6.01.30 Nonconforming Uses

A. A nonconforming use is defined to mean a use of land that does not conform to current land use regulations that legally existed before the enactment of the applicable regulation(s), which has been continuously maintained. A nonconforming use may continue indefinitely so long as it is not abandoned. The term abandoned means a discontinuance of the nonconforming use for a period of not less than one (1) year. By way of example, and not of limitation, a nonconforming use may be deemed abandoned if a building or structure is: a. voluntarily demolished by its owner; b. allowed to deteriorate such that it is rendered uninhabitable; or c. failure to conduct business for a period of not less than a period of one (1) year constitutes abandonment. B. A nonconforming use runs with the land and may be transferred to successors in title at to the real property on which the use is located. C. A nonconforming use shall not be expanded in scope or extent, except that it may be extended throughout an existing building or structure, provided that no structural alteration is made. In the event of any extension of a nonconforming use throughout an existing building or structure, all construction shall be performed in compliance with applicable building, zoning codes, and health codes. The addition of solar energy devices to a building is not a structural alteration. D. If a nonconforming use is interrupted by fire, flood, or other calamity it may be restored, provided that the restoration is completed no later than one (1) year from the date of the calamity that caused the use to be discontinued. Any restoration of a nonconforming use shall comply with subsection (D). E. If a nonconforming lot of record is proposed for development it may be developed, provided that the owner can: a. install and maintain an onsite wastewater system in compliance with Utah Administrative Code R.317-4; and b. comply with other applicable ordinances.