The purpose of this chapter is to control and gradually eliminate those uses of land or structures, which although legal at the time of their establishment or erection, do not now conform to the land use regulations of the district within which they are situated. Such uses and structures shall be deemed nonconforming. Any structure or use which was a permitted use or structure built prior to enactment of this title, but which is now designated by this title as a conditional use, shall not be considered a nonconforming use, and shall not be subject to the provisions of this chapter. 

The terms "nonconforming lot of record", "nonconforming structure", "nonconforming subdivision", and "nonconforming use" shall have the meaning as listed in section 16.04.02 of this title, as currently amended. 

A nonconforming use lawfully existing on the effective date of this title may be continued. A nonconforming use may be extended throughout the existing building, provided no structural alteration of the building is proposed or made for purposes of the extension. A person engaging in a nonconforming use may not expand the character of that use to include new or additional uses. If a nonconforming use is discontinued for a continuous period of more than twelve (12) months, any future use of such land shall conform to the provisions of the zone in which it is located. 

A nonconforming structure may continue, provided no additions or enlargements are made thereto, no structural alterations are made therein that would increase the height or existing footprint of the building, and the current use does not change. This section shall not be construed to prohibit maintenance of an existing building. 

A. Expansion and Enlargement Exception: 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, in a manner that does not cause the structure to come any closer to the lot line at issue, 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.

A nonconforming use may be replaced by an equally restrictive or more restrictive nonconforming use, subject to the approval of the planning staff. After a change to an equally or more restrictive use is in effect, the preexisting nonconforming use shall be deemed vacated, abandoned and divested. The determination of whether a change is to a more or less restrictive use shall be made by the planning staff.

A nonconforming building destroyed or partially destroyed by fire, explosion, casualty, or act of God or public enemy:

A. may be restored, unless:

1. the structure or use has been abandoned, or

2. written notice is served with a notice complying with Utah Code 17-27a-510(3)(b)(i)(2018) as amended, and the structure has not been repaired or restored within six months;

B. may not be enlarged, except as provided in Section 16.22.04(A) of this Title; and

C. subject to all of the provisions of this Wasatch County land use and development code, the occupancy or use which existed at the time of such destruction may be continued.

D. Deterioration due to age is not considered appropriate grounds to be permitted to retain a nonconforming status if it is rebuilt for that reason.

A nonconforming use of land lawfully existing on the effective date of this title may be continued, provided such nonconforming use shall not be expanded or extended into any other portion of open land, or into a conforming or nonconforming structure. 

1. Determination By County Planner Or Designee: The burden of proof for providing the information for determining a nonconforming lot of record rests upon the property owner or its representative. A nonconforming lot of record is determined by the county planner or designee by making findings that the lot or parcel meets the definition of "nonconforming lot of record" in section 16.04.02 of this title, and the requirements of this section. Should such findings be made, a document shall be provided by the county planner or designee stating that the lot is a nonconforming lot of record.
2. Documentation Required: At a minimum, the property owner must provide the planning department with the original deed and all subsequent deeds and other documentation necessary to meet the property owner's burden of proof.
3. Decrease In Lot Size: If a lot or parcel has decreased in size due to the use or threat of eminent domain, or because of a public dedication required by a governmental agency, the lot or parcel shall remain a nonconforming lot of record if it otherwise meets the definition of section 16.04.02 of this title and the requirements of this section. 

Nonconforming lots of record are only exempt from the minimum size, width, frontage, depth or other applicable dimensional requirements of the zone where the lot is located. Before a building permit may be issued, nonconforming lots of record shall have access on a road built to county standards and shall comply with all other land use, zoning and development standards applicable to the particular zone the nonconforming lot of record is located in. A nonconforming lot of record determination does not guarantee a building permit. 

A. Lot With Building: If a lot is unable to receive lot of record status and contains a building legally established on or before July 28, 1972, then the owner may continue the then existing use of such building and may expand the building in any way that does not increase the degree of nonconformity. This provision does not establish the parcel as a lot of record.

1. An increase in building size shall not be deemed to increase the degree of nonconformity of the lot unless the building increases any encroachment into a required setback of the lot coverage requirements of the underlying zone are exceeded by the increase.

2. Remodeling of a building within an existing footprint or expansion in compliance with this section shall not require a variance to lot requirements but shall be reviewed by the planning director as though the lot conforms to the requirements of this title.

3. At least 75% of the framing and foundation of the original building must remain intact to continue the then existing use of the building, or to expand the building, unless the structure was involuntarily destroyed in whole or in part by fire or other calamity, and the owner reconstructs or restores the structure in conformity with the requirements of Utah Code 17-27a-510(3) (2018) as amended, and Wasatch County Code.

B. Uses Granted for Nonconforming Lots of Record: Lots that are determined to be nonconforming lots of record may be granted a building right for a single family dwelling, accessory dwelling units only if allowed in section 16.21.46, and accessory uses as outlined in the underlying zone. So long as all other standards applicable to that use are complied with and so long as the use is permitted in the zone, nonconforming lots of record may also be permitted utility uses under use code 4800 and agricultural uses under use code 8100 (not to include 8150). Except as provided in this section, no other uses are allowed on nonconforming lots. In the P-160 zone, mining uses (8510, 8530, 8540) that are conditionally allowed in the p_160 zoning district can be allowed if processed as a conditional use, and subject to the following additional requirements:

1. Compliance with section 16.27.35.
   
2. The nonconforming lot is, at a minimum, 75% of the required acreage for the zone.
   

C. Lot Line Adjustments: Lots of Record are are not authorized to modify the boundaries of the Lot of Record without prior written authorization of the Planning Director. Any lot line adjustments recorded without written approval of the Planning Director shall be deemed illegal and shall invalidate any prior Lot of Record certificates issued for the property. Any modification to the boundaries shall only be approved if the modification does not increase the degree of nonconformity of the Lot of Record.

