The purpose of this Article is to enumerate the conditions under which noncomplying structures and nonconforming uses may continue in existence and to control and gradually eliminate those uses of land or structures which, although legal at the time of their establishment, do not now conform to one or more standards of the Orem City Code or any other applicable building or regulatory ordinance.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0007, Rep&ReEn, 01/27/1998) ; Ord No. O-01-0021, Amended 06/12/2001; Ord. No. O-06-0008, Amended 5/23/2006)

Effective on: 1/1/1901

Except as provided in this Article, a nonconforming use or noncomplying structure may be continued by the present or a future property owner.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0007, Rep&ReEn, 01/27/1998; Ord No. O-01-0021, Amended 06/12/2001; Ord. No. O-01-0024, Amended, 6/12/2001; Ord No. O-06-0008, Amended 5/23/2006)

Effective on: 1/1/1901

A nonconforming use may not be expanded, extended or relocated into any portion of land or structure that it did not occupy at the time it became a nonconforming use. However, notwithstanding the above, a nonconforming use may be expanded or extended under the following circumstances:

1. A nonconforming use may be extended through the same building, provided no structural alteration of the building is proposed or made for the purpose of the extension. The addition of a solar energy device to a building is not a structural alteration for purposes of this subsection.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0007, Rep&ReEn, 01/27/1998; Ord. No. O-01-0021, Amended 06/12/2001; Ord No. O-06-0008, Amended 5/23/2006)

2. A nonconforming residential use in a residential zone may be expanded provided that no additional dwelling units are created and provided that the expansion otherwise complies with all applicable regulations.

   Notwithstanding Section 22-3-5 (C) and (D) below, a nonconforming residential use that is voluntarily or involuntarily demolished may be rebuilt within five (5) years of demolition under the following conditions: a. the residential units may not be stacked; b. the underlying zone must be a residential zone; c. the rebuilt residential unit(s) must meet current residential setbacks and all applicable regulations; d. there shall be at least two (2) onsite parking stalls per unit; e. the maximum number of dwelling units shall be four(4); f. the units shall have a minimum roof pitch of five (5) rise to twelve (12) run; and g. each front, rear and side elevation of the units shall have at least sixty (60) percent of their exterior finishing materials of either brick, stone, cultured stone, cement plank siding, stucco, or a combination of these materials.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0007, Rep&ReEn, 01/27/1998; Ord. No. O-01-0021, Amended 06/12/2001; Ord No. O-06-0008, Amended 5/23/2006; Ord. No. O-2011-0003, Amended 02/08/2011)

Effective on: 1/1/1901

A noncomplying structure may be extended or enlarged provided that the portion so extended or enlarged conforms to the applicable regulations in place at the time work is commenced on the extension or enlargement.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0007, Rep&ReEn, 01/27/1998; Ord No. O-01-0021, Amended 06/12/2001; Ord No. O-06-0008, Amended 5/23/2006)

Effective on: 1/1/1901

1. Except as provided in subparagraph (C) below, repairs and normal maintenance required to keep a noncomplying structure in a safe condition are permitted.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0007, Rep&ReEn, 01/27/1998; Ord. No. O-01-0021, Amended 06/12/2001; Ord No. O-06-0008, Amended 5/23/2006)

2. A noncomplying structure or a structure that is used for a nonconforming use which has been involuntarily destroyed in whole or in part by fire or other calamity, act of nature, or public enemy may be restored or rebuilt and the occupancy or use of such structure may continue or resume unless the structure or use has been abandoned. A noncomplying structure or a structure that is used for a nonconforming use shall be considered to be abandoned and the nonconforming use terminated unless such restoration is commenced within one year and is diligently pursued to completion. A noncomplying structure that is reconstructed under this subsection shall comply with all applicable City ordinances to the greatest extent possible. A structure used for a nonconforming use that is reconstructed under this subsection shall not be increased in size and must be located on the same footprint as the former structure.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0007, Rep&ReEn, 01/27/1998; Ord. No. O-01-0021, Amended 06/12/2001; Ord No. O-06-0008, Amended 5/23/2006)

3. A noncomplying structure may not be reconstructed or restored and the nonconforming use of a structure shall be terminated if:
   1. the structure has deteriorated 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 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 months; or
   2. the property owner has voluntarily demolished a majority of the noncomplying structure or the building that houses the nonconforming use.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0007, Rep&ReEn, 01/27/1998; Ord. No. O-01-0021, Amended 06/12/2001; Ord No. O-06-0008, Amended 5/23/2006)

4. A nonconforming use shall also be terminated if the nonconforming use has been abandoned.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0007, Rep&ReEn, 01/27/1998; Ord. No. O-01-0021, Amended 06/12/2001; Ord No. O-06-0008, Amended 5/23/2006)

Effective on: 1/1/1901

1. A property owner shall have the burden of establishing the legal existence of a noncomplying structure or a nonconforming use.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0007, Rep, 01/27/1998; Ord. No. O-01-0021, Amended 06/12/2001; Ord No. O-06-0008, reenacted 5/23/2006)

2. The City or any party claiming a nonconforming use has been abandoned shall have the burden of establishing the abandonment. An abandonment shall be presumed to have occurred if
   1. 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;
   2. The nonconforming use has been discontinued for a minimum of one year;
   3. The primary structure associated with the nonconforming use remains vacant for a period of one year; or
   4. The nonconforming use has been replaced by a conforming use.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0007, Rep, 01/27/1998; Ord. No. O-01-0021, Amended 06/12/2001; Ord No. O-06-0008, reenacted 5/23/2006)

3. The property owner may rebut the presumption of abandonment under Subsection (B) and shall have the burden of establishing that any claimed abandonment under Subsection (B) has not in fact occurred.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0007, Rep, 01/27/1998; Ord. No. O-01-0021, Amended 06/12/2001; Ord No. O-06-0008, reenacted 5/23/2006)

4. A nonconforming use shall not be transferred or moved from another location unless the use will be in conformance with the zoning regulations of the zone into which it is moved.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0007, Rep, 01/27/1998; Ord. No. O-01-0021, Amended 06/12/2001; Ord No. O-06-0008, reenacted 5/23/2006)

5. No accessory use to a primary nonconforming use may continue after the primary nonconforming use has been abandoned.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0007, Rep, 01/27/1998; Ord. No. O-01-0021, Amended 06/12/2001; Ord ​No. O-06-0008, reenacted 5/23/2006)

6. No use may be considered a legally existing nonconforming use under the provisions of this Article if the use was never lawfully established.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0007, Rep, 01/27/1998; Ord. No. O-01-0021, Amended 06/12/2001; Ord No. O-06-0008, reenacted 5/23/2006)

7. No nonconforming use shall be changed to another nonconforming use.

(Ord. No. 661, Revised, 04/10/1990; Ord. No. O-98-0007, Rep, 01/27/1998; Ord. No. O-01-0021, Amended 06/12/2001; Ord No. O-06-0008, reenacted 5/23/2006)

Effective on: 1/1/1901