United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-1003

This section generally allows nonconforming uses and noncomplying structures to continue, but sets limits on extension, reconstruction, abandonment, relocation of billboards, and proof requirements.

Source excerpt

abandonmentbillboardsbuildingburden of proofdevelopmentland usemunicipal ordinancenoncomplying structuresnonconforming usenonconforming usesproof/evidenceproperty relocationproperty userelocationsignagesolar energy deviceszoning

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“This section generally allows nonconforming uses and noncomplying structures to continue, but sets limits on extension, reconstruction, abandonment, relocation of billboards, and proof requirements.”

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Nonconforming uses and noncomplying structures.

This section generally allows nonconforming uses and noncomplying structures to continue, but sets limits on extension, reconstruction, abandonment, relocation of billboards, and proof requirements.

Section 10-20-1003

Subsection 10-20-1003(2)(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;

Section 10-20-1003(2)(a)

Subsection 10-20-1003(3)(b)(ii)

This provision refers to a property owner who has voluntarily demolished most of a noncomplying structure or the building containing a nonconforming use.

Section 10-20-1003(3)(b)(ii)

Subsection 10-20-1003(4)(b)

A party asserting abandonment of a nonconforming use must prove it.

Section 10-20-1003(4)(b)

Subsection 10-20-1003(5)

A municipality may end the nonconforming status of a school district or charter school use or structure if the property has not been used for those school purposes for a period set by ordinance.

Section 10-20-1003(5)

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Showing 26 of 26 provisions

Provision 23Substitution 3

Part 10-20-10

part 10-20-10 Enforcement

§ 10-20-1003Nonconforming uses and noncomplying structures.Substitution

Source excerpt

This section generally allows nonconforming uses and noncomplying structures to continue, but sets limits on extension, reconstruction, abandonment, relocation of billboards, and proof requirements.

Nonconforming uses and noncomplying structures. Except as provided in this section, a nonconforming use or noncomplying structure may be continued by the present or a future property owner. 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. For purposes of this Subsection (1) , the addition of a solar energy device to a building is not a structural alteration. The legislative body may provide for: the establishment, restoration, reconstruction, extension, alteration, expansion, or substitution of nonconforming uses upon the terms and conditions set forth in the land use ordinance; 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 the termination of a nonconforming use due to its abandonment. 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. A municipality may prohibit the reconstruction or restoration of a noncomplying structure or terminate the nonconforming use of a structure if: 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 the property owner has voluntarily demolished a majority of the noncomplying structure or the building that houses the nonconforming use. 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. 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 Section 10-20-608 . 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. Any party claiming that a nonconforming use has been abandoned shall have the burden of establishing the abandonment. Abandonment may be presumed to have occurred if: 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; the use has been discontinued for a minimum of one year; or the primary structure associated with the nonconforming use remains vacant for a period of one year. 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. 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.

Section 10-20-1003Verify source

§ 10-20-1003(1)Subsection 10-20-1003(1)Provision

Source excerpt

A nonconforming use or noncomplying structure may be continued by the present or a future property owner, and a nonconforming use may be extended through the same building if no structural alteration is proposed or made for that extension.

Except as provided in this section, a nonconforming use or noncomplying structure may be continued by the present or a future property owner. 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. For purposes of this Subsection (1) , the addition of a solar energy device to a building is not a structural alteration.

Section 10-20-1003(1)Verify source

§ 10-20-1003(1)(a)Subsection 10-20-1003(1)(a)Provision

Source excerpt

Except as provided in this section, a nonconforming use or noncomplying structure may be continued by the present or future property owner.

Except as provided in this section, a nonconforming use or noncomplying structure may be continued by the present or a future property owner.

Section 10-20-1003(1)(a)Verify source

§ 10-20-1003(1)(b)Subsection 10-20-1003(1)(b)Provision

Source excerpt

A nonconforming use may be extended through the same building if no structural alteration is proposed or made for that extension.

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.

