A.   This chapter shall apply to the existing use of a structure or land lawfully established at the time of passage of the Zoning Ordinance or any amendments thereto which does not conform to the present regulations of the zone in which it is located. Because the Town is a community which has developed over a long period of time, the regulations of this chapter are to allow continued use of such property or structure, while at the same time protecting existing conforming development and furthering orderly development and improvement of the community.

   B.   Uses of non-conforming structures or land which are compatible with existing development, should be allowed to continue. Improvement for better integration into surroundings should be sought as much as possible.

   C.   Uses of non-conforming structures or land which create a nuisance, or detract from or are a hazard to the community or a neighborhood, should be eliminated or brought into compliance with the present provisions of this title. (Ord. 2019-13, 8-8-2019)

   A.   Ordinary Maintenance And Repair: A non-conforming structure may be maintained or repaired so long as such work does not increase the non-conformity of the structure.

   B.   Addition Or Enlargement: A non-conforming structure which is non-conforming due to height, lot coverage, setbacks, area requirements or architectural design standards shall not be added to or enlarged in any manner, except by approval of the Town Council in consideration of the prior recommendation of the Planning Commission. A request to expand a structure which does not conform to height, lot coverage, setbacks, architectural design standards or area requirements shall be reviewed based upon the following criteria:

      1.   Granting of the expansion will not adversely impact the attainment of the General Plan of the Town;

      2.   The expansion will improve the general appearance or safety of the structure and the surrounding area;

      3.   By expanding the structure, the character of the neighborhood is not adversely impacted;

      4.   The expansion will improve the area by providing additional or adequate parking, including that the expansion will provide for and improve off-street parking;

      5.   Any expansion will be adequately screened or buffered, if needed, so as not to increase impacts to the adjoining properties;

      6.   The expansion will improve the area by providing additional protections related to the flow of stormwater; and

      7.   The proposed expansion, alteration or change does not create new non-conformities. (Ord. 2019-13, 8-8-2019)

   C.   Damage Or Destruction:

      1.   A non-conforming structure which is involuntarily destroyed in whole or in part due to fire, flood, wind, earthquake, or other calamity or act of nature, may be reconstructed and restored, and the use of that non-conforming structure continued, unless the structure or use has been abandoned.

      2.   A structure so destroyed shall be deemed abandoned if reconstruction or restoration has not lawfully begun within one year of the date of destruction.

      3.   Reconstruction or restoration of a structure so destroyed is prohibited if the structure is rendered uninhabitable and is not repaired or restored within six (6) months after the day on which written notice is served to the property owner that the structure is uninhabitable and that the nonconforming structure or nonconforming use will be lost if the structure is not repaired or restored within six (6) months from the date of the notice. Service shall be by first-class U.S. mail to the property owner address on file with the Tooele County Recorder.

      4.   A nonconforming structure shall not be reconstructed or restored if the owner of the structure has voluntarily demolished a majority of the nonconforming structure or the building that houses the nonconforming use. (Ord. 2019-06, 3-14-2019)

   D.   Moving Non-Conforming Structures: A non-conforming structure may only be moved in whole or in part to any other location on the lot if:

      1.   Approval is granted by the Town Council in consideration of the prior recommendation of the Planning Commission; and

      2.   Every portion of such structure is made to conform to all the regulations of the zone in which it is to be located. (Ord. 2019-13, 8-8-2019)

A structure or part thereof which does not conform to the regulations for the district in which it is situated, but for which a building permit was issued and construction started prior to the enactment of this title (or a substantially similar preceding provision), may be completed in accordance with such plans, provided work is prosecuted continuously and without delay. Such structure shall be deemed to be non- conforming and shall be subject to the regulations set forth in this chapter. (Ord. 2019-13, 8-8-2019)

   A.   Right Of Use:

      1.   The lawful non-conforming use of a structure or land existing at the time the applicable zoning regulations became or becomes effective may be continued.

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

   B.   Enlarging, Altering Or Changing Non-Conforming Uses:

      1.   Conditions For Permitting: No non-conforming use may be enlarged, altered or changed, and no non-conforming use of land may occupy additional land, except as provided in this subsection.

         a.   Enlargement, Alteration Or Change: A non-conforming use may not be enlarged, altered or changed unless authorized by the Town Council in consideration of the prior recommendation of the Planning Commission based upon the following criteria:

            (1)   The expansion, alteration or change of the use would not adversely impact the surrounding properties more than the existing non-conforming use;

            (2)   The proposed expansion, alteration or change will make the structure or site more compatible with the surroundings and existing zoning;

            (3)   The site of the proposed expansion, alteration or change of use conforms to all site development requirements as physically possible, given existing site limitations;

            (4)   The proposed expansion, alteration or change does not create new non-conformities; and

            (5)   The proposed expansion, alteration or change addresses and meets the standards described in this chapter.

         b.   Extension Beyond Original Lot Or Tract: No expansion, alteration or change of the non-conforming use shall be allowed which would extend beyond the original lot or tract of land.

      2.   Public Hearing: The Town Council shall hold a public hearing on any proposed enlargement, alteration or change of a non-conforming use and shall allow interested persons to be heard prior to making its findings and decision with regard thereto. The Town Council shall provide reasonable notice of the public hearing at least fourteen (14) days before the date of the hearing pursuant to the requirements of Utah Code Annotated. (Ord. 2019-13, 8-8-2019)

Whenever a non-conforming use has been changed to a conforming use, such a use shall not thereafter be changed or returned to a non-conforming use. (Ord. 2019-13, 8-8-2019)

A use shall be deemed to have ceased when it has been discontinued either temporarily or permanently for a period of one year or more, whether or not with the intent to abandon said use, subject to the following provisions:

   A.   Cessation Of Use Of Structure Designated Or Designed For Non-Conforming Use: Except for residential or accessory structure, a structure, which was originally designed for a non-conforming use, shall not be put to a non-conforming use again when such use has ceased for twelve (12) months or more.

   B.   Cessation Of Use Of Structure Not Designed For Non- Conforming Use: A structure, which was not originally designed as a non-conforming use, shall not be put to a non-conforming use again when such use has ceased for twelve (12) months or more.

   C.   Cessation Of Use Of Non-Conforming Use Of Land: A non- conforming use of land not involving any structure (except minor structures, such as fences, signs and structures less than 400 square feet in area) shall not be resumed when such use has ceased for twelve (12) months or more.

   D.   Cessation Of Keeping Of Non-Conforming Animals: The keeping of non-conforming animals shall not be resumed when such use has ceased for twelve (12) months or more. (Ord. 2019-13, 8-8-2019)

Consistent with the requirements of Utah Code Annotated section 10-9a-511:

   A.   Legal Existence: The property owner shall have the burden of establishing the legal existence of a non-complying structure or non-conforming use.

   B.   Abandonment: Any party claiming that a non-conforming use has been abandoned shall have the burden of establishing the abandonment.

   C.   Presumption Of Abandonment: Abandonment may be presumed to have occurred if:

      1.   A majority of the primary structure associated with the non-conforming use has been voluntarily demolished without prior written agreement with the Municipality regarding an extension of the non-conforming use;

      2.   The use has been discontinued for a minimum of one year; or

      3.   The primary structure associated with the non-conforming use remains vacant for a period of one year.

   D.   Rebuttal: The property owner may rebut the presumption of abandonment under subsection C of this section, and shall have the burden of establishing that any claimed abandonment under subsection B of this section has not in fact occurred. (Ord. 2019-13, 8-8-2019)