Home/Search ResultsAdvisory Opinion 252Download PDF version Parties: Kim Haslem / Uintah County Issued: March 29, 2022Topic Categories:Conditional Use Applications Interpretation of Ordinances Requirements imposed upon development … A County’s Planning Commission may lawfully amend rather than revoke a Conditional Use Permit for a cement batch plant even where there are three documented violations of operations outside current Conditional Use Permit …
Advisory Opinion 251
Home/Search ResultsAdvisory Opinion 251Download PDF version Parties: Oscar Bluth / Swiss Alpine Water Company Issued: January 20, 2022 …Topic Categories:Impact Fees Act Review Within a Reasonable Time … Private water companies providing water services necessary for land development as the only realistic source of water for its members are subject to certain provisions of the County Land Use Development and …
Advisory Opinion 250
Home/Search ResultsAdvisory Opinion 250Download PDF version Parties: Scott Bracken, Weber County Issued: January 20, 2022 …Topic Categories:Compliance with Land Use Ordinances Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances Requirements Imposed on Development … The 75-foot building setback required by the Weber County stream corridor ordinance applies to naturally occurring, year-round streams. The watercourse running along the rear property …
Advisory Opinion 249
Home/Search ResultsAdvisory Opinion 249Download PDF version Parties: Auburn Hills, LLC and Hyrum City Issued: January 11, 2022Topic Categories:Exactions on Development If a phase of development is applied for and approved independent of prior subdivision applications, and absent any explicit agreement otherwise, the relevant impact to be offset by exaction is the immediate proposal presented in the land use application, without …
Advisory Opinion 248
Home/Search ResultsAdvisory Opinion 248Download PDF version Parties: Union Block, LLC and Brigham City Issued: December 27, 2021Topic Categories:Compliance with Land Use Ordinances Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances Requirements Imposed on Development Cities have the authority and obligation to enforce the state fire code and rules of the state fire marshal within the boundaries of the city. …
South Weber City v. Cobblestone Resort
Utah Court of Appeals 2022 UT App 63 (Click for full text) The Utah Court of Appeals upheld an injunction against the ongoing use of an owner’s property for short-term rentals in the city’s agricultural zone as not qualifying for a legal nonconforming use against recent ordinance changes. Background: In 2019, South Weber adopted an ordinance regulating short-term rentals (STR), …
Huck v. Ken’s House LLC
Utah Court of Appeals 2022 UT App 64 (Click for full text of opinion) The Utah Court of Appeals upheld the dismissal of a boundary by acquiescence claim where the claimant did not produce clear and convincing evidence of each element of the claim. In 2012, Mr. Huck bought a property in the Avenues neighborhood of Salt Lake City that …
Advisory Opinion 247
Home/Search ResultsAdvisory Opinion 247Download PDF version Parties: Spring Creek Cove Development Corp, Murray City Issued: December 2, 2021Topic Categories:Exactions on Development Requirements Imposed on Development Subdivision Plat Approval The city’s requirement that irrigation canals be piped within new residential subdivisions is lawful, even where the developer must enter an agreement it finds “outrageous and illegal” to secure permission to enclose …
Advisory Opinion 245
Home/Search ResultsAdvisory Opinion 245Download PDF version Parties: D.R. Horton, Saratoga Springs City Issued: November 16, 2021Topic Categories:Exactions on Development Requirements Imposed on Development Subdivision Plat Approval The Developer may only be responsible for providing that portion of the impact they impose, which in this case appears to be at most approximately 49% of the cost of the traffic signal, …
Advisory Opinion 246
Home/Search ResultsAdvisory Opinion 246Download PDF version Parties: Neighbors, Summit County Issued: November 16, 2021Topic Categories:Appealing Land Use Decisions Conditional Use Applications Summit County Council had a legal obligation to approve a conditional use permit for a commercial horse boarding facility in the Rural Residential zone where the proposed building would be much larger than surrounding homes because they concluded …