Have a triplex but it is zoned as a duplex, what do I do?

Question

My grandfather passed down his property in Salt Lake City Utah. It is over 30 years old, but it was listed as a duplex, over the years he turned it into a triplex with a house in the back. Someone brought it to the zoning departments attention and we are going to be fined daily if we do not fix it. I do not know what to do, do I try to get the 3rd unit permitted? If so how can I do that after everything was done over 15 years ago?

Lacey Nicole · Answer

Thank you Brian, I will look into this. At this point I think getting a lawyer would be helpful. We have been working with the City but they are not very helpful.

Brian Cone · Answer

Salt lake city guy here... The best thing to do is show that you're trying your best to comply with the zoning board's desires while being very upfront with what you want: To allow get them to legalize the 3rd unit through a variance.

In 2012 the city initiated a process to allow properties like this to legalize. I think that they only ran it a year, however they may be amenable to allowing your property to legalize if you meet their requirements - otherwise, you're screwed and have to rent it as a duplex.

Here is a link to the process I mentioned. Hopefully you find it helpful. The city can be a pain but being on the up-and-up is better for everyone - tenants included.

http://www.slcgov.com/planning/planning-project-un...

Also - plus 1 for the guy telling you to lawyer up. I've never done it but I imagine that they are more effective than the average citizen in arguing a case.

Lacey Nicole · Answer

If I do not have the 3rd unit rented, then they cannot fine me?

Thomas S. · Answer

You can work towards making it legal but that could take months or more to accomplish.

You need to give notice to the tenant asap to vacate and show this to the zoning dept. so as to hopefully avoid any fines.

Have a triplex but it is zoned as a duplex, what do I do?

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