17-27a-510 - Nonconforming uses and noncomplying structures.
17-27a-510. Nonconforming uses and noncomplying structures.
(1) (a) Except as provided in this section, a nonconforming use or a noncomplyingstructure may be continued by the present or a future property owner.
(b) A nonconforming use may be extended through the same building, provided nostructural 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 buildingis not a structural alteration.
(2) The legislative body may provide for:
(a) the establishment, restoration, reconstruction, extension, alteration, expansion, orsubstitution of nonconforming uses upon the terms and conditions set forth in the land useordinance;
(b) the termination of all nonconforming uses, except billboards, by providing a formulaestablishing a reasonable time period during which the owner can recover or amortize the amountof 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 noncomplyingstructure or terminate the nonconforming use of a structure that is involuntarily destroyed inwhole 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 structureor terminate the nonconforming use of a structure if:
(i) the structure is allowed to deteriorate to a condition that the structure is rendereduninhabitable and is not repaired or restored within six months after written notice to theproperty owner that the structure is uninhabitable and that the noncomplying structure ornonconforming 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 noncomplyingstructure or the building that houses the nonconforming use.
(c) (i) Notwithstanding a prohibition in its zoning ordinance, a county may permit abillboard owner to relocate the billboard within the county's unincorporated area to a locationthat is mutually acceptable to the county and the billboard owner.
(ii) If the county and billboard owner cannot agree to a mutually acceptable locationwithin 90 days after the owner submits a written request to relocate the billboard, the provisionsof Subsection 17-27a-512(2)(a)(iv) apply.
(4) (a) Unless the county establishes, by ordinance, a uniform presumption of legalexistence for nonconforming uses, the property owner shall have the burden of establishing thelegal existence of a noncomplying structure or nonconforming use.
(b) Any party claiming that a nonconforming use has been abandoned shall have theburden 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 beenvoluntarily demolished without prior written agreement with the county regarding an extensionof 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 aperiod 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 charterschool use or structure when the property associated with the school district or charter school useor structure ceases to be used for school district or charter school purposes for a periodestablished by ordinance.
Amended by Chapter 170, 2009 General Session