A. Intent. It is the intent of this code that non-complying structures and nonconforming uses of land existing at the time of passage of the zoning code, but not in conformance therewith, be changed, ultimately, to complying structures and conforming uses and that non-complying structures and nonconforming uses shall not be continued, increased, nor expanded except as permitted herein.
B. Continuation. Except as provided below in this section, a noncomplying structure or a nonconforming use of land may be continued to the same extent and character as that which was legally existing and permitted on the effective date of the code provision(s) causing noncompliance or nonconformity if:
1. No increase or expansion is made; and
2. The lot on which the structure or use lies is unchanged, provided, however, that a non-complying structure consisting of an occupied structure shall be allowed to continue in its non-complying status when the boundaries of the parcel on which the occupied structure is located are changed to create a platted subdivision lot, if the noncompliance is not deemed a hazard to public safety.
C. Amending Recorded Non Complying Plats. Recorded, non complying plats can be amended pursuant to the procedure contained in this Fairfield Town Land Use Code.
D. Nonconforming Lot of Record. A nonconforming lot of record which conforms with every provision and requirement of this code for a single-family dwelling or manufactured home, except for the required lot area and/or required lot width along the side abutting a state or town road, may be granted a building permit for a one-family dwelling or manufactured home notwithstanding such deficiency in lot area or width provided that it was shown continuously on the records of the County Clerk or Recorder as an independent parcel since before the effective date of this code /ordinance.
E. Expansion. A non complying structure or nonconforming use of land may be expanded only if:
1. A health or safety official of Utah County, the State of Utah, or the United States of America, acting in his official capacity requires such expansion in order for the use to continue, and if: (Note: Fairfield Town does not have a Health Department)
a. The requirement is based upon the health, safety, and/or building codes administered by such official;
b. A copy of the written findings by such official, and the order based thereon, are presented to the Zoning Commission as part of the application for a permit; and
c. The official states the use cannot continue unless such an expansion is made; or
d. Recommendations are made to the Town Council;
2. The Planning Commission approves the expansion after making any of the following findings:
a. The specific use and structure to be expanded is a non complying, single-family dwelling;
b. The boundaries of the lot on which the single-family dwelling lies are unchanged from those existing when the dwelling became non complying;
c. The proposed expansion meets all the requirements of the zone in which it is located for subdivision, health department approval of water supply and sewage, flood protection, parking, and setback, except new construction may be approved within the required front setback distance if it does not intrude beyond the setback of the existing structure;
d. The specific use and structure to be expanded is an existing church or other structure for religious worship that is located on a legal nonconforming lot of record; and
e. The overall use and structure meet all of the requirements of Fairfield Town and the State of Utah for fire protection, water supply for fire suppression, drinking water, sewage disposal, drainage and flood protection, subdivision plat approval, parking capacity, building setback, and construction code compliance.
F. Repairs. Repairs may be made to a non complying structure, but only when the repair is for the purpose of the maintenance of the existing structure. The repair cannot increase the square footage of the structure, cannot alter the footprint of the structure, and cannot create or relocate any exterior walls of the structure.
G. Replacement of Destroyed Buildings. A non complying structure which is rendered uninhabitable by the destruction of a fire, flood, or other calamity or act of nature may be restored and the preexisting use resumed provided that a building permit for reconstruction is obtained within one year from the date of destruction and construction is diligently executed to completion and re-occupancy. Such restoration shall not increase the floor area of the nonconforming structure.
H. Change In Use. A non complying structure or a nonconforming use of land shall not be changed to another non complying structure or nonconforming use whatsoever; changes shall not be made except in conformity with the current provisions of the Land Use Code. Any non complying structure or nonconforming use which has been changed to a complying structure or conforming use shall not thereafter be changed back to a non complying structure or a nonconforming use.
I. No Rights Gained by Unpermitted Occupancy or Use. No nonconforming status, nor any right to occupy a structure or use of a structure or parcel of land contrary to the provisions of this code, shall be gained through such occupancy or use in the past when such was illegal or accomplished without a permit.
J. Effect of Amendments. The provisions of the Land Use Code pertaining to non complying structures and nonconforming uses of land also apply to structures and land uses which hereafter become noncomplying and nonconforming because of an amendment to the Land Use code.
K. The Lot Lies in the Zone. The lot has existed continuously on the official records of the County Clerk or Recorder as an independent parcel prior to 2005 and every provision and requirement of this Code, except for said area and width requirement is met.
L. Effect of Tax Sales on Non Conforming Uses. When Utah County or Fairfield Town acquires title to any property because of tax sale, the future use of the property shall conform to the existing requirements within the zone.