14.36.130 Termination of Nonconforming Uses and Noncomplying Structures.
(1) Illegal Use. An illegal nonconforming use shall be terminated immediately without regard to this Section.
(2) Deteriorated Structure. Reconstruction or restoration of a noncomplying structure shall be prohibited and the nonconforming use of a structure shall be terminated if:
(a) the structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six (6) months after written notice to the property owner that the structure is uninhabitable and that the noncomplying structure or nonconforming use will be lost if the structure is not repaired or restored within six (6) months; or
(b) the property owner has voluntarily demolished a majority of the noncomplying structure or the building that houses the nonconforming use.
(3) Nonconforming Uses in Wasatch Neighborhood. This Subsection shall apply to any present or future legal nonconforming use located in the Wasatch Neighborhood regardless of how created and includes, but is not limited to, a nonconforming use created by City legislative or administrative action, a Board of Adjustment decision, a judicial decision, settlement of a zoning enforcement matter, an agreement with Provo City, an error by the City, and any previously existing provision of this Title.
(a) Pursuant to the provisions of this Section any nonconforming use located in the Wasatch Neighborhood, described in Subsection (8) of this Section, shall be terminated:
(i) by January 2, 2010, if such use was legally existing prior to January 2, 2007; or
(ii) within three (3) years after the date when such use became legally nonconforming, if legally created on or after January 2, 2007.
(iii) January 2, 2007 shall be the termination start date for a legal, nonconforming use in existence prior to January 2, 2007. The termination start date for any nonconforming use created on or after January 2, 2007 is the date when such use became legally nonconforming.
(b) The Development Services Director or the Director’s designee shall grant an owner of property affected by Subsection (3) of this Section an extension of the time required to conform with such section if:
(i) the owner:
(A) by six (6) months after the termination start date files a notice of intent to apply for a time extension as provided in this Section; and
(B) by one (1) year after the termination start date files a complete application for an extension of time as provided in this Section, and
(ii) the owner’s application for an extension of time demonstrates by a preponderance of evidence that:
(A) the nonconforming use which is the subject of the application was legally established; and
(B) subject to the formula in Subsection (5) of this Section, the owner is unable to recover prior to three (3) years after the termination start date the amount of the owner’s investment in the property.
(c)
(i) The time period during which an owner may recover the amount of investment in property affected by Subsection (3) of this Section shall be determined by dividing the residual value of the property by the average monthly net rental income from the property. The resulting figure is the number of months which the owner shall have to recover the investment in the property.
(ii) For the purposes of this Subsection the following definitions shall apply:
“Amount of the owner’s investment” means the adjusted present value of a property as of the termination start date.
“Adjusted present value” means a property’s original purchase price plus any capital improvements and less depreciation and net income from the property, all as adjusted for inflation to the termination start date.
“Compliance value” means the appraised value of the property on the termination start date assuming the nonconforming use is terminated.
“Residual value” means the difference between a property’s adjusted present value and its compliance value as of the termination start date.
(iii) The time period determined under Subsection (5)(a) of this Section shall apply to the property for which the owner made an application for an extension of time and to the owner’s successors, if any, until such time period has run.
(d) Any person aggrieved by a decision of the Development Services Director or the Director’s designee applying this Section may appeal such decision to the Board of Adjustment as provided in Chapter 14.05 of this Title.
(e) The Development Services Director may adopt reasonable regulations to carry out the purpose of this Section.
(f) The boundary of the Wasatch Neighborhood is shown on the Official Neighborhood Map adopted by the Municipal Council pursuant to Section 2.29.010(1), Provo City Code, and is described as follows: commencing at 1900 North and 1200 East; thence east on 1900 North to Oak Lane; thence east on Oak Lane to 1400 East; thence south on 1400 East to 820 North; thence west on 820 North to 1350 East; thence northwest from 1350 East (connecting to Birch Lane) to 900 East; thence north on 900 East to just north of Fir Circle (1500 North), thence northwest from 1500 North (connecting to Fir Ave.) to approximately 1200 East and 1700 North; thence north from the intersection of 1200 East and 1700 North to approximately 1900 North and 1200 East.
(4) Schools. The nonconforming status of a school district or charter school use or structure shall 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 more than twelve (12) months.