A.   The purpose of this chapter is to establish regulations governing lots, structures, uses, and other nonconformities that came into being lawfully but which do not conform to one or more requirements of this title. Lots, structures or uses that were legally established in conformance with then applicable requirements, but which do not conform to all applicable requirements of this title, may continue to exist and be put to productive use . The nonconforming aspects of such lots, structures or uses shall be brought into conformance with the requirements of this title as provided in this chapter. The intent of this chapter is to recognize the interests of property owners while controlling expansion of nonconforming lots, structures and uses.

   B.   No lot , structure , or use that complied with title 3 or title 10 of this code in effect prior to May 2, 2000, shall become nonconforming due to adoption of this title. Any lot, structure or use that complied with title 3 or title 10 of this code in effect prior to May 2, 2000, may be rebuilt, repaired or otherwise reestablished to the extent that it legally existed on May 2, 2000. Any lot, structure or use which was not authorized by or allowed under preexisting zoning ordinances, as amended, or which is illegal under such ordinance, shall remain unauthorized and illegal unless expressly authorized or permitted in the provisions of this title. (2001 Code § 89-6-201)

   A.   Continuation: A nonconforming use of any conforming structure , or a nonconforming use of a nonconforming structure , may be continued as provided in this chapter. A nonconforming use may be extended through the same structure, provided no structural alteration of the structure is made for the purpose of the extension. If a nonconforming use is discontinued for a continuous period of more than one year, any future use of such structure shall conform to the provisions of the zone in which it is located.

   B.   Maintenance And Repair: Any structure that is part of a nonconforming use protected under this chapter may be repaired or altered on the same terms set forth for nonconforming structures under section 13-9-3 of this chapter.

   C.   Enlargement And Expansion: A nonconforming use may be expanded within the floor area of an existing, conforming building or within an expanded conforming building, subject to the limitations set forth in this section. In any agricultural or residential zone , such expansion shall be permitted into an area equal to the original floor area of the nonconforming use, subject to the following requirements:

      1.   No new dwelling units shall be created.

      2.   Off strstreet eet parking and loading required to serve the expansion area shall be provided.

      3.   The LandUse Appeal Authority shall review any expansion of a nonconforming use that is greater than twenty five percent of the original floor area. Before approving such expansion, the Land Use Appeal Authority shall find that the expansion is compatible with the neighborhood and not detrimental to the community, as determined by the effect of the expansion on traffic, value of adjacent and nearby properties, and the availability of adequate public facilities and services.

   D.   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 other portion of a conforming building or open land, and no structures, additions, alterations or enlargements thereto shall be made, except those required by law . If such nonconforming use is discontinued for a continuous period of more than one year, any future use of the land shall conform to the provisions of the zone in which it is located.

   E.   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.

   F.   Nonconforming Residential And Agricultural Uses And Structures In Nonresidential Zones: Notwithstanding any provisions of this chapter to the contrary, an application for a building permit to construct or repair an accessory building or repair a primary residential structure , located on a lot which is within a nonresidential zone may be approved if the structure meets applicable building codes; the lot on which the structure is located has historically been used for agricultural or residential purposes; and the subject structure and use therein, whether defined as "primary" or "accessory", is in conformity with similar structures and uses normally conducted within the residential or agricultural zones. The proposed structure shall conform to the height, size, setback and other requirements established for agricultural or residential zones as though such requirements were actually incorporated within the zone in which the structure is located.

   G.   Change In Use : A nonconforming use may be changed to a new use; provided, that the new use shall be of the same general character or of a character less intensive (and thus more closely conforming) than the existing, nonconforming use. The initial determination of whether a proposed use is a conforming use or is less intense shall be made by the zoning administrator . A nonconforming use, if changed to a conforming use or less intensive nonconforming use, shall not thereafter be changed back to a less conforming use than that to which it was changed. (2001 Code § 89-6-202; amd. Ord. 24-58, 12-18-2024)

   A.   Continuation: A nonconforming structure in any zone may be continued for the period prescribed in this chapter, provided no additions or enlargements are made thereto and no structural alterations are made therein, except those required by law . If any such nonconforming structure is removed, every future use of the lot on which the structure was located shall conform to the provisions of this title.