1. Determination of Status: Plats that were recorded in accordance with applicable law and were signed by the land use authority are presumed to be lawful. A survey which resulted in the division of a parcel into between two and ten parcels of land for the purpose, whether immediate or future, for offer, sale, lease, or development, the boundaries of which parcels were based on a lawful boundary survey completed between August 11, 1965 and July 1, 1992, which was filed in the office of the county surveyor or recorder prior to July 1, 1992, which are signed by the land use authority, the planning commission or the county commission, and which did not partition agricultural, commercial, manufacturing or industrial land for agricultural, commercial, manufacturing, or industrial purposes, are also presumed to result in a lawful subdivision. The burden of proof for providing the information for determining a nonconforming subdivision rests upon the property owner or its representative. A nonconforming subdivision is determined by the county planner or designee by making findings that the subdivision meets the definition of "nonconforming subdivision" in section 16.04.02 of this title, and the requirements of this section.
   
2. Documentation Required: If the subdivision does not meet the requirements to be presumed to be lawful at the time of subdivision, at a minimum, the property owner must provide the planning department with the original map or plat and all subsequent maps or plats and other documentation necessary to meet the property owner's burden of proof, showing that the subdivision was done in accordance with the code in place at the time of the recording of the plat. If documentation provided is insufficient for the planning department to make a determination, the department may request additional information from the applicant or the application may be denied.
   
3. Use: Lots in a nonconforming subdivision may be developed as detached single family dwellings if a residential use was allowed, and approved if required, for the lots when the subdivision was lawfully formed, or for the uses allowed and approved for the subdivision when the subdivision was lawfully formed, all, subject to current building, fire, health and safety laws. Lots in a nonconforming subdivision lose their status as nonconforming developable lots if altered without following the process for an amended plat, or a lot line adjustment, as defined in Utah Code section 17-27a-103.
   

1. Nonconforming lots of record that have remained unchanged since the date zoning was enacted (August 11, 1965), or since they were legally created if created after the enactment of zoning, and are contiguous and of the same ownership are treated as separate nonconforming lots of record despite any previous effect of Wasatch County code sections 5-8 (1979) and 15-07-060 (1997), or any other county ordinance pertaining to combining of contiguous nonconforming lots of record in the same ownership.
   
   However, any nonconforming lot of record that has been built on shall not be treated as separate from an additional nonconforming lot of record unless existing structures will conform in all respects to this title if the additional nonconforming lot of record is recognized.
   
   
2. Mining claims, if contiguous and of same ownership, shall not be recognized as separate parcels for nonconforming lot of record determination due to their physical constraints, remoteness, inadequate emergency access, fire danger, avalanche danger, lack of water, lack of sewer, landslide dangers, exposure to hazardous waste, confusing and conflicting legal descriptions and lot lines, overlapping legal descriptions and lot lines, small land area, etc. 

1. Determination By County Planner Or Designee: The burden of proof for providing the information for determining a record of survey subdivision rests upon the property owner or its representative. A record of survey subdivision is determined by the county planner or designee by making finding that the land partition which used a record of survey meets all of the following elements:
   1. the survey includes legal descriptions partitioning a parcel into between two and less than ten parcels of land;
      
   2. the resulting parcels were partitioned for the purpose, whether immediate or future, for offer, sale, lease, or development;
      
   3. the survey was completed between August 11, 1965 and July 1, 1992;
      
   4. the survey was filed in the office of the county surveyor or recorder either i) prior to January 1, 2022 for surveys between August 11, 1965 and July 1, 1987, or ii) within 90 days of the date of the survey for surveys between July 1, 1987 and July 1, 1992,
      
   5. is not a bona fide division or partition of agricultural, commercial, manufacturing, or industrial land for agricultural, commercial, manufacturing, or industrial purposes;
      
   6. the survey filed with the county must NOT indicate an approval or consent by the county commission, or the planning commission, as this will typically meet the requirements to be a subdivision; and
      
   7. the requirements of UCA 17-27-21 for land sold by metes and bounds, without recording a plat, at the time of the survey.
      

As an alternative to elements 2, 4, 5, 6 or 7, the applicant may prove that more than half of the parcels which had legal descriptions resulting from the record of survey received building permits after the date of the survey. Partitioned land that meets requirements for both a nonconforming subdivision and a record of survey subdivision is a nonconforming subdivision. Should findings for a record of survey subdivision be made, a document shall be provided by the county planner or designee stating that the parcels are a record of survey subdivision.

B. Documentation Required: The county staff will reasonably work in good faith with a property owner to resolve issues that are brought to staff’s attention, but at a minimum, the property owner must provide the planning department with the original map or survey and all subsequent maps or surveys, documentation that shows that the record of survey subdivision was done in accordance with the code, and other documentation necessary to meet the property owner's burden of proof. The fee for a Record of Survey Subdivision determination shall be the same as for a lot of record determination.

C. Use: Parcels in a record of survey subdivision may be developed as detached single family dwellings if a residential use was allowed and approved if required, for the parcels when the record of survey subdivision was lawfully formed, or for the uses allowed and approved for the record of survey subdivision when it was lawfully formed, all subject to current building, fire, health and safety laws. Parcels in a record of survey subdivision lose their status as developable parcels if they decrease the parcel size, unless the decrease in size was due to the use or threat of eminent domain.