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Senate approves substitute to require amortization or payment for nonconforming uses
Summary
Senate adopted a substitute for SB 49 to give cities the same options as counties when removing nonconforming uses — pay compensation, set a reasonable amortization schedule, or else face limited remedies — a compromise negotiated with cities and industry stakeholders.
The Senate adopted a substitute to Senate Bill 49 that expands city and town authority to address nonconforming uses and prescribes a reasonable amortization method as an alternative to immediate removal or costly litigation.
Senator Barlow, sponsor of the substitute, said the measure "gives the cities and towns the same power that the counties now have to deal with nonconforming use." He described the three approaches municipalities may use: pay to buy out the nonconforming use, agree on a reasonable amortization period, or rely on a termination date when the use must end. Barlow said the substitute was the product of negotiations with the League of Cities and Towns, the Utah Business Advertising Association and local governments.
Opponents on the floor, including Senator Swan, voiced concern that the bill might undercut community councils in Salt Lake County that had worked out voluntary multi‑year schedules ("something like 5 years would be appropriate") for sign removal. Barlow responded that the substitute had been circulated and invited any council objections, saying the substitute spells out a formula to avoid costly lawsuits and arbitrary terminations.
Senator Black noted the bill aims to be fair to owners and political subdivisions and pointed out a new exception in the substitute allowing municipalities to remove signs without compensation if a billboard was built on false information or was unsafe.
The clerk later announced the recorded vote: "substitute Senate Bill 49 shows 25 ayes, no nays, 4 being absent" and the bill was placed on the third‑reading calendar.
The substitute changes how political subdivisions handle nonconforming uses, broadening city authority and prescribing amortization to provide owners with some economic protection while giving local governments a structured alternative to immediate removal.
