(1) Continuation. A nonconforming use which was legally existing when such use became prohibited may be continued as provided in this Section and by any other applicable provision of this Chapter, so long as it remains otherwise lawful, subject to applicable standards and limitations in this Chapter.

(2) Expansion Within Conforming Building. A nonconforming use existing within a portion of a conforming building may not be expanded.

(3) Expanding and Altering Nonconforming Uses of Land and Structures. No nonconforming use may be moved, enlarged or altered and no nonconforming use of land may occupy additional land, except as provided in this Section.

(4) Nonconforming Use of Open Land. A nonconforming use of open land may be continued provided such nonconforming use shall not be expanded or extended into any building or open land, except as may be required by law.

(5) Expansion of Outdoor Nonconforming Uses. A nonconforming use of a lot 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 except in conformity with the requirements of this Title.

(6) Restoration. A nonconforming use in a conforming structure damaged by fire, wind, tornado, earthquake, or other natural disaster or calamity may be restored as it existed previously and its use may be continued so long as restoration is complete within one (1) year.

(1) Continuation. A noncomplying structure in any zone may be continued as provided in this Section and any other applicable provision of this Chapter so long as no additions or enlargements are made thereto and no structural alterations are made therein, except as provided in this Section or as may be required by law. If any noncomplying structure is removed from the lot where it was located each future structure thereon shall conform to applicable 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 footprint thereof provided that the degree of nonconformity is not increased.

(3) Expansion and Enlargement. Any expansion of a noncomplying structure that increases the degree of nonconformance is prohibited except as provided in this Subsection or as may be required by law. An existing one-family dwelling which is nonconforming as to height, area, or yard regulations may be added to or enlarged if the addition or enlargement conforms with applicable requirements of this Title. Provided, however, that such a dwelling which is nonconforming as to side yard requirements but having a minimum side yard of not less than three (3) feet, may be extended along the nonconforming building line to the extent of one-half (1/2) the length of the existing dwelling if such extension is for the purpose of enlarging and maintaining the existing dwelling unit in the structure, and provided such enlargement conforms to all other regulations of the zone in which the dwelling is located.

(4) Relocation. If a noncomplying structure is relocated within the City, it shall be located in a manner which fully conforms with applicable requirements of this Title, including the procedures set forth in Chapter 14.40, Provo City Code.

(5) Restoration. A noncomplying structure damaged by fire, wind, tornado, earthquake, or other natural disaster or calamity may be restored as it existed previously and its use may be continued so long as restoration is complete within one (1) year.

(1) Continuation. 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, subject to the provisions of this Section and any other applicable provision of this Chapter.

(2) Residential Zones. A new dwelling may be constructed on a legally established lot which is nonconforming as to area, frontage and/or width provided the dwelling conforms to all other requirements of this Title and other applicable codes.

(3) Nonresidential Zones. A new building may be constructed on a legally established lot which is nonconforming as to area, frontage and/or width provided the building conforms to all other requirements of this Title and other applicable codes.

(4) Lot with Existing Building or Structure. If a nonconforming lot contains a legally established structure the owner may continue the legal use of such structure and may expand the structure so long as the expansion conforms to applicable requirements of this Title.

(5) Accessory Buildings. Accessory buildings customarily incidental to a main building or structure may be constructed on a nonconforming lot provided the accessory building and its location on the lot meets all other applicable building and zoning requirements.

(1) Application and Intent. This Section shall apply to any other circumstance which does not conform to the requirements of this Title including, but not limited to, fence height or location; lack of buffers or screening; lack of or inadequate landscaping; lack of or inadequate off-street parking; and any other nonconformity not covered by Sections 14.36.040, 14.36.050, and 14.36.060 of this Chapter. Because the nonconformities regulated by this Section involve less investment and are more easily corrected than those regulated by Sections 14.36.030, 14.36.040, and 14.36.050 of this Chapter, the intent of the City is to eliminate such nonconformities as quickly as practicable. The degree of such nonconformities shall not be increased.