Section 10-20-1003(1)(b)Verify source

§ 10-20-1003(1)(c)Subsection 10-20-1003(1)(c)Provision

Source excerpt

For purposes of this Subsection (1) , the addition of a solar energy device to a building is not a structural alteration.

Section 10-20-1003(1)(c)Verify source

§ 10-20-1003(2)Subsection 10-20-1003(2)Substitution

Source excerpt

The legislative body may authorize certain nonconforming uses under land use ordinance terms, may terminate nonconforming uses with a reasonable amortization period (except billboards), and may terminate a nonconforming use if it is abandoned.

The legislative body may provide for: the establishment, restoration, reconstruction, extension, alteration, expansion, or substitution of nonconforming uses upon the terms and conditions set forth in the land use ordinance; 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 the termination of a nonconforming use due to its abandonment.

Section 10-20-1003(2)Verify source

§ 10-20-1003(2)(a)Subsection 10-20-1003(2)(a)Substitution

Source excerpt

the establishment, restoration, reconstruction, extension, alteration, expansion, or substitution of nonconforming uses upon the terms and conditions set forth in the land use ordinance;

Section 10-20-1003(2)(a)Verify source

§ 10-20-1003(2)(b)Subsection 10-20-1003(2)(b)Provision

Source excerpt

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

Section 10-20-1003(2)(b)Verify source

§ 10-20-1003(2)(c)Subsection 10-20-1003(2)(c)Provision

Source excerpt

the termination of a nonconforming use due to its abandonment.

Section 10-20-1003(2)(c)Verify source

§ 10-20-1003(3)Subsection 10-20-1003(3)Provision

Source excerpt

A municipality generally may not block rebuilding or restoring a noncomplying structure destroyed by fire or other calamity unless it was abandoned; it may act if the structure is allowed to become uninhabitable and is not repaired within six months after notice, or if most of the structure is voluntarily demolished. The municipality may also allow billboard relocation, and if no mutually acceptable location is agreed within 180 days after a written request, the billboard owner may relocate under Section 10-20-608.

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. A municipality may prohibit the reconstruction or restoration of a noncomplying structure or terminate the nonconforming use of a structure if: 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 the property owner has voluntarily demolished a majority of the noncomplying structure or the building that houses the nonconforming use. 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. 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 Section 10-20-608 .

Section 10-20-1003(3)Verify source

§ 10-20-1003(3)(a)Subsection 10-20-1003(3)(a)Provision

Source excerpt

A municipality may not stop the reconstruction or restoration of a noncomplying structure, or end a nonconforming use, if the structure was involuntarily destroyed by fire or another calamity, unless the structure or use was abandoned.

Section 10-20-1003(3)(a)Verify source

§ 10-20-1003(3)(b)Subsection 10-20-1003(3)(b)Provision

Source excerpt

A municipality may bar rebuilding or restoring a noncomplying structure, or end a nonconforming use, if the structure is left to become uninhabitable and is not repaired within six months after written notice, or if the owner voluntarily demolishes most of the structure or related building.

A municipality may prohibit the reconstruction or restoration of a noncomplying structure or terminate the nonconforming use of a structure if: 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 the property owner has voluntarily demolished a majority of the noncomplying structure or the building that houses the nonconforming use.

Section 10-20-1003(3)(b)Verify source

§ 10-20-1003(3)(b)(i)Subsection 10-20-1003(3)(b)(i)Provision

Source excerpt

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

Section 10-20-1003(3)(b)(i)Verify source

§ 10-20-1003(3)(b)(ii)Subsection 10-20-1003(3)(b)(ii)Provision

Source excerpt

This provision refers to a property owner who has voluntarily demolished most of a noncomplying structure or the building containing a nonconforming use.

the property owner has voluntarily demolished a majority of the noncomplying structure or the building that houses the nonconforming use.

Section 10-20-1003(3)(b)(ii)Verify source

§ 10-20-1003(3)(c)Subsection 10-20-1003(3)(c)Provision

Source excerpt

A municipality may allow a billboard owner to move a billboard within the municipality if the new location is mutually acceptable. If they do not agree within 180 days after a written request, the owner may relocate under Section 10-20-608.

