Understanding nonconforming use under Utah Code is essential for property owners, developers, legal professionals, and zoning officials. The concept plays a critical role in land use regulation and zoning compliance throughout the state. Nonconforming use refers to the continued use of property in a manner that was legally established under previous zoning ordinances but no longer complies with current zoning laws. This legal protection ensures that lawful property rights are not arbitrarily taken away due to changes in zoning. Utah’s statutory provisions on nonconforming uses balance individual property rights with the long-term goals of community planning and development.
Definition and Legal Basis
What is Nonconforming Use?
In Utah, a nonconforming use occurs when a property or structure was legally established according to the zoning regulations at the time but does not meet the current zoning requirements after new ordinances are adopted. For example, a commercial building operating in a zone that is later changed to residential becomes a nonconforming use.
Utah Code Provisions
The Utah Code, particularly Title 10 (regarding municipalities) and Title 17 (regarding counties), provides the statutory framework for dealing with nonconforming uses and structures. Utah Code Annotated § 10-9a-511 and § 17-27a-510 outline specific protections and limitations related to nonconforming use. These sections prevent local governments from eliminating nonconforming uses outright, provided the use is not abandoned or changed unlawfully.
Key Characteristics of Nonconforming Use
- Legally established: The use or structure must have been lawful when it began.
- Zoning change: A subsequent zoning amendment made the use or structure noncompliant.
- Continuation allowed: The use may continue despite the zoning change, subject to specific limitations.
Types of Nonconforming Uses
Nonconforming Use of Land
This involves land being used for purposes not allowed under current zoning, such as a storage yard or outdoor commercial activity in a now-residential zone. As long as the use remains consistent and lawful, it may continue under Utah Code.
Nonconforming Structures
Structures that were legally built but now violate zoning requirements such as setbacks, height limits, or lot coverage may be considered nonconforming. These structures are often protected unless they are significantly altered or destroyed.
Nonconforming Lots
Sometimes lots themselves do not conform to current area or frontage requirements. In such cases, development may still be allowed under certain conditions as long as the lot was lawfully created before zoning laws changed.
Nonconforming Signs
Older signs that do not comply with current sign ordinances may be allowed to remain if they meet certain criteria, such as structural safety and maintenance standards.
Regulation and Limitations
Abandonment and Discontinuation
Utah Code permits municipalities and counties to terminate nonconforming use rights if the use is discontinued for a specified period, typically 12 months. If the owner stops using the property in a nonconforming way or fails to maintain the structure, the right to continue that use may be forfeited.
Expansion and Alteration
Nonconforming uses and structures are generally not allowed to expand beyond their original scope. Modifications are often tightly regulated and may require special approvals or variances. For instance, expanding the footprint of a nonconforming business in a residential area may be prohibited unless permitted through local ordinance exceptions.
Destruction and Reconstruction
If a nonconforming structure is destroyed whether by natural disaster, fire, or other causes Utah law limits its reconstruction. In some jurisdictions, property owners may rebuild if a significant portion (e.g., less than 50%) of the original structure remains intact. Otherwise, rebuilding may require full compliance with current zoning regulations.
Change in Use
Changing a nonconforming use to another use that is also nonconforming or intensifies the existing use is often restricted. For example, converting a nonconforming residential rental property into a short-term vacation rental may violate local rules unless expressly authorized.
Grandfathering Under Utah Code
The legal concept of ‘grandfathering’ supports the continuation of nonconforming uses under state law. Utah Code specifically protects these uses as vested rights. However, these rights are not unlimited. Grandfathered status can be lost if owners do not follow local zoning procedures or attempt to alter the use beyond permitted bounds.
Local Ordinance Variations
While Utah Code provides a broad legal framework, local governments retain considerable authority to regulate nonconforming uses within their jurisdictions. Some cities may adopt more restrictive policies, while others allow more flexibility. It is essential for property owners to review local zoning ordinances in addition to state law to fully understand their rights and responsibilities.
Example: Salt Lake City
Salt Lake City’s zoning code provides detailed rules on how nonconforming uses and structures are treated, including provisions for appeals and variances. The city allows some structural modifications and routine maintenance of nonconforming properties under defined guidelines.
Example: Utah County
Utah County may enforce stricter abandonment rules, requiring continuous active use to preserve nonconforming status. Property owners must keep thorough documentation to demonstrate ongoing lawful use if challenged.
Legal Disputes and Case Law
Disagreements about whether a use is nonconforming or whether it has been abandoned often lead to litigation. Utah courts generally interpret nonconforming use statutes strictly, focusing on the intent of the law and the actual history of the property use. Property owners carry the burden of proof to demonstrate the lawful and continuous nature of their nonconforming use.
Common Legal Issues
- Whether a use was legally established before zoning changed
- Evidence of abandonment or discontinuation
- Whether a structure can be rebuilt after partial destruction
- Expansion beyond the original scope of the use
Best Practices for Property Owners
To maintain protection under Utah’s nonconforming use laws, property owners should follow these best practices:
- Keep records proving lawful establishment of the use
- Maintain consistent and active use of the property
- Avoid unauthorized expansions or alterations
- Consult zoning experts or legal counsel before making changes
- Monitor changes in local ordinances that may affect nonconforming rights
Understanding the Utah Code on nonconforming use is vital for anyone involved in real estate, development, or land use planning. These provisions ensure a fair transition when zoning laws change, while protecting property owners who acted in accordance with the law at the time of development. While the law offers certain protections, those protections are not automatic and require vigilance, compliance, and documentation. By knowing their rights and limitations under both state and local laws, property owners can better navigate zoning regulations and preserve the value and utility of their properties.