Download PDF version Parties: Steven C. Pace and City of Holladay Issued: January 21, 2009Topic Categories: Nonconforming Uses and Noncomplying Structures Interpretation of Ordinances Although the doctrine of lot merger is unknown in Utah, a handful of other states have upheld similar ordinances. An ordinance requiring merger of noncomplying parcels can reasonably be seen to promote the health, safety, …
Advisory Opinion 57
Download PDF version Parties: Ronald Perry and City of Ogden Issued: November 24, 2008Topic Categories: Nonconforming Uses & Structures Interpretation of Ordinances Phasing out, or amortizing, nonconforming uses is authorized by the Utah Code. A property owner is given a reasonable amount of time to recover an investment in a nonconforming use. An amortization period may be required by …
Advisory Opinion 52
Download PDF version Parties: Kent Dunkley, Cache-Rich Association of Realtors and the City of Logan Issued: September 25, 2008Topic Categories: Nonconforming Uses & Structures Interpretation of Ordinances A local government does not forfeit the power to enforce an ordinance simply because it has not actively enforced it in the past. Even if a violation has been allowed for some …
Advisory Opinion 46
Download PDF version Parties: Garland Hirschi and Town of Rockville Issued: July 15, 2008Topic Categories: Nonconforming Uses & Structures Appealing Land Use Decisions The Property Owner cannot operate a gravel or rock quarry on the properties. Such a use is prohibited under the current zoning ordinance. The 1997 decision denying nonconforming use status must stand. The Property owner cannot …
Advisory Opinion 39
Download PDF version Parties: Shane Carlson and Salt Lake City Issued: April 28, 2008Topic Categories: Nonconforming Uses & Structures Interpretation of Ordinances A proposed change in ownership from an apartment complex to condominium ownership was not a “change in use.” The definition of “change of use” specifically stated that a change in ownership is not a change in use. …
Advisory Opinion 38
Download PDF version Parties: Weston Ault and Town of Cedar Fort Issued: April 16, 2008Topic Categories: Nonconforming Uses and Noncomplying Structures Interpretation of Ordinances The Town’s ordinance states that “buildings and storage sheds” are subject to setbacks. Even though “storage shed” is not defined, its inclusion in the ordinance cannot be ignored. A storage shed is commonly understood to …
Advisory Opinion 16
Download PDF version Parties: Cindy Cromer and Salt Lake City Issued: June 22, 2007Topic Categories: Compliance with Mandatory Provisions of Land Use Ordinances Nonconforming Uses and Noncomplying Structures The City did not correctly interpret its ordinance. Uses on noncomplying lots (other than single family dwellings) are prohibited unless side yard requirements are met. The City contention that the prohibition …
