10-5-1 NONCONFORMING USES AND STRUCTURES

1. Except as provided in this section, a nonconforming use or structure may be continued. A nonconforming use may be extended through the same building, provided no structural alteration of the building is proposed or made for the purpose of the extension. The addition of a solar energy device to a building is not a structural alteration. 2. The City Council may provide in any zoning ordinance or amendment for: a) The restoration, reconstruction, extension, alteration, expansion, or substitution of nonconforming uses upon the terms and conditions set forth in the zoning ordinance; b) The termination of all nonconforming uses except billboards by providing a formula establishing a reasonable time period during which the owner can recover or amortize the amount of his investment in the non conforming use, if any; and c) The termination of a billboard that is a nonconforming use in compliance with Utah Code Annotated 10-9a-511. d) Establishing a reasonable time period for expiration of the nonconforming use that: i balances the harm to the owner against the public good, without imposing an undue burden upon the owner; and ii allows the owner to recover or amortize the fair market value, in an amount that is equal to the amount by condemnation, and takes into consideration the reasonable cost of operation to the owner over the amortized period. e) Notwithstanding Subsection 10-1-22 (3), a City Council may remove a billboard without providing compensation or amortization if, after providing the owner with reasonable notice of proceedings and an opportunity for a hearing, the City Council finds that: i the applicant for a permit made a false or misleading statement in his application; ii the billboard is unsafe; or iii the billboard is in an unreasonable state of repair.