A nonconforming use, lot, or structure that legally exists at the time this subchapter becomes effective, or at the time of an amendment to this subchapter, 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) (1) A nonconforming use, lot, or structure shall not be enlarged upon, expanded, or intensified. A nonconforming 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 subchapter.
(b) The proposed change shall not impose any unreasonable impact or burden upon land located in the vicinity.
(c) Reasonable conditions may be attached to the approval in order to assure compatibility with the surrounding properties.
(2) A nonconforming 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 nonconformity, its legally nonconforming status, and that the use, lot, or structure is not being enlarged, expanded, or intensified.
(3) Any reconstruction or restoration of a nonconforming structure shall comply with both this subchapter and with UCA § 10-9a-511(3).
(B) The determination of an abandonment of a nonconforming use, lot, or structure shall comply with UCA § 10-9a-511(4).
(Ord. 2008-001, passed - -2008) Penalty, see § 155.999