A. Right Of Use:
1. The lawful non-conforming use of a structure or land existing at the time the applicable zoning regulations became or becomes effective may be continued.
2. A vacant structure may be occupied by a use for which the structure was designed or intended if so occupied within a period of one year after the intended use of the structure became non-conforming.
B. Enlarging, Altering Or Changing Non-Conforming Uses:
1. Conditions For Permitting: No non-conforming use may be enlarged, altered or changed, and no non-conforming use of land may occupy additional land, except as provided in this subsection.
a. Enlargement, Alteration Or Change: A non-conforming use may not be enlarged, altered or changed unless authorized by the Town Council in consideration of the prior recommendation of the Planning Commission based upon the following criteria:
(1) The expansion, alteration or change of the use would not adversely impact the surrounding properties more than the existing non-conforming use;
(2) The proposed expansion, alteration or change will make the structure or site more compatible with the surroundings and existing zoning;
(3) The site of the proposed expansion, alteration or change of use conforms to all site development requirements as physically possible, given existing site limitations;
(4) The proposed expansion, alteration or change does not create new non-conformities; and
(5) The proposed expansion, alteration or change addresses and meets the standards described in this chapter.
b. Extension Beyond Original Lot Or Tract: No expansion, alteration or change of the non-conforming use shall be allowed which would extend beyond the original lot or tract of land.
2. Public Hearing: The Town Council shall hold a public hearing on any proposed enlargement, alteration or change of a non-conforming use and shall allow interested persons to be heard prior to making its findings and decision with regard thereto. The Town Council shall provide reasonable notice of the public hearing at least fourteen (14) days before the date of the hearing pursuant to the requirements of Utah Code Annotated. (Ord. 2019-13, 8-8-2019)