A non-conforming use, lot, or structure that legally exists at the time this chapter becomes effective, or at the time of an amendment to this chapter, or by some action by a federal, state or local government entity may continue; provided that, the use, lot or structure has been maintained continuously.
(A) Alteration of a non-conforming use, lot or structure.
(1) A non-conforming use, lot or structure shall not be enlarged upon, expanded or intensified. A non-conforming use, lot or structure may apply to the Appeal Authority to be enlarged or modified by meeting the following criteria:
(a) The change is in harmony with the surrounding neighborhood and in keeping with the intent of the comprehensive plan and this chapter;
(b) The proposed change shall not impose any unreasonable impact or burden upon land located in the vicinity; and
(c) Reasonable conditions may be attached to the approval in order to assure compatibility with the surrounding properties.
(2) A non-conforming use or structure may be maintained and repaired. On any work being completed that requires a building permit, a zoning approval shall be issued that identifies the following: the non-conformity; its legally non-conforming status; and that the use, lot or structure is not being enlarged, expanded or intensified.
(3) Any reconstruction or restoration of a non-conforming structure shall comply with both this chapter and with U.C.A. § 10-9a-511, or successor law.
(B) Determination of abandonment. The determination of an abandonment of a non-conforming use, lot or structure shall comply with U.C.A. § 10-9a-511, or successor law.
(Prior Code, § 29.06.140) (Ord. 07-13, passed 7-19-2007)