In accordance with Utah Code § 10-9a-103(21) (1953 as amended), a non-conforming use is a use of land that legally existed before its current land use designation, has been maintained continuously since the time the land use ordinance governing the land changed, and because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land.

Once a non-conforming use has been brought into compliance with the regulations of the current Zoning Ordinance for any period of time, the non-conforming use status of the property is forfeited and the non-conforming use shall not be reestablished. From that time forward the use of the parcel shall comply with all regulations of the Zoning Ordinance.

In accordance with Utah Code § 10-9a-103(20) (1953 as amended), a non-complying structure is a structure that legally existed before its current land use designation, and because of one or more subsequent land use ordinance changes, does not conform to the setback, frontage, lot size, off-street parking, height restrictions, or other regulations, excluding those regulations which govern the use of land.

A non-complying structure or a structure that houses a legal non-conforming use shall be maintained and kept in good repair. Basic repairs and cosmetic improvements may be completed to the structure provided the repairs or cosmetic improvements satisfy the regulations of the adopted building and fire codes.

Non-conforming uses that legally existed prior to a change in the land use ordinance that governs the use of land may continue to be utilized for a non-conforming use unless the structure is vacated or the use ceased for a continuous period in excess of one (1) year, provided however it does not constitute a safety or health hazard, is not a nuisance, and is not otherwise dangerous to life and property values. No such non-conforming use of land may in any way be expanded or extended except as allowed by this Chapter.

A previously authorized non-conforming use that has ceased for a period in excess of one (1) year shall not be allowed. The future use of the property shall conform to the provisions of this Title.

Payson City will not authorize the continuation of a non-conforming use through actions of the owner to conduct the non-conforming use on a short-term basis only to obtain an extension. The owner must be able to demonstrate that the use will be employed for at least three (3) months once the use has commenced.

An applicant seeking relief under the provisions of this Chapter shall have the burden of proof in demonstrating that the non-conforming use occurred within the one (1) year timeframe, or that the regulations of a previous version of a land use ordinance allowed the construction of a structure that is now non-complying due to changes in the land use ordinances. Failure to provide evidence of a non-conforming use or non-complying structure may result in denial of the remedies allowed in this Chapter.

In accordance with Utah Code § 10-9a-511(2)(b) (1953 as amended), the City Council may terminate or cause to bring into compliance, except billboards, a non-conforming use. In terminating a non-conforming use or bringing the non-conforming use into compliance, the City Council will address the following:

1. If the City Council intends to terminate a non-conforming use the City Council will provide a formula that will establish a reasonable time period during which the owner can recover or amortize the amount of the investment in the non-conforming use, if any.
2. The City Council may enter into a signed development agreement with the owner that establishes a reasonable time period to bring into compliance some or all of the requirements of the development ordinances of the City. The development agreement will be recorded against the property in the office of the Utah County Recorder.

One (1) accessory or temporary structure may be placed on a parcel that contains a non-conforming use provided the accessory or temporary structure is no larger than two hundred (200) square feet and is not placed on a permanent foundation. The property owner must be willing to sign a statement indicating that the accessory or temporary structure is a non-conforming use and subject to all provisions of this Chapter including setbacks, height and placement provisions.

The following general requirements will apply to any addition, enlargement, expansion, and relocation of a non-complying structure:

1. At any time the non-complying attributes of a structure can be brought into compliance with the regulations of this Title, the alteration must be completed by the applicant.
2. In each case, a five (5) foot public utility easement will be provided and maintained around the perimeter of each parcel except along a public street where the public utility easement shall be ten (10) feet. If there is an existing structure located within the public utility easement, as much of the easement as possible shall be protected.
3. Notwithstanding the provisions of this Chapter, a non-complying structure shall not be enlarged or expanded unless the applicant is able to demonstrate that the off-street parking requirements, clear view provisions, height regulations, compatibility issues, and other typical zoning requirements regulated by this Title have been satisfied.

The following general requirements will apply to any restoration of a non-complying structure:

1. At any time the non-complying attributes of a structure can be brought into compliance with the regulations of this Title, the alteration must be completed by the applicant.
2. In each case, a five (5) foot public utility easement will be maintained around the perimeter of each parcel except along a public street where the public utility easement shall be ten (10) feet. If there is an existing structure located within the public utility easement, as much of the easement as possible shall be protected.
3. Notwithstanding the provisions of this Chapter, a non-complying structure shall not be enlarged or expanded unless the applicant is able to demonstrate that the off-street parking requirements, clear view provisions, height regulations, compatibility issues, and other typical zoning requirements regulated by this Title have been satisfied.

The following general requirements will apply to any reconstruction of a non-complying structure:

1. At any time the non-complying attributes of a structure can be brought into compliance with the regulations of this Title, the alteration must be completed by the applicant.
2. In each case, a five (5) foot public utility easement will be maintained around the perimeter of each parcel except along a public street where the public utility easement shall be ten (10) feet. If there is an existing structure located within the public utility easement, as much of the easement as possible shall be protected.
3. Notwithstanding the provisions of this Chapter, a non-complying structure shall not be enlarged or expanded unless the applicant is able to demonstrate that the off-street parking requirements, clear view provisions, height regulations, compatibility issues, and other typical zoning requirements regulated by this Title have been satisfied.