Download PDF version Parties: Kamas 3530 LLC / Summit County Issued: May 28, 2024 …Topic Categories: Legal non-complying structure Interpretation of Ordinances State statute allows for the continuation of noncomplying structures and gives only two scenarios in which a County may prohibit the reconstruction of a noncomplying structure – (1) written notice that the structure is uninhabitable and failure to …
Advisory Opinion 263
Download PDF version Parties: Washington School House, LLC / Park City Issued: December 14, 2022 …Topic Categories: Conditional Use Applications Interpretation of Ordinances Nonconforming Uses & Structures Substantive Land Use Review When an application proposes to change from a legal nonconforming use to some other defined land use, the government must review the proposal on its own merits for compliance …
Advisory Opinion 258
Download PDF version Parties: Lorrie and Robert Morris / Washington County Issued: June 14, 2022 …Topic Categories: Nonconforming Uses & Structures Interpretation of Ordinances … Except where explicitly incorporated into applicable land use regulations, a failure to comply with other requirements unrelated to zoning, such as business license requirements, does not preclude the establishment of a legal nonconforming use. Similarly, …
Advisory Opinion 257
Download PDF version Parties: Steve Christensen / Washington County Issued: June 14, 2022 …Topic Categories: Nonconforming Uses & Structures Interpretation of Ordinances … Prior ordinances that do not plainly restrict a particular use, or are ambiguous, should be interpreted in favor of an asserted use for purposes of establishing a legal nonconforming right. Establishing a particular legal use of property …
Advisory Opinion 224
Download PDF version Parties: Ruth S. Eyre Trust and Logan City Issued: June 10, 2020Topic Categories: Nonconforming Uses & Structures Legal nonconforming rights are established by state law, but must be officially recognized according to the procedures of local ordinances. The issue of a grandfathered right to use a property for multiple living units is wholly separate from a …
Advisory Opinion 217
Download PDF version Parties: Stockton Town; Kilgore Companies Issued: February 24, 2020Topic Categories: Compliance with Land Use Ordinances Nonconforming Uses & Structures The property owner typically has the burden of establishing the legal existence of a nonconforming use. To establish a legal nonconforming use, the property owner must establish that the use (1) was legal when it began, (2) …
Advisory Opinion 186
Download PDF version Parties: Jay Harwood, Tooele County Issued: May 24, 2017Topic Categories: Nonconforming Uses The doctrine of diminishing assets permits legal nonconforming (grandfathered) gravel pits to expand beyond their physical boundaries in order to continue operations. However, expansion is limited to the boundaries of the parcel(s) upon which gravel operations existed at the time the use became nonconforming.DISCLAIMER …
Advisory Opinion 179
Download PDF version Parties: SannDee Stowell, City of St. George Issued: January 27, 2017Topic Categories: Nonconforming Uses The townhome does not qualify as a legal nonconforming short-term residential rental property. The city’s code did not allow the use of the property as a short-term rental when the owner of the townhome began leasing it on a short-term basis in …
Advisory Opinion 176
Download PDF version Parties: Scott Hunter, Tooele County Issued: November 29, 2016Topic Categories: Conditional Use Application Nonconforming Uses Interpretation of Ordinances The 1996 conditional use permit did not expire on its own terms, because the expiration condition was never expressed in the permit approval. Likewise, the 1996 conditional use permit did not expire by the terms of the Tooele …
