Nonconforming Uses + Noncomplying Structures

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In Utah, nonconforming uses are defined in §10-9a-103 for municipalities and §17-27a-103 for counties as a use of land that legally existed before its current land use designation, has been maintained continuously since the time the land use ordinance governing the land changed, and because of one (1) or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of land.

A noncomplying structure, similar to a nonconforming use is defined as a structure that legally existed before the structure’s current land use designation and because of one (1) 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.

Special Note: The Office of the Property Rights Ombudsman has provided funding for this training program from the 1% surcharge on all building permits in the State of Utah.

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