Zoning 1109 Termination of a Nonconforming Use due to Abandonment
Unofficial copy. It may be out of date. Not legal or zoning advice. Zoning rules change, and only the city or county can say for sure what is allowed on a property. Confirm with the city or county planning department before you buy, sign or build.
The official Wayne County code is at https://waynecountyutah.gov/pages/planning-and-zoning.
Text pulled 2026-10-19 from this source.
Tables (like use tables) may not copy cleanly, so check any table against the official code.
Confirm anything here with Wayne County planning before you rely on it.
1) Any party claiming a nonconforming use has been abandoned shall have the burden of establishing the abandonment.
2) Abandonment may be presumed to have occurred if:
a) A majority of the primary structure associated with the nonconforming use has been voluntarily demolished without prior written agreement with the County regarding an extension of the nonconforming use.
b) The use has been discontinued for a minimum period of one (1) year; or
c) The primary building associated with the nonconforming use remains vacant for a minimum period of one (1) year.
3) The property owner may rebut the presumption of abandonment under this Section and shall have the burden of establishing that any claimed abandonment under this Section has not in fact occurred. The Commission shall have authority to review and decide all disputes relating to abandonment of structures associated with a nonconforming use or noncomplying structures.
4) The County may terminate the nonconforming use status of a school district or charter school 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 minimum period of one (1) year.
Zoning 1108 Requirements for Noncomplying Structures · Zoning 1110 Noncomplying Lots