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. 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 Section 10-20-608 .

Section 10-20-1003(3)(c)Verify source

§ 10-20-1003(3)(c)(i)Subsection 10-20-1003(3)(c)(i)Provision

Source excerpt

A municipality may allow a billboard owner to move a billboard within the municipality to a location acceptable to both parties, even if a zoning ordinance would otherwise prohibit it.

Section 10-20-1003(3)(c)(i)Verify source

§ 10-20-1003(3)(c)(ii)Subsection 10-20-1003(3)(c)(ii)Provision

Source excerpt

If the municipality and billboard owner do not agree on a mutually acceptable location within 180 days after a written relocation request, the billboard owner may relocate the billboard.

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 Section 10-20-608 .

Section 10-20-1003(3)(c)(ii)Verify source

§ 10-20-1003(4)Subsection 10-20-1003(4)Provision

Source excerpt

The municipality may set a uniform presumption of legal existence by ordinance; otherwise the property owner must prove a noncomplying structure or nonconforming use exists, and anyone alleging abandonment must prove that abandonment.

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. Any party claiming that a nonconforming use has been abandoned shall have the burden of establishing the abandonment. Abandonment may be presumed to have occurred if: 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; the use has been discontinued for a minimum of one year; or the primary structure associated with the nonconforming use remains vacant for a period of one year. 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.

Section 10-20-1003(4)Verify source

§ 10-20-1003(4)(a)Subsection 10-20-1003(4)(a)Provision

Source excerpt

Unless the municipality sets an ordinance-based uniform presumption, the property owner must prove the legal existence of a noncomplying structure or nonconforming use with substantial evidence.

Section 10-20-1003(4)(a)Verify source

§ 10-20-1003(4)(b)Subsection 10-20-1003(4)(b)Provision

Source excerpt

A party asserting abandonment of a nonconforming use must prove it.

Any party claiming that a nonconforming use has been abandoned shall have the burden of establishing the abandonment.

Section 10-20-1003(4)(b)Verify source

§ 10-20-1003(4)(c)Subsection 10-20-1003(4)(c)Provision

Source excerpt

Abandonment of a nonconforming use may be presumed if the primary structure is mostly demolished without prior written municipal agreement extending the use, if the use stops for at least one year, or if the primary structure stays vacant for one year.

Abandonment may be presumed to have occurred if: 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; the use has been discontinued for a minimum of one year; or the primary structure associated with the nonconforming use remains vacant for a period of one year.

Section 10-20-1003(4)(c)Verify source

§ 10-20-1003(4)(c)(i)Subsection 10-20-1003(4)(c)(i)Provision

Source excerpt

The rule applies when most of the primary structure for a nonconforming use has been voluntarily demolished without prior written agreement from the municipality to extend the nonconforming use.

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;

Section 10-20-1003(4)(c)(i)Verify source

§ 10-20-1003(4)(c)(ii)Subsection 10-20-1003(4)(c)(ii)Provision

Source excerpt

The use must have been discontinued for at least one year.

the use has been discontinued for a minimum of one year; or

Section 10-20-1003(4)(c)(ii)Verify source

§ 10-20-1003(4)(c)(iii)Subsection 10-20-1003(4)(c)(iii)Provision

Source excerpt

The primary structure tied to a nonconforming use must remain vacant for one year.

the primary structure associated with the nonconforming use remains vacant for a period of one year.

Section 10-20-1003(4)(c)(iii)Verify source

§ 10-20-1003(4)(d)Subsection 10-20-1003(4)(d)Provision

Source excerpt

The property owner may rebut the presumption of abandonment and must establish that any claimed abandonment under Subsection (4)(b) did not occur.

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.

Section 10-20-1003(4)(d)Verify source

§ 10-20-1003(5)Subsection 10-20-1003(5)Provision

Source excerpt

A municipality may end the nonconforming status of a school district or charter school use or structure if the property has not been used for those school purposes for a period set by ordinance.

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.

Section 10-20-1003(5)Verify source

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Utah Code § 10-20-1003

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