17-27a-510. Nonconforming uses and noncomplying structures.
(1) (a) Except as provided in this section, a nonconforming use or a noncomplying
structure may be continued by the present or a future property owner.
(b) A nonconforming use may be extended through the same building, provided no
structural alteration of the building is proposed or made for the purpose of the extension.
(c) For purposes of this Subsection (1), the addition of a solar energy device to a building
is not a structural alteration.
(2) The legislative body may provide for:
(a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
substitution of nonconforming uses upon the terms and conditions set forth in the land use
ordinance;
(b) the termination of all nonconforming uses, except billboards, by providing a formula
establishing a reasonable time period during which the owner can recover or amortize the amount
of his investment in the nonconforming use, if any; and
(c) the termination of a nonconforming use due to its abandonment.
(3) (a) A county may not prohibit the reconstruction or restoration of a noncomplying
structure or terminate the nonconforming use of a structure that is involuntarily destroyed in
whole or in part due to fire or other calamity unless the structure or use has been abandoned.
(b) A county may prohibit the reconstruction or restoration of a noncomplying structure
or terminate the nonconforming use of a structure if:
(i) the structure is allowed to deteriorate to a condition that the structure is rendered
uninhabitable and is not repaired or restored within six 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 months; or
(ii) the property owner has voluntarily demolished a majority of the noncomplying
structure or the building that houses the nonconforming use.
(c) (i) Notwithstanding a prohibition in its zoning ordinance, a county may permit a
billboard owner to relocate the billboard within the county's unincorporated area to a location
that is mutually acceptable to the county and the billboard owner.
(ii) If the county and billboard owner cannot agree to a mutually acceptable location
within 90 days after the owner submits a written request to relocate the billboard, the provisions
of Subsection 17-27a-512(2)(a)(iv) apply.
(4) (a) Unless the county establishes, by ordinance, a uniform presumption of legal
existence for nonconforming uses, the property owner shall have the burden of establishing the
legal existence of a noncomplying structure or nonconforming use.
(b) Any party claiming that a nonconforming use has been abandoned shall have the
burden of establishing the abandonment.
(c) Abandonment may be presumed to have occurred if:
(i) a majority of the primary structure associated with the nonconforming use has been
voluntarily demolished without prior written agreement with the county regarding an extension
of the nonconforming use;
(ii) the use has been discontinued for a minimum of one year; or
(iii) the primary structure associated with the nonconforming use remains vacant for a
period of one year.
(d) The property owner may rebut the presumption of abandonment under Subsection
(4)(c), and shall have the burden of establishing that any claimed abandonment under Subsection
(4)(c) has not in fact occurred.
(5) A county may terminate the nonconforming status of a school district or charter
school use or structure 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
established by ordinance.
Amended by Chapter 170, 2009 General Session
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Last revised: Thursday, May 28, 2009