   B.   Maintenance And Repair: Remodeling of a nonconforming structure within the existing footprint thereof shall be permitted without a variance .

   C.   Enlargement And Expansion: Any expansion of a nonconforming structure that increases the degree of nonconformance is prohibited, except as provided in this section. Other expansions shall be permitted and shall not require a variance .

      1.   The initial determination of whether a proposed expansion increases the degree of nonconformity shall be made by the zoning administrator .

      2.   A structure which is nonconforming as to height, area or yard regulations may be added to or enlarged upon authorization by the LandUse Appeal Authority; provided, that the Land Use Appeal Authority, after a hearing, finds the expansion to be compatible with the neighborhood and not detrimental to the community, as determined by the effect of the expansion on traffic, value of adjacent and nearby properties, and the availability of adequate public facilities and services.

   D.   Relocation: If a nonconforming structure is relocated within the city , it shall be placed only in a location where it fully conforms to the requirements of this title.

   E.   Restoration: Any nonconforming structure that is damaged to the extent of fifty percent (50%) or less of its fair market value by fire, wind, tornado, earthquake, or other natural disaster, may be restored and the use of such building may be continued. The structure shall not be rebuilt closer to the property line than the original structure or the applicable setback lines, whichever is closer. Any structure that is damaged to the extent of more than fifty percent (50%) of its fair market value shall not be rebuilt, repaired or used unless it conforms to all applicable requirements of this title.

   F.   Unsafe Structures: Nothing in this section shall be construed to permit the continuing use of a structure found to be in violation of basic life safety or health codes of the city . The right to continue use of a nonconforming structure shall be subject to all applicable housing, building , health, and other life safety codes of the city. (2001 Code § 89-6-203; amd. Ord. 24-58, 12-18-2024)

   A.   Continuation: Lots or parcels of land that legally existed prior to adoption of this title shall not be denied a building permit solely for reason of nonconformance with the lot requirements of this title.

   B.   Vacant Lot : If the lot was vacant on the effective date hereof, then the lot may be used as permitted by the zone in which the lot is located; provided, that such use shall comply with applicable dimensional requirements of this title. The owner may seek a variance from such requirements from the LandUse Appeal Authority.

   C.   Lot With Building Or Structure : If a lot contains a structure on the effective date hereof, then the owner may continue the then existing use of such structure and may expand the structure in any way that does not increase the degree of nonconformity. An increase in building size shall not be deemed to increase the degree of nonconformity unless it increases the encroachment on a required setback . Remodeling of a structure within an existing footprint or expansion in compliance with this section shall not require a variance , but shall be reviewed by the zoning administrator as though the lot were conforming.

   D.   Lot Merger: If a lot is smaller than required by this title and such lot is at any time after the effective date hereof under common ownership with an adjacent lot, then the two (2) shall be considered merged for purposes of this title and shall in the future be considered together for purposes of determining compliance. If merged lots contain sufficient area for a use , then they shall be deemed fully conforming. If merged lots together do not contain sufficient area for a use , they shall nonetheless be considered together for purposes of reducing the degree of nonconformity. When a nonconforming lot has been merged with another lot, such lot shall not again be used separately, unless they are subdivided in accordance with the provisions of this title.

   E.   Nonconforming Lots Created By Public Action: When lot area or setbacks are reduced as a result of conveyance to a federal, state or local government for a public purpose and the remaining area is at least seventy five percent (75%) of the required minimum lot size in the zone where it is located, the lot shall be deemed to be in compliance with the minimum lot size and setback standards of this title without resort to the LandUse Appeal Authority. See section 13-8-10 of this title for related provisions. (2001 Code § 89-6-204; amd. Ord. 24-58, 12-18-2024)

   A.   Application: The provisions of this chapter 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 matter not addressed by sections 13-9-2 through 13-9-4 of this chapter.

