10-9a-511. Nonconforming uses and noncomplying structures.
(1)
Terms Used In Utah Code 10-9a-511
Billboard: means a freestanding ground sign located on industrial, commercial, or residential property if the sign is designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located. See Utah Code 10-9a-103
Charter school: means :
(i)
an operating charter school;
(ii)
a charter school applicant that a charter school authorizer approves in accordance with 3; or
(iii)
an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. See Utah Code 10-9a-103
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
Noncomplying structure: means a structure that:
(a)
legally existed before the structure's current land use designation; and
(b)
because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations, which govern the use of land. See Utah Code 10-9a-103
Nonconforming use: means a use of land that:
(a)
legally existed before its current land use designation;
(b)
has been maintained continuously since the time the land use ordinance governing the land changed; and
(c)
because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. See Utah Code 10-9a-103
Except as provided in this section, a nonconforming use or 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 municipality 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 municipality 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 the day on which written notice is served 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 the municipality’s zoning ordinance, a municipality may permit a billboard owner to relocate the billboard within the municipality’s boundaries to a location that is mutually acceptable to the municipality and the billboard owner.
(ii)
If the municipality and billboard owner cannot agree to a mutually acceptable location within 180 days after the day on which the owner submits a written request to relocate the billboard, the billboard owner may relocate the billboard in accordance with Subsection 10-9a-513(2).
(4)
(a)
Unless the municipality 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 through substantial evidence, which may not be limited to municipal or county records.
(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 municipality 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 has the burden of establishing that any claimed abandonment under Subsection (4)(b) has not occurred.
(5)
A municipality 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.
