the basis of an approved affidavit issue a certificate of occupancy.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

A building, structure, or part thereof, which does not conform to the regulations for the zone district in which it is situated, but for which a building permit was issued and construction started prior to the enactment of this title, may be completed in accordance with such plans, providing work is prosecuted continuously without delay. Such building shall be deemed to be nonconforming and shall be subject to the regulations set forth herein.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

1. May Be Continued: Except as provided in this section, a nonconforming use or noncomplying structure may be continued by the present or a future property owner. A nonconforming use may be extended throughout the same building, provided no structural alteration of the building is proposed or made for the purpose of the extension. For purposes of this section, the addition of a solar energy device to a building is not a structural alteration.
2. Special Provisions:
3. When authorized as a special exception by the legislative body in accordance with this title, a nonconforming use which is determined to be of a more desirable nature may be substituted for another nonconforming use.
4. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
5. When authorized as a special exception by the legislative body in accordance with this title, a building devoted to a nonconforming use may be completed upon the lot occupied by such building; provided, that such completion is necessary and incidental to the existing use of such building.
6. An application for substitution or extension of a nonconforming use may be made to the legislative body by the property owner or certified agent. The legislative body shall give consideration to the nature and condition of adjacent uses and structures and their interaction with the nonconforming use or structure. The legislative body may: deny the substitution or extension; grant the substitution or extension as is; or grant a permit subject to such requirements and conditions with respect to location, construction, maintenance, operation and duration of the proposed use as it may deem necessary for the protection of adjacent properties. A public hearing may be held when deemed to be necessary or in the public interest by the legislative body. 

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

1. Applicability: Nothing in this section shall prohibit the reconstruction or restoration of a noncomplying structure or terminate the nonconforming use of a structure that is involuntarily destroyed in whole or in part due to fire or other calamity unless the structure or use has been abandoned.
2. Use Abandoned When: A use shall be deemed to have been abandoned when:
3. The use has been discontinued for a minimum of one year; or the primary structure associated with the nonconforming use remains vacant for a period of one year;
4. The structure is allowed to deteriorate to a condition that renders the structure 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 not repaired or restored within six (6) months; or
5. The property owner has voluntarily demolished a majority of the noncomplying structure or the building that houses the nonconforming use;
6. A majority of the primary structure associated with the nonconforming use has been voluntarily demolished without prior written agreement with the city regarding an extension of the nonconforming use.
7. Rebuttal Of Presumption: The property owner may rebut the presumption of abandonment under this section and shall have the burden of establishing that any claimed abandonment has not in fact occurred.
8. School Use: The city may terminate the nonconforming status of a school district or charter school use or structure when the property associated with the school district or charter school use or structure ceases to be used for school district or charter school purposes for a period of two (2) years. 

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021