   B.   Nonconforming Development With Approved Site Plan : Nonconforming development that is consistent with a site plan approved before the effective date hereof shall be deemed to be in conformance with this title to the extent that it is consistent with the approved site plan and to the extent that such plan or conditions imposed thereon directly address the specific issue involved in a determination of conformity. A nonconformity other than one of those enumerated in sections 13-9-2 through 13-9-4 of this chapter shall be brought into conformance upon the occurrence of any one of the following:

      1.   Any increase on the premises of more than thirty percent (30%) floor area or fifty percent (50%) value.

      2.   For a property in a commercial or industrial zone , any change in use to a more intensive use when a new certificate of occupancy is required.

   C.   Compliance: Because the nonconformities addressed in this section involve less investment and are more easily corrected than those addressed in sections 13-9-2 through 13-9-4 of this chapter, the policy of the city is to eliminate such nonconformities as quickly as practicable. The extent of such nonconformities shall not be increased. (2001 Code § 89-6-205)

   A.   Definition: A lot or structure containing a nonconforming use that is not thus occupied or so used for a continuous period of one year, shall be deemed abandoned and shall not thereafter be reoccupied or used except for a use that conforms to the requirements of this title.

   B.   Presumption Of Abandonment: A nonconforming use shall be presumed abandoned when any of the following occurs:

      1.   The owner has in writing or by public statement indicated intent to abandon the use .

      2.   A less intensive use has replaced the original nonconforming use .

      3.   The structure has been removed through applicable procedures for the condemnation of unsafe structures.

      4.   The owner has physically changed the structure or its permanent equipment in such a way as to indicate a change in use or activity to something other than the nonconforming use .

   C.   Overcoming Presumption Of Abandonment: A presumption of abandonment may be rebutted upon a showing by the owner that during such period of time the owner has done either of the following:

      1.   Maintained the lot and structure , if any, in accordance with the building code.

      2.   Has been actively and continuously marketing the lot or structure for sale or lease. (2001 Code § 89-6-207)

A nonconforming lot , structure or use may not be changed, except in conformity with the provisions of this title. Any nonconforming lot, structure or use shall not, thereafter, be changed back to a previously existing conforming building or use. (2001 Code § 89-6-208; amd. 2009 Code)

In all cases, the property owner shall have the burden of establishing that a nonconforming use or nonconforming structure lawfully exists under this title. (2001 Code § 89-6-209)

No provisions of this chapter shall be construed to allow the continuance of any nonconforming structure or use when it is detrimental to the health, safety and welfare of the public. (2001 Code § 89-6-210)

   A.   Reason For Extension: The zoning administrator may grant an extension of the time limits set forth in this chapter if the owner of a nonconforming lot , structure or use demonstrates that before such time limit expires he will be unlikely to recover or amortize the amount of his investment, if any, in the nonconforming lot, structure or use.

   B.   Written Request For Extension Required: In order to secure an extension of time , a property owner shall submit to the zoning administrator a written request for an extension forty five (45) calendar days prior to the expiration of the applicable time limit set forth in this chapter.

   C.   Required Information: The following information shall accompany an extension request:

      1.   The amount of the owner's investment in the lot , structure or use from the time it became nonconforming.

      2.   The amount of such investment that has been realized to date and an estimate of the amounts that will be realized on the date the time limit expires.

      3.   Evidence of any lease or purchase obligations undertaken in reliance on any previously issued licenses or permits applying to the lot , structure or use , including any contingency clauses in the license or permit permitting termination of such lease.

   D.   Appeal: Any person aggrieved by a decision of the zoning administrator may appeal such decision to the LandUse Appeal Authority. (2001 Code § 89-6-211; amd. Ord. 24-58, 12-18-2024)

The provisions of this chapter shall not apply to billboards. Nonconforming billboards shall be terminated in accordance with applicable provisions of Utah Code Annotated section 10-9a-512. (2001 Code § 89-6-212)