2-2-150 Nonconformities

A. Purpose. This section sets forth procedures for determining the existence, expansion, or modification of a nonconforming use, non-complying structure, nonconforming lot, or other nonconformity. B. Authority. The Zoning Administrator or Hearing Officer, on appeal, are authorized to make determinations regarding the existence, expansion or modification of a nonconforming use, non-complying structure, nonconforming lot, or other nonconformity as provided in this section and Utah State Code Annotated 17-27a-510. C. Initiation. A property owner may request a determination regarding the existence, expansion or modification of a nonconforming use, non-complying structure, nonconforming lot, or other nonconformity affecting the owner’s property as provided in this section. An agent of a property owner shall provide a notarized authorization. D. Procedure. An application for a determination of the existence, expansion, or modification of a nonconforming use, non-complying structure, nonconforming lot, or other nonconformity shall be considered and processed as provided in this subsection. 1. A complete application shall be submitted to the Zoning Administrator in a form established by the Administrator along with any fee established by the County’s schedule of fees. The application shall include at least the following information: a. The name, address and telephone number of the applicant and the applicant’s agent, if any; b. The nonconforming use, non-complying structure, nonconforming lot or parcel, or other nonconformity in question; c. A description of the action requested by the applicant; and d. Grounds for finding the use, non-complying structure, nonconforming lot or parcel, or other circumstance is nonconforming or for allowing expansion or modification of the nonconformity. 2. After an application is determined to be complete, the Zoning Administrator shall determine the question presented under the application. 3. If an applicant disagrees with a final determination of the Zoning Administrator regarding the existence, expansion, or modification of a nonconforming use, non-complying structure, nonconforming lot, or other nonconformity, the matter may be appealed to the Hearing Officer as provided in Section 2-2-190 of this Chapter. 4. A staff report evaluating the application may be prepared by the Zoning Administrator. 5. The County shall give a Class A notice of a public meeting. After due consideration the Hearing Officer shall approve, approve with conditions or deny the application pursuant to the standards set forth in Section 2-2-150(E) of this section. Any conditions of approval shall be limited to conditions needed to conform the nonconformity, its expansion or modification to approval standards. 6. After making a decision, the Hearing Officer shall give the applicant written notice of the decision. 7. A record of all nonconforming use determinations shall be maintained in the office of the Zoning Administrator. E. Standard for Decision. A determination regarding the existence, expansion or modification of a nonconforming use, non-complying structure, nonconforming lot or parcel, or other nonconformity shall be based on applicable provisions of Chapter 2-3 of this Code. F. Appeal. Any person adversely affected by a final decision of the Hearing Officer regarding a nonconforming use, non-complying structure, nonconforming lot, or other nonconformity may appeal that decision to the district court as provided in Utah Code Ann. §§ 17-27a-801, as amended. G. Effect of Decision. An applicant may continue, expand, or modify a nonconforming use, non-complying structure, nonconforming lot, or other nonconformity as determined by the Zoning Administrator or Hearing Officer. H. Expiration. Determinations regarding nonconformities shall not expire, but shall run with the land.