(2) Nonconforming Development with Approved Site Plan. Any nonconforming development which is governed by an approved site plan shall be deemed to be in conformance with this Title to the extent such development conforms to the plan.

(3) Compliance Required. Except as provided in Subsection (4), a nonconformity other than one enumerated in Sections 14.36.040, 14.36.050, and 14.36.060 of this Chapter shall be brought into conformance upon the occurrence of any one of the following:

(4) This Section shall not apply to property located in any DT1 or DT2 zone.

(1) Burden of Proof. Any party claiming that a nonconforming use has been abandoned shall have the burden of establishing the abandonment.

(2) Presumption of Abandonment. Abandonment of a nonconforming use may be presumed to have occurred if:

(3) Rebutting Presumption of Abandonment - Burden of Proof. The property owner may rebut the resumption of abandonment under Subsection (2), and shall have the burden of establishing that any claimed abandonment under Subsection (2) has not in fact occurred.

(1) Procedure. The Zoning Administrator, or the Administrator’s designee, shall determine the existence, expansion, or modification of a nonconforming lot or use, noncomplying structure, or other nonconformity as provided in the following procedure:

(2) Burden of Proof. In all cases, the property owner shall have the burden of proving by a preponderance of evidence that a lot, structure, use or other circumstance which does not conform to the provisions of this Title was legally established.

(3) Abatement or Compliance. If a property owner is unable to demonstrate that a nonconforming lot, or use, noncomplying structure, or other nonconforming circumstance was legally established, it shall be deemed illegal and shall be abated or brought into conformance with applicable provisions of this Title. Abatement or compliance shall be achieved within thirty (30) days, unless the work which must be undertaken to achieve compliance cannot be accomplished in that time period. In such case the owner of the property shall enter into a legally binding agreement wherein the owner agrees to a schedule to achieve conformity as soon as reasonably practicable, so long as compliance is achieved within six (6) months.

(1) Purpose. In addition to other applicable provisions of this Chapter, the provisions of this Section shall be applied to determine whether a residential structure originally constructed as a one-family dwelling, but not presently occupied as such, should be deemed a nonconforming structure or use, or both.

(2) Building Permit Record. If necessary building permits were issued authorizing one (1) or more units in the dwelling in addition to the original dwelling unit and construction was substantially completed pursuant to such permits, the issuance of such permits shall be prima facie evidence that the structure and use are nonconforming.

(3) No Building Permit Record. If no building permits exist, a determination of nonconformity shall be made pursuant to Subsections (a) and (b) below.

(1) A project consisting of one or more multiple-family dwellings or apartment buildings constructed prior to January 1, 1974, which is located in a zone where the apartments, as presently existing, are not permitted shall be deemed nonconforming so long as the apartments in the complex:

(2) The owner of an apartment complex which meets the requirements of Subsection (1) of this Section may request a zoning verification from the Development Services Department. If after due investigation, the Department determines by a preponderance of evidence that the building conforms to the requirements of Subsection (1) of this Section, the name, address and a statement of the characteristics of the apartment building shall be added to an official list of such apartment complexes maintained by the Development Services Department. Upon determining that an apartment complex should be added to the list, the Department shall send a letter to the owner of the complex stating the Department’s findings and decision. During regular business hours the list shall be made available to the public upon request.

(1) Illegal Use. An illegal nonconforming use shall be terminated immediately without regard to this Section.

(2) Deteriorated Structure. Reconstruction or restoration of a noncomplying structure shall be prohibited and the nonconforming use of a structure shall be terminated if:

(3) Nonconforming Uses in Wasatch Neighborhood. This Subsection shall apply to any present or future legal nonconforming use located in the Wasatch Neighborhood regardless of how created and includes, but is not limited to, a nonconforming use created by City legislative or administrative action, a Board of Adjustment decision, a judicial decision, settlement of a zoning enforcement matter, an agreement with Provo City, an error by the City, and any previously existing provision of this Title.

(4) Schools. The nonconforming status of a school district or charter school use or structure shall be terminated 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 more than twelve (12) months.