Home/Search ResultsAdvisory Opinion 260Download PDF version Parties: Kristopher Sorensen / City of Saratoga Springs Issued: October 5, 2022 …Topic Categories:Exactions The City may require the dedication and improvement of the half-width of the local roadway adjacent to the property as a condition of issuing the building permit for a single-family residence on a large agricultural parcel but may not …
Advisory Opinion 259
Home/Search ResultsAdvisory Opinion 259Download PDF version Parties: Safe Harbor Storage LLC / Laketown Issued: August 31, 2022 …Topic Categories:Complete Land Use Application Entitlement to Application Approval (Vested Rights) Review for Application Completeness Substantive Land Use Review Temporary Land Use Ordinances The date at which a land use application is considered complete is important for purposes of vested rights. A municipality’s …
New Case Summary – R.O.A. General v. Salt Lake City
Utah Court of Appeals 2022 UT App 141 (click for full text of opinion) The Utah Court of Appeals vacated a district court’s judgment for inverse condemnation in favor of a billboard owner whose relocation request was denied by the city, and remanded the case for further proceedings. R.O.A. General is the successor to Outfront Media LLC, formerly known as …
New Case Summary – Fuja v. Woodland Hills
Utah Court of Appeals 2022 UT App 140 (click here for full text of opinion) The Utah Court of Appeals held that a city’s inaction to enforce a zoning violation is not itself a separate land use “decision” that can be appealed. Where the appeal window on a land use decision issuing a building permit had closed, noncompliance with the …
Advisory Opinion 258
Home/Search ResultsAdvisory Opinion 258Download PDF version Parties: Lorrie and Robert Morris / Washington County Issued: June 14, 2022 …Topic Categories:Nonconforming Uses & Structures Interpretation of Ordinances … Except where explicitly incorporated into applicable land use regulations, a failure to comply with other requirements unrelated to zoning, such as business license requirements, does not preclude the establishment of a legal nonconforming …
Advisory Opinion 257
Home/Search ResultsAdvisory Opinion 257Download PDF version Parties: Steve Christensen / Washington County Issued: June 14, 2022 …Topic Categories:Nonconforming Uses & Structures Interpretation of Ordinances … Prior ordinances that do not plainly restrict a particular use, or are ambiguous, should be interpreted in favor of an asserted use for purposes of establishing a legal nonconforming right. Establishing a particular legal use …
Advisory Opinion 256
Home/Search ResultsAdvisory Opinion 256Download PDF version Parties: Spencer Packer / Centerville Issued: May 11, 2022 …Topic Categories:Compliance With Land Use Ordinances Subdivision Plat Approval … The City appropriately approved a subdivision that was opposed by an adjoining landowner who claimed that certain easement interests he held in the subdivision property would be adversely affected by the proposed subdivision development. The …
Advisory Opinion 255
Home/Search ResultsAdvisory Opinion 255Download PDF version Parties: Troy Belnap / Cedar Hills Issued: May 11, 2022 …Topic Categories:Compliance with Land Use Ordinances Interpretation of Ordinances Requirements Imposed on Development … Cedar Hills may not lawfully require the property owner to secure an easement agreement as a condition of receiving a building permit for a fence and a retaining wall because …
Advisory Opinion 254
Home/Search ResultsAdvisory Opinion 254Download PDF version Parties: Ivins City Issued: April 13, 2022 …Topic Categories:Entitlement to Application Approval (Vested Rights) Subdivision Plat Approval … Vested rights apply to regulations applicable to a land use application or to the information shown on the submitted application. A subdivision approval creates developable lots. Typically, and assuming there isn’t a binding development agreement detailing …
Advisory Opinion 253
Home/Search ResultsAdvisory Opinion 253Download PDF version Parties: Highland City / Steve & Travis Maddox Issued: April 6, 2022 …Topic Categories:Exactions on Development … A city may only require a property owner to offset impacts of development proposed in a land use application. It may not address impacts of future development a property owner has yet to propose. In this case, …