Home/Search ResultsAdvisory Opinion 283Download PDF version Parties: Jacob and Tamara Schellenberg / Cache County Issued: January 22, 2024 …Topic Categories: Exactions The County’s ordinances requiring that adjacent roadways meet minimum established roadway standards a condition of subdivision plat approval is legal on its face. Similarly, the County may lawfully impose an in-lieu fee as an alternate method of improving the …
Advisory Opinion 278
Home/Search ResultsAdvisory Opinion 278Download PDF version Parties: Shawn Cronquist; Cache County Issued: November 7, 2023 …Topic Categories:Compliance With Land Use Regulations Interpretation of Ordinances A property owner’s removal of large quantities of gravel, rock, and other non-soil materials to be sold through a landscaping company was not legally permissible in the applicable agricultural zone, as such activity is considered mineral …
Advisory Opinion 280
Home/Search ResultsAdvisory Opinion 280Download PDF version Parties: Ryan Leick; Greater Salt Lake Municipal Services District Issued: December 28, 2023 …Topic Categories:Compliance with Land use Regulations Interpretation of Ordinances The local land use approval process is not the proper forum for resolving title disputes. However, Emigration Canyon’s ordinances make certain slope regulation waivers available to “lots of record,” which, as defined, …
Advisory Opinion 281
Home/Search ResultsAdvisory Opinion 281Download PDF version Parties: David Hansen Issued: November 30, 2023 …Topic Categories: TOPIC CATEGORIES: Compliance with Mandatory Land Use Ordinances Interpretation of Ordinances The city may lawfully restrict residential development on a lot designated on the subdivision plat as “open space” and dedicated to the public. Furthermore, the lot is zoned PF – Public Facilities which prohibits …
Advisory Opinion 276
Home/Search ResultsAdvisory Opinion 276Download PDF version Parties: Colts Neck Investments; Lindon City Issued: September 27, 2023 …Topic Categories:Compliance with Mandatory Land Use Ordinances Interpretation of Ordinances The plain language of City Code requires that a visual buffer be installed along the northern, public street-facing side of a commercial property intended for use as a storage lot for an adjacent business. …
Advisory Opinion 275
Home/Search ResultsAdvisory Opinion 275Download PDF version Parties: Aaron Thompson; San Juan County Issued: September 27, 2023 …Topic Categories:Interpretation of Ordinances Local governments may regulate the short-term rental of residential structures, but whereas state law requires local governments to apply the plain language of land use regulations, if short-term rental restrictions are not plainly stated, the land use authority must interpret …
Advisory Opinion 274
Home/Search ResultsAdvisory Opinion 274Download PDF version Parties: Park City School District; Summit County Issued: August 2, 2023 …Topic Categories:Compliance with Mandatory Land Use Ordinances Interpretation of Ordinances This Advisory Opinion answers whether a county may lawfully require a school district to comply with generally applicable land use ordinances. The example development included a requirement to secure a Conditional Use Permit …
Advisory Opinion 273
Home/Search ResultsAdvisory Opinion 273Download PDF version Parties: Bill Salter; Granite School District Issued: July 18, 2023 …Topic Categories:Occupation or Use of Property The Ombudsman’s Office may provide an advisory opinion on the subject of inverse condemnation of private property by a government’s physical occupation. The first required element of any takings claim is the possession of a “protectible interest” in …
Advisory Opinion 271
Home/Search ResultsAdvisory Opinion 271Download PDF version Parties: Lauren Halcik; Summit County Issued: June 13, 2023 …Topic Categories:Appealing Land Use Decisions Conditional Use Applications Interpretation of Ordinances A conditional use proposal was not inconsistent with the stated purpose of the County’s development code because the proposed use was expressly anticipated by the list of conditional uses allowed in the zoning district, …
Advisory Opinion 270
Home/Search ResultsAdvisory Opinion 270Download PDF version Parties: Yard AF, LLC; American Fork Issued: June 6, 2023 …Topic Categories:Impact Fees The City may require an apartment developer to pay an additional nearly $150,000 in additional impact fees that were miscalculated by the city and originally paid over a year ago. The city ordinances require that correct impact fees “in effect” be …