Home/Search ResultsAdvisory Opinion 7Download PDF version Parties: Nathan Zollinger and Nibley City Issued: September 6, 2006Topic Categories:Exactions on Development Interpretation of Ordinances   A local government may require connection to a sewer system, but only if the property is no more than 300 feet from the nearest sewer line. A ban on septic systems should not operate as a “back-door” …

Home/Search ResultsAdvisory Opinion 6Download PDF version Parties: Boyd Brown and West Valley City Issued: September 5, 2006Topic Categories:Review Within a Reasonable Time Temporary Land Use Ordinances   The Land Use, Development, and Management Act authorizes local governments to adopt temporary land use ordinances. During the effective dates of the temporary ordinance, property owners are subject to the regulation in the …

Home/Search ResultsAdvisory Opinion 4Download PDF version Parties: Dan Christensen and Sandy City Issued: August 8, 2006Topic Categories:Conditional Uses Appealing Land Use Decisions   A conditional use permit may only be denied if the municipality finds that the proposed use has detrimental effects that cannot be mitigated with reasonable conditions. Appeals from land use decisions must exhaust administrative remedies and follow …

Home/Search ResultsAdvisory Opinion 3Download PDF version Parties:  Brad Richards and Morgan County Issued:  July 10, 2006Topic Categories:Compliance With Land Use Ordinances   If a county ordinance requires compliance with the county’s general plan, any part of the approval that does not comply with the general plan is invalid.  A final decision of a land use authority or appeal authority is …

Home/Search ResultsVariancesNOTE: This summary is very simplified, and is provided for informational purposes. Any questions on this topic should be directed to The Office of the Property Rights Ombudsman.What is a Variance?A variance is a modification of a zoning requirement made necessary because some unique aspect of a parcel makes the requirement burdensome or unfair. Variances may be granted to …

Home/Search ResultsTemporary Land Use Regulation (Moratorium)NOTE: This summary is very simplified, and is provided for informational purposes. Any questions on this topic should be directed to The Office of the Property Rights Ombudsman.What is a Temporary Land Use Regulation (or Moratorium)?A temporary land use regulation (often called a “moratorium”) is a mechanism by which a zoning regulation is adopted for …

Home/Search ResultsUtah’s Prescriptive Road StatuteNOTE: This summary is very simplified, and is provided for informational purposes. If you have questions on this topic in relation to a dispute with a local government or condemning entity, please contact The Office of the Property Rights Ombudsman. If you need legal advice in a private civil matter, you are encouraged to seek out …

Home/Search ResultsUtah’s Land Use, Development, and Management Act (LUDMA)What is LUDMA?LUDMA is the acronym for the Land Use, Development, and Management Act. There are two versions, one for Municipalities (MLUDMA ), found at Title 10, chapter 9a of the Utah Code, and the other for Counties (CLUDMA ), found at Title 17, chapter 27a. The two acts are nearly identical, …

Home/Search ResultsLand Use Appeals and Appeal AuthoritiesNOTE: This summary is very simplified, and is provided for informational purposes. Any questions on this topic should be directed to The Office of the Property Rights Ombudsman.May a Land Use Decision be Appealed?A land use decision may generally be appealed. In most cases, neighboring property owners and other affected persons also have the …

Home/Search ResultsJust CompensationNOTE: This summary is very simplified, and is provided for informational purposes. Any questions on this topic should be directed to The Office of the Property Rights Ombudsman.What is Meant by Just Compensation?A property owner is entitled to be compensated for any property which is taken for a public use. Just Compensation is satisfied when the property owner …