A. Regulations For Nonconforming Parking, Signs, Landscaping, Airport Flight Path Protection Overlay, Riparian Corridor Overlay And Sexually Oriented Businesses:
Regulations for nonconforming parking, signs and landscaping are regulated by the provisions set forth in chapters 21A.44, 21A.46 and 21A.48 of this title. Nonconforming regulations for the Airport Flight Path Protection Overlay and the Riparian Corridor Overlay are set forth in sections 21A.34.040 and 21A.34.130 of this title. Nonconforming sexually oriented businesses are also subject to subsection 21A.36.140C of this title and section 5.61.065 of this Code.
B. Nonconformity Of Taverns, Bar Establishments, Or Brewpubs: A legally existing tavern, bar establishment, or brewpub shall not be deemed nonconforming for purposes of expansion, reconstruction or licensing (as long as the use is permitted in the base zoning district) if the only reason for such nonconformity is due to the subsequent location of a school, church or park within the spacing requirements as specified under requirements of State law.
C. Terminating The Nonconformance Of A School District Or Charter School: A school district's or charter school's legal nonconforming status may be terminated when the property associated with the school district or charter school use or structure ceases to be used for school district or charter school purposes for a period of one year.
D. Americans With Disabilities Act (ADA): To accommodate and encourage compliance with the Americans With Disabilities Act (ADA) accessibility guidelines, the enlargement of structures to accommodate ramps, elevators, and bathrooms that meet the minimum ADA accessibility guidelines and improve accessibility for persons with disabilities shall not be considered as increasing or enlarging a nonconforming use.
E. Determination Of Nonconforming Use Status:
1. Burden Of Owner To Establish Legality Of Nonconforming Use: The burden of establishing that any nonconforming use lawfully exists under the provisions of this title shall, in all cases, be the owner's burden and not the City's. Building permits, business licenses and similar documentation may be considered as evidence establishing the legality of use.
2. Determination Of Nonconforming Status: The Zoning Administrator shall determine the nonconforming use status of properties based upon the evidence submitted and information available pursuant to the provisions of this chapter.
F. Abandonment Of Nonconforming Use:
1. Termination Of Nonconforming Use: A nonconforming use of land or of a structure that is abandoned shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of the structure or site must conform with the regulations for the district in which it is located.
a. Presumption Of Abandonment: Abandonment may be presumed to have occurred if:
(1) A majority of the primary structure associated with the nonconforming use has been voluntarily demolished without prior written agreement with the municipality regarding an extension of the nonconforming use;
(2) The use has been discontinued for a minimum of one year; or
(3) The primary structure associated with the nonconforming use remains vacant for a period of one year.
b. Calculation Of Period Of Discontinuance: Any period of such discontinuance caused by government actions, without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance pursuant to this subsection F1.
c. Termination Of Legal Nonconforming Status: A nonconforming use that has been abandoned shall be terminated and will have lost legal nonconforming status.
2. Presumption Of Abandonment: Any party claiming that a nonconforming use has been abandoned shall have the burden of establishing the abandonment.
3. Rebuttal Of Presumption Of Abandonment: A property owner may rebut the presumption of abandonment under subsection F1a of this section, and shall have the burden of establishing that any claimed abandonment under subsection F1a of this section has not in fact occurred.
G. Termination Of A Nonconforming Use By Amortization: The appeals hearing officer may require the termination of a nonconforming use, except billboards, under any plan providing a formula establishing a reasonable time period during which the owner can recover or amortize the amount of the owner's investment in the nonconforming use, if any, as determined by the zoning administrator. The appeals hearing officer may initiate a review for amortization of nonconforming uses upon a petition filed by the mayor or city council, in accordance with the following standards and procedures and consistent with the municipal land use, development, and management act, title 10, chapter 9a, of the Utah code and shall mail written notice to the owner and occupant of the property:
1. Initiation Of Termination Procedure: Appeals hearing officer review of a use determined to be nonconforming pursuant to the provisions of this section, for the purpose of establishing an amortization plan for termination of the use, shall first require a report from the zoning administrator to the appeals hearing officer. The zoning administrator's report shall determine the legality of the nonconforming use, provide a history of the site and outline the standards for determining an amortization period.
2. Notice To Nonconforming User: Upon receipt of the report of the zoning administrator recommending the establishment of an amortization plan for a nonconforming use, the appeals hearing officer shall mail the report and plan to the owner and occupant(s) of the nonconforming use, giving notice of the appeals hearing officer's intent to hold a hearing to consider the request in accordance with the standards and procedures set forth in chapter 21A.10 of this title.
