"owner occupied: 57-28-202, 38-11-107, 78B-6-815, 57-16-13, 10-9a-5.5 Leg research trying to be consistent with liens, real estate, Title 10?
natural person: 31A-22-308 Anderson v. Provo notes P 13: We reject proposition that placing an owner occupancy condition on a supplementary accessory dwelling use constitutes an impermissible regulation of "ownership" P 19: court hupheld S overlay even though it created two classes treated differently--occupying and nonoccupying owners--and occupying owners can engage in supplementary use of renting accessory dwellings ... disparity in treatment reasonably justified by Provo Council objective of accommodating student housing needs and preserving character of single family residential neighborhoods P 21: objective of preserving character of residential neighborhoods is legitimate ... presence on property of owner, who can control the units, mitigates the effect and preserves character P 22: other cases in other states about arbitrary distinctions between owners and renters or categories of renters P 23: Provo does not burden primary use, regardless of whether owners or renters, only the secondary use P 29: Provo strikes balance providing more housing alternatives and preserving single family residential |