Download PDF version Parties: K. Marie Taylor, Salt Lake City Corporation Issued: July 14, 2016Topic Categories: Nonconforming Uses Interpretation of Ordinances The property owner did not abandon its right to a legal nonconforming 24-bed rooming house. Under Utah Law a party may establish a rebuttable presumption of abandonment of a nonconforming use by establishing that the structure associated with …
Advisory Opinion 162
Download PDF version Parties: Tom Baguley; North Ogden City Issued: August 25, 2015Topic Categories: Nonconforming Uses and Noncomplying Structures North Ogden City acted within its discretion in amending its ordinances regarding home occupations. Even if the decision was based upon the complaints of residents, the decision will be upheld because it is legislative amendment to a zoning ordinance, and …
Advisory Opinion 159
Download PDF version Parties: Heidi and Roger Eggett, Morgan County Issued: July 7, 2015Topic Categories: Compliance With Land Use Ordinances Conditional Uses Nonconforming Uses & Structures Local governments are bound to comply with the terms of their zoning ordinances. To be eligible for nonconforming use status, a use must have been “legally established” under former zoning ordinances before those …
Advisory Opinion 140
Download PDF version This Advisory Opinion reconsiders Advisory Opinion 123 and supersedes it in part as set forth in this Opinion. Parties: Central Bank and Saratoga Springs Issued: May 20, 2014 Reconsidered Opinion — Original Opinion #123, Issued on April 30, 2013Topic Categories: Compliance With Land Use Ordinances Nonconforming Uses and Structures A property owner must establish that a land …
Advisory Opinion 135
Download PDF version Parties: Bruce W. Church and City of LaVerkin Issued: November 29, 2013Topic Categories: Nonconforming Uses & Structures A noncomplying structure may remain in place, but uses undertaken within the structure must comply with local use regulations, unless the use separately qualifies for nonconforming use status. Noncomplying structure status does not automatically convey legal nonconforming use status …
Advisory Opinion 127
Download PDF version Parties: Stephen Miles and Bountiful City Issued: July 31, 2013Topic Categories: Compliance With Land Use Ordinances Nonconforming Uses & Structures Interpretation of Ordinances A city may require a developer to bring a noncomplying building into compliance with the existing city code as a condition to approving an addition to the building when the city has a …
Advisory Opinion 125
Download PDF version Parties: Howard and Betty Jo Western, SBA Communications Corporation and Delta City Issued: May 31, 2013Topic Categories: Compliance with Mandatory Land Use Ordinances Nonconforming Uses and Noncomplying Structures Appealing Land Use Decisions Federal law requires a city to approve an “eligible facilities request” to modify an existing wireless tower that does not “substantially change” the tower’s …
Advisory Opinion 113
Download PDF version Parties: Ernie Sandoval and West Valley City Issued: March 29, 2012Topic Categories: Nonconforming Uses and Noncomplying Structures Interpretation of Ordinances Property owners may continue to use a noncomplying structure. Involuntary removal of a structure for road widening does not constitute abandonment if the owner sought to restore the structure with reasonable diligence.DISCLAIMER The Office of the …
