Advisory Opinion 105
Download PDF version Parties: Tom & Debbie Mertens and Salt Lake City Issued: August 23, 2011Topic Categories: Nonconforming Uses and Noncomplying Structures Interpretation of Ordinances Appealing Land Use Decisions The property owners cannot appeal an administrative decision after the 30-day appeal period has passed. The City cannot rely on earlier variance decisions to claim that nonconforming use status has …
Advisory Opinion 99
Download PDF version Parties: Kevin Porter and City of Clearfield Issued: March 29, 2011Topic Categories: Nonconforming Uses and Noncomplying Structures Interpretation of Ordinances Bus benches established when they were allowed are entitled to be continued as nonconforming uses. The definition of billboard in the Utah Code includes bus benches with advertising messages. A sign on a bus bench is …
Advisory Opinion 98
Download PDF version Parties: Providence City and Sandra and Chris Checketts Issued: March 28, 2011Topic Categories: Nonconforming uses and Noncomplying Structures Interpretation of Ordinances A local government has discretion to determine if the requirements of an ordinance have been met. A use that was not permitted cannot qualify as nonconforming, even if it has been allowed to continue. Local …
Advisory Opinion 97
Download PDF version Parties: Christine Brown and Weber County Issued: March 14, 2011Topic Categories: Nonconforming Uses and Noncomplying Structures Appealing Land Use Decisions The time to appeal a land use decision begins to run from when a person has notice of the decision. If a person receives erroneous information that affects a decision to appeal, the time should run …
Advisory Opinion 93
Download PDF version Parties: David & Ruth Fuller and City of Springville Issued: November 15, 2010Topic Categories: Nonconforming Uses and Noncomplying Structures Interpretation of Ordinances A local ordinance is voided for failure to comply with statutory requirements, including those requiring notice and public hearings, and property owners may rely on prior regulations to establish vested rights. A settlement agreement …
Advisory Opinion 84
Download PDF version Parties: Kristen Nilssen and City of Draper Issued: February 1, 2010Topic Categories: Nonconforming Uses and Noncomplying Structures Interpretation of Ordinances The shed in question satisfies the City’s definition of an “attached building,” because it shares a common wall with the main building on the lot. The shed does not qualify for non-complying structure status, because it …
Advisory Opinion 80
Download PDF version Parties: C.E. Butters and Harrisville City Issued: December 9, 2009Topic Categories: Nonconforming Uses and Noncomplying Structures Appealing Land Use Decisions A legislative body may modify site plans approved by a planning commission. A planning commission may not alter zoning ordinances. All property is subject to reasonable regulation, including nonconforming uses. Regulations which promote the public health …
Advisory Opinion 68
Download PDF version Parties: Scott Davidson and City of Provo Issued: May 5, 2009Topic Categories: Nonconforming Uses and Noncomplying Structures Interpretation of Ordinances A use is eligible for nonconforming status if it was legally established prior to being prohibited by a change in a land use ordinance. Compliance with building codes and other ordinances unrelated to land use regulation …
