Home/Search ResultsAdvisory Opinion 17Download PDF version Parties: Uinta Academy, LC and Cache County Issued: June 28, 2007Topic Categories:Appealing Land Use Decisions Entitlement to Application Approval (Vested Rights) Substantive Land Use Review Temporary Land Use Ordinances County is not required to enact a temporary ordinance in order to deny Property Owner’s application. Since the County’s zoning ordinance prohibited the proposed …
Advisory Opinion 16
Home/Search ResultsAdvisory Opinion 16Download PDF version Parties: Cindy Cromer and Salt Lake City Issued: June 22, 2007Topic Categories:Compliance with Mandatory Provisions of Land Use Ordinances Nonconforming Uses and Noncomplying Structures The City did not correctly interpret its ordinance. Uses on noncomplying lots (other than single family dwellings) are prohibited unless side yard requirements are met. The City contention that …
Advisory Opinion 15
Home/Search ResultsAdvisory Opinion 15Download PDF version Parties: Brian Hofheins and Wasatch County, and Wasatch County Special Service District #1 Issued: April 27, 2007Topic Categories:Exactions on Development A requirement that a developer dedicate water rights is an exaction. An exaction must satisfy rough proportionality analysis. There was no showing that the amount of water required is roughly proportionate to the …
Advisory Opinion 14
Home/Search ResultsAdvisory Opinion 14Download PDF version Parties: Michael Moyal and MBI, LLC and Ogden City Issued: April 16, 2007Topic Categories:Entitlement to Application Approval (Vested Rights) Compliance with Mandatory Land Use Ordinances Temporary Land Use Ordinances Utah law requires the finding of a “compelling, countervailing public interest” to support the enactment of a temporary land use ordinance (or “moratorium”). The …
Advisory Opinion 13
Home/Search ResultsAdvisory Opinion 13Download PDF version Parties: Pam Wixom and the City of West Haven Issued: March 15, 2007Topic Categories:Entitlement to Application Approval (Vested Rights) The decision to deny an application for a lot split was supported by substantial evidence in the record and was not arbitrary, capricious, or illegal.DISCLAIMERThe Office of the Property Rights Ombudsman makes every effort …
Advisory Opinion 12
Home/Search ResultsAdvisory Opinion 12Download PDF version Parties: Jordan School District and City of West Jordan Issued: March 1, 2007Topic Categories:Exactions on Development Application Review Fees The City can require a school district to connect to the City’s water utility for a new school site, as long as the charges are reasonable. The City cannot require the District to connect …
Advisory Opinion 11
Home/Search ResultsAdvisory Opinion 11Download PDF version Parties: Michael Pierce, Utah Valley Real Estate, LLC and Pleasant Grove City Issued: March 1, 2007Topic Categories:Exactions on Development The applicant has no duty to provide land to extend a street through its subdivision. The City could impose a condition upon approval of the subdivision which would require the applicant to demonstrate that …
Advisory Opinion 10
Home/Search ResultsAdvisory Opinion 10Download PDF version Parties: Shawn Warnke, Grand County Administrator and Grand County Issued: February 7, 2007Topic Categories:Exactions on Development Requirements Imposed On Development It is reasonable to interpret the County’s Ordinance as requiring improvement to existing roads, if they related to a new development. Since the improvements are to an existing road that directly serves the …
Advisory Opinion 9
Home/Search ResultsAdvisory Opinion 9Download PDF version Parties: James Bean and Salt Lake City Issued: December 16, 2006Topic Categories:Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances The City’s required setbacks were defined precisely, and the City had no discretion to approve a structure that did not comply with the setbacks. The Property Owner could rely upon the representations made …
Advisory Opinion 8
Home/Search ResultsAdvisory Opinion 8Download PDF version Parties: Kim C. Datwyler, Neighborhood Nonprofit Housing Corporation and Smithfield City Issued: September 7, 2006Topic Categories:Exactions on Development Entitlement to Application Approval (Vested Rights) Compelling, Countervailing Public Interests Dedication of property for a park must satisfy “rough proportionality” analysis. Since the application appeared to satisfy the City’s ordinances, requiring additional access to the …