The occupancy of a noncomplying structure or of a building or structure by a nonconforming use, existing at the time this title became effective, may be continued, provided that the use has not been abandoned or the building left vacant as provided in Section 19.88.120.

(Ord. 1627 § 10 (part), 2008: prior code § 22-4-7)

A vacant building or structure may be occupied by a use for which the building or structure was designed or intended if so occupied within a period of one year after the use became nonconforming.

(Prior code § 22-4-8)

A noncomplying structure may be maintained.

(Ord. 1627 § 10 (part), 2008: prior code § 22-4-1)

Repairs and structural alterations may be made to a noncomplying structure or to a structure housing a nonconforming use. Any remodel or structural alteration that requires the demolition of an outside wall of a noncomplying structure shall only be allowed upon approval of the land use hearing officer, unless the new construction complies with the zoning ordinance. The land use hearing officer decision regarding applications for the removal and replacement of outside walls of a noncomplying structure shall be based upon the criteria outlined in Section 19.88.070(B).

(Ord. No. 1758, § XVI, 9-24-2013; Ord. 1627 § 10 (part), 2008: prior code § 22-4-2)

A building or structure lacking sufficient automobile parking space in connection therewith as required by this title may be altered or enlarged provided additional automobile parking space is supplied to meet the requirements of this title for such alteration or enlargement.

(Prior code § 22-4-4)

A nonconforming use may be extended to include the entire floor area of the existing building in which it is conducted at the time the use became nonconforming.

(Prior code § 22-4-10)

A.

A noncomplying structure or building occupied by a nonconforming use shall not be added to or enlarged in any manner or moved to another location on the lot or reconstructed at another location on the lot except as provided by subsection B of this section unless such additions and enlargements comply with the regulations and intent of this title.

B.

A building occupied by a nonconforming use or a noncomplying structure may be added to or enlarged or moved to a new location on the lot or reconstructed at a new location on the lot upon a permit authorized by the land use hearing officer, provided that the land use hearing officer shall find:

1.

The addition to, enlargement of, moving of, or reconstruction of the structure at a new location on the lot is in harmony with one or more of the purposes of this title as stated in Section 19.02.020 of this title, and is in keeping with the intent of this title;

2.

That the proposed change does not impose any unreasonable burden upon the lands located in the vicinity of the nonconforming use or structure.

(Ord. No. 1758, § XVI, 9-24-2013; Ord. 1627 § 10 (part), 2008: Ord. 1296 § 3, 1995: prior code § 22-4-3)

The nonconforming use of land, existing at the time this title became effective, may be continued provided that no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property, and provided that if such nonconforming use of land, or any portion thereof, is abandoned or changed for a period of one year or more, any future use of such land shall be in conformity with the provision of this title.

(Prior code § 22-4-11)

A.

A nonconforming use may be changed to any use allowed in the most restrictive zone where such nonconforming use is allowed, provided the planning commission finds that such use would not be more intensive than the most recent existing legal nonconforming use.

B.

Structures shall not be enlarged, removed, reconstructed or otherwise changed except for interior remodeling and exterior restoration or renewal that will make the appearance of the structure more nearly conform to the character of the area in which it is located.

C.

The existing lot or parcel shall not be enlarged upon or modified except to create landscaping, fencing, curb, gutter and sidewalk, road widening or minimum off-street parking that will provide a safer and more compatible facility.

D.

Any change of a nonconforming use to another nonconforming use shall be a conditional use and subject to provisions of Chapters 19.78 and 19.84, except that the proposed nonconforming use need not conform to the county general plan.

E.

The planning commission may approve a change of use pursuant to this title even though the nonconforming use may have been abandoned.

(Ord. 1627 § 10 (part), 2008: Ord. 1473 (part), 2001: prior code § 22-4-9)

A noncomplying structure or a structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake or other calamity or act of God or the public enemy and not the result of the intentional or reckless disregard of the owners or occupants, may be restored and the occupancy or use of such structure or part thereof, which existed at the time of such damage or destruction may be continued or resumed, provided that such restoration is started within a period of one year and is diligently prosecuted to completion.

(Ord. 1627 § 10 (part), 2008: prior code § 22-4-5)

A structure or portion thereof occupied by a nonconforming use, which is, or hereafter becomes, vacant and remains unoccupied by a nonconforming use for a continuous period of one year, except for dwellings, shall not thereafter be occupied except by a use which conforms to the use regulations of the zone in which it is located. If the use has not applied to the premises for a consecutive period of sixty days during any twelve-month period, the use shall be deemed abandoned.

(Ord. 1627 § 10 (part), 2008: prior code § 22-4-6)

A.

Whenever land or a structure is used in violation of this title, the owner may file an application with the planning commission to have the use declared legal through special exception. The planning commission may approve such an application only when the evidence establishes all of the following:

1.

The use exists on the property at the time of the application and has been in continuous violation of the zoning ordinance for a period exceeding ten years;

2.

No complaint has been made to the development services division concerning the violation for a period exceeding ten consecutive years during which the violation existed;

3.

Continuation of the use will not have a detrimental effect on the health, safety or welfare of persons or property in the vicinity.

B.

The planning commission may consider as evidence:

1.

Documents that are part of the public record, such as tax appraisals, utility records, aerial photographs, building permits, etc.

2.

Documentation from third parties, such as affidavits, photographs, etc.

3.

Documentation from current or past property owners, such as tax records, rental/lease agreements, appraisal records, etc.

In approving an application hereunder, the planning commission may set any conditions it deems necessary for protection of adjacent properties or the public welfare including provisions limiting the period of time the use may continue. This section shall in no way be interpreted to permit the continuation of any violation which exists on the effective date of the ordinance codified in this section. Any person shall have the right to appeal to the land use hearing officer a decision rendered by the planning commission pursuant to this section. Appellants shall follow the appeal procedures set forth in Section 19.92.050 of this title.

(Ord. No. 1758, § XVI, 9-24-2013; Ord. 1627, § 10 (part), 2008; Ord. 1473 (part), 2001; Ord. 1199, §§ 2, 3, 1992)

Whenever a structure is in violation of the height or setback provisions of this title, the owner may file an application with the director or director's designee to have the structure declared noncomplying. The director or director's designee shall approve the application when the evidence clearly establishes the following:

A.

The structure has existed at its current location, with the same size, height and setbacks for at least ten years;

B.

The structure is found by the county building official or designee to pose no threat to the health or safety of persons in or around the structure, and;

C.

Salt Lake County has not taken enforcement action for the violation for a period exceeding five consecutive years during which the violation existed.

(Ord. 1627 § 11, 2008)