Notwithstanding Utah State law governing nonconforming uses and noncomplying structures, the following provisions are established by Santaquin City in view of the fact that no further development or change in use can be undertaken contrary to the provisions of this title. It is the intent of this title that nonconforming uses shall not be increased nor expanded except within the provisions of this chapter as outlined below. (Ord. 07-02-2018, 7-18-2018, eff. 7-19-2018)

1. General Provision: A nonconforming building, structure, or use of land may be continued by the current and future property owners to the same extent and character as that which legally existed on the effective date of the applicable regulations. Repairs may also be made to a noncomplying structure or to a building housing a nonconforming use.
2. Damaged Building May Be Restored: A nonabandoned, noncomplying structure, or structure occupied by a nonabandoned, nonconforming use, which is involuntarily destroyed in whole or in part due to fire or other calamity may be restored, and the occupancy or use of such structure, or part thereof which legally existed at the time of such restoration is started within a period of one year from the date of destruction and is diligently pursued to completion and provided that such restoration does not increase the floor space devoted to the nonconforming use over that which existed at the time the building became nonconforming and that the restoration is completed within two (2) years from the date it was started.
3. Discontinuance Or Abandonment:
   1. A nonconforming building, structure, or portion thereof, or a lot occupied by a nonconforming use, which is or hereafter becomes abandoned or is discontinued for a continuous period of one year or more shall not thereafter be occupied, except by a use which conforms to the use regulations of the zone in which it is located.
   2. A noncomplying structure or nonconforming use will be lost if:
      1. The structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six (6) months after written notice to the property owner that the structure is uninhabitable.
      2. The property owner voluntarily demolishes a noncomplying structure or the building that houses the nonconforming use.
   3. A noncomplying structure or nonconforming use will not be lost if the property owner subdivides the property on which the noncomplying structure or use is located and due to City required public right-of-way or street dedication the structure becomes or is made more nonconforming. Notwithstanding this provision, if a noncomplying structure creates a safety or health hazard due to its location relative to dedicated property, the use will be lost.
4. Changes To Nonconforming Uses:
   1. A nonconforming use may be changed to a conforming use.
   2. A nonconforming use of a building or lot shall not be changed to another nonconforming use whatsoever. Changes in use shall be made only to a conforming use.
   3. Any nonconforming use which has been changed to a conforming use shall not thereafter be changed back to a nonconforming use.
5. Changes To Noncomplying Structures:
   1. A noncomplying structure may be changed to a complying structure.
   2. A noncomplying structure may be expanded under the following conditions:
      1. The structure does not encroach further into required setbacks beyond which has previously legally been approved.
      2. Any applicable development standards for parking, landscaping, screening, etc., are still met or not made less conforming with the expansion.
      3. The addition of a solar energy device to a building is not a structural alteration.
      4. Billboards may not be expanded or enlarged, except where provided elsewhere in this code or Utah state law.
6. Reclassification Of Territory: The provision pertaining to nonconforming uses of land and buildings shall also apply to land and buildings which hereafter become nonconforming due to an amendment in the development code.
7. Permits Granted Prior To Passage; Amendments: Notwithstanding the issuance of a building permit, no building which becomes nonconforming upon the passage hereof or which becomes nonconforming due to an amendment to this title shall be built unless construction has taken place thereon to the extent of at least one thousand dollars ($1,000.00) in replaceable value by the date on which this title or said amendment becomes effective. Replaceable value shall be construed to mean the expenditure necessary to duplicate the materials and labor at market prices. (Ord. 09-01-2008, 9-17-2008, eff. 9-18-2008)
   

Notwithstanding any other provision of this title, a single-family dwelling may be permitted on any lot of record in any zone in which dwellings are permitted, even though such lot fails to meet the area or width requirements for single-family dwellings within the zone, provided that where two (2) or more contiguous lots of record having continuous frontage are owned by the same persons at the time of the passage of the controlling ordinance, the land included in the lots shall be considered to be an undivided parcel and no portion of said parcel shall be used as a dwelling site or sold which does not meet the area and width requirements of the zone in which the lot is located. Yard dimensions and other requirements not involving area or width shall conform to the regulations of the zone in which the lot is located except when granted a variance by the appeal authority. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002; amd. Ord. 02-02-2008, 2-6-2008, eff. 2-7-2008)