9-6-4 NONCONFORMING BUILDINGS AND USES

A. Maintenance Permitted: A nonconforming building or structure may be maintained. B. Continuance Of Nonconforming Use Of Buildings, Structures And Land: Except as otherwise provided in this title, a nonconforming use of land or a structure may be continued: 1. Determination Of Nonconforming Buildings And Uses: Except as provided for in this subsection, all matters regarding the nonconforming use of structures and land shall be determined by the Appeal Authority. Upon application, after public hearing on the matter, the Appeal Authority shall determine if the use or structure is nonconforming with respect to the current provisions of this chapter. The Zoning Administrator may verify and determine routine and uncontested requests to verify nonconforming uses as provided in this section and the rules adopted by the Appeal Authority. 2. Alterations Or Modifications To Nonconforming Buildings And Structures: Nonconforming buildings and structures with respect to setbacks or height may be continued. Additions, enlargements or structural alterations may be made to the extent that they comply with all requirements of this code. 3. Nonconforming Use Of Land: Except as otherwise provided by law, including statutory and case law, nonconforming use of land lawfully existing on the effective date of the ordinance rendering it nonconforming may be continued and maintained, provided such nonconforming use shall not be expanded or extended into any other open land, except as otherwise provided in this chapter. If the nonconforming use is discontinued for a continuous period of more than one year, it shall constitute an abandonment of the use, and any future use of such land shall conform to the provisions of the zone in which it is located. 4. Nonconforming Use Of Buildings And Structures: The nonconforming use of a building or structure lawfully existing on the effective date of the ordinance rendering it nonconforming may be continued and the building or structure maintained, and the use may be expanded or extended throughout such building or structure, provided no structural alterations, except those permitted by law, are proposed or made for the purpose of extension or expansion. (The addition of a solar energy device to a building shall not be considered a structural alteration.) If such nonconforming use is discontinued for a continuous period of more than one year, it shall constitute an abandonment of the use, and any future use of the building or structure shall conform to the provisions of the zone in which it is located. 5. Change In Status Of Nonconforming Use: If a nonconforming use is discontinued, it may be succeeded, upon approval of the Zoning Administrator, as provided in this section, by an equally intensive or less intensive nonconforming use, provided such change is effected within one year from the first day of discontinuance. After a change to a less intensive use occurs, the use may not change back to a more intensive use 6. Alterations Or Modifications To Nonconforming Use: A use which has been declared nonconforming shall not be enlarged or moved, except as provided in this section. 7. Reconstruction Of Nonconforming Building Or Structure Partially Destroyed: A nonconforming building or structure occupied by a nonconforming use which is damaged or is destroyed by fire, flood, wind, earthquake or other calamity or act of God, or the public enemy, or is removed due to dilapidation, may be restored and the occupancy or use of such building, structure, or part thereof, which existed at the time of such damage or destruction, may be continued or resumed; provided, that such restoration is started within a period of one year and is diligently prosecuted to completion as evidenced by an active building permit. If any such restoration is not commenced within one year, the structure shall be deemed to be abandoned, and every future building or structure occupying the portion of the land on which the building or structure was located shall conform to the current provisions of this title. 8. Amortization Of Nonconforming Uses: Except as otherwise provided by Utah Code Annotated, the Appeal Authority, under authorization of Utah Code Annotated, may provide for the timely modification or removal of a nonconforming structure or use of land. After appropriate financial studies to determine a valid amortization schedule, the Appeal Authority may establish a reasonable time period during which the owner may recover or amortize the amount of investment in the nonconforming use, and after which the nonconforming use shall be modified or removed in order to comply with the General Plan and this title. (ord. 08-016, 8-12-2008