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, …
Advisory Opinion 252
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. …