Overview
Land use regulations evolve over time as communities grow, neighborhoods change, and planning priorities shift. When zoning districts or development standards are amended, some existing properties may no longer meet the new regulations even though they were lawful when they were originally established. Rather than requiring those properties to immediately cease operations or be rebuilt, Utah law provides protections for certain existing uses and structures.
Two of the most common concepts are non-conforming uses and non-complying structures. Although the terms sound similar, they address different situations.
A non-conforming use, as defined in §10-20-102/§17-79-102 of Utah State Code (as amended), is a use of land that legally existed before the applicable land use regulations changed, has been maintained continuously since that time, and no longer conforms to the current zoning or permitted use requirements.
A non-complying structure, as defined in §10-20-102/§17-79-102 of Utah State Code (as amended) is a structure that was lawfully constructed before current development standards were adopted but no longer complies with regulations governing the physical characteristics of the structure, such as setbacks, height, lot coverage, or similar dimensional requirements. Unlike a non-conforming use, a non-complying structure may still contain a fully conforming land use; only the structure itself fails to meet today’s development standards.
Understanding the distinction is important because Utah law regulates non-conforming uses and non-complying structures differently. The rights of property owners, the ability to expand or reconstruct a property, and the circumstances under which a nonconformity may be lost are governed by separate statutory provisions. Local officials must therefore carefully determine whether an issue involves the use, the structure, or both before applying the appropriate regulations.
Content Contributors: Jones and DeMille Engineering, Inc, Hansen Planning Group, LLC / Rural Community Consultants
Special Note: This material was developed by civiclinQ for the Land Use Academy of Utah (LUAU). Funding for the development of this material was provided by through the Land Use Training Fund, which is administered by the Office of the Property Rights Ombudsman , utilizing a portion of the 1% surcharge on all building permits in the State of Utah.
The role of this organization in administering funding is primarily administrative and should not be viewed as legal advice. Always consult your legal representative when addressing land use activities.
Use the ‘Materials’ tab above to view related course materials, including printable pass-along card and PDF version of this online course.