3. Appeals Hearing Officer Review: The appeals hearing officer shall hold a noticed hearing within a reasonable time, following the procedures established in chapter 21A.10 of this title, on the request for amortization of the nonconforming use. Upon the conclusion of the hearing, the appeals hearing officer shall determine whether the nonconforming use should be amortized within a definite period of time.
4. Standards For Determining Amortization Period: The appeals hearing officer shall determine the appropriate amortization period upon the consideration of evidence presented by the zoning administrator and the owner of the nonconformingly used property that is sufficient to make findings regarding the following factors:
a. The general character of the area surrounding the nonconforming use;
b. The zoning classification and use(s) of nearby property;
c. The extent to which property values are adversely affected by the nonconforming use;
d. The owner's actual amount of investment in the property on the effective date of nonconformance, less any investment required by other applicable laws and regulations;
e. The amount of financial loss, if any, that would be suffered by the owner upon termination of the use; and
f. The extent to which the amortization period will further the public health, safety and welfare.
5. Appeal: Any person adversely affected by a final decision of the appeals hearing officer may file a petition for review of the decision with the district court within thirty (30) days after the decision is rendered.
H. Modifications To Nonconforming Uses: Except as provided in this section, a nonconforming use may be extended within the existing building where the nonconforming use occupied only a part of the building, provided no structural alteration to the exterior walls or roofline of the building is proposed or made for the purpose of the extension. No nonconforming use may be changed to another nonconforming use, moved, enlarged or altered except as provided in this section and no nonconforming use of land may occupy additional land.
1. Change Of Nonconforming Use To Another Nonconforming Use: Any change of an existing nonresidential nonconforming use to another nonconforming use that is listed as a permitted use in the small neighborhood business district or the neighborhood commercial district in section 21A.33.030, "Table Of Permitted And Conditional Uses For Commercial Districts", of this title, is permitted. Any other change of a nonconforming use to another nonconforming use is subject to determination by the appeals hearing officer as to the new use being a similar land use type as the existing use as defined in chapter 21A.62, "Definitions", of this title, and subject to the site being able to provide required off street parking within the limits of existing legal hard surfaced parking areas on the site.
Within a mixed use development no existing nonconforming use may be allowed to expand into any residential portion of the development.
2. Enlargement of a Nonconforming Use: Enlargement of a legal nonconforming use are limited to a one time expansion of up to twenty five percent (25%) of the gross floor area, or one thousand (1,000) gross square feet, whichever is less and subject to the site being able to provide required off street parking that complies with any applicable parking requirement of this title. An approved expansion shall be documented through an updated zoning certificate for the property. Any expansion to the nonconforming use beyond these limits is not permitted. The expansion shall be limited to a one-time expansion after April 12, 1995, the effective date of this title. Any expansion granted as a special exception after April 12, 1995 shall be considered as fulfilling the one-time expansion.
3. Relocation Of Structure: A structure containing a nonconforming use may not be moved on the same lot unless the structure shall thereafter conform to the regulations of the zoning district into which the structure is located.
4. Exterior Or Interior Remodeling Or Improvements To Structure: Exterior or interior remodeling or improvements to a structure containing a nonconforming use shall be allowed for energy efficiency, accessibility or life safety improvements. Other improvements may be allowed provided they do not increase the parking requirement as required by this title as a result of the remodeling or improvements.
5. Deterioration Or Destruction Of Structure With A Nonconforming Use: Restoration of a deteriorated, damaged or destroyed structure and continuance of a nonconforming use shall be subject to the following:
a. If a building or structure that contains a nonconforming use is allowed to deteriorate to a condition that the structure is rendered uninhabitable as determined by the building official and is not repaired or restored within one year after written notice to the property owner that the structure is uninhabitable, the nonconforming use will cease to be legal.
b. If a building or structure that contains a nonconforming use is voluntarily razed, or is required by law to be razed, the nonconforming use shall not be resumed.
c. If a property owner has voluntarily demolished seventy five percent (75%) or more of the perimeter wall length and area dimensions of the exterior walls and/or total floor area of a structure, the structure shall not be restored.
d. If a building or structure that contains a nonconforming use is involuntarily destroyed in whole or in part due to fire or other calamity and the structure or use has not been abandoned, the nonconforming use may be resumed and the building or structure may be restored to the condition prior to the destruction, provided such work is reasonably pursued in a time frame determined by the building official after such calamity. (Ord. 64-21, 2021: Ord. 23-18, 2018: Ord. 64-15, 2015: Ord. 65-14, 2014)