Issue: Land Use & Development
Transferable Development Rights (TDR) ordinances allow properties to be developed in more productive ways, provide a source of income to property owners who do not or cannot develop their properties, and are a useful planning tool to preserve agricultural lands and open space.
The impact of subdivision amendments greatly affects municipalities; from right-of-ways to easements. To enhance the quality of life for residents, an understanding of the whys and hows for subdivision amendments can guide government officials towards making wise decisions.
Defined in §10-9a-103 of Utah State Code (as amended) a nonconforming use means a use of land that legally existed before its current land use designation; has been maintained continuously since the time the land use ordinance governing the land changed; and because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of land.
Performance guarantees are used to ensure or guarantee that construction, maintenance, or improvements are fulfilled as promised or expected.
Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that they own, lease, or in which they hold some other beneficial interest may apply to the applicable appeal authority for a variance from the terms of the ordinance.