Rockville planning panel upholds violation for unpermitted residence at 115 East Main, sets July 1 compliance deadline

The Rockville Planning Commission voted to uphold a notice of violation alleging that an accessory structure at 115 East Main was being used as an unpermitted residence and affirmed the town’s $100-per-day fine schedule, setting a compliance deadline of July 1, 2026.

The decision followed a multi-hour review of assessor records, historical listings and letters submitted by the property owner’s representatives and neighbors. Chair (meeting moderator) told the owner she had the right to appeal the administrative decision to the Rockville Town Council and said the commission would provide the documentation it relied on for the record.

Commissioners centered their deliberations on the distinction between the physical structure and its use. The chair read the town’s land use code on abandonment and nonconforming use, noting that a nonconforming residential use may be presumed abandoned if discontinued for a minimum of one year, regardless of owner intent. Commissioners said available documents, including county records and historical listings, indicated the accessory unit had been recorded or used as a shed or tack room for extended periods, which undermined a claim of continuous residential use.

The owner, identified in the hearing record as Sofia O’Manus, and her counsel argued that Washington County assessor records listed the unit as a 1972 mobile home with a bedroom and bathroom and that the plumbing remained connected. O’Manus said an assessor remeasurement and other documentation had been submitted since the preliminary hearing. She also acknowledged placing a toilet seat on an existing cast-iron ring but disputed that the structure had been abandoned as a residence.

Commissioners and some witnesses countered that plumbing and occasional fixtures do not by themselves prove continuous occupancy. The commission also discussed a 1958 local code definition requiring a minimum building size for a dwelling and letters from a realtor and a former resident who said the outbuilding had been advertised and used as a shed rather than a domicile.

After hearing testimony and reviewing submitted documents, Chair moved that the commission uphold the original notice of violation for Parcel R1230B, affirm the existing fine schedule, and set the final compliance deadline at July 1, 2026; the motion passed. The motion text noted Utah state statutory and local administrative appeals processes and preserved the property owner’s right to appeal.

The commission’s action requires the accessory structure’s unpermitted residential occupancy to cease by the deadline and directs that interior living facilities must be brought into compliance with Rockville Town Code chapter 8.7.2.9 if continued occupation is to occur lawfully. Failure to comply will trigger the daily fine schedule. The property owner retains appeal rights under the town’s administrative procedures.