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 …
Advisory Opinion 244
Home/Search ResultsAdvisory Opinion 244Download PDF version Parties: Fuja / Woodland Hills City Issued: October 14, 2021Topic Categories:Appealing Land Use Decisions Compliance With Land Use Ordinances Interpretation of Ordinances Requirements Imposed on Development Any alterations to construction approved in a building permit requires the applicant to submit amended plans for review. The proposed amendments must likewise comply with applicable land …
Advisory Opinion 243
Home/Search ResultsAdvisory Opinion 243Download PDF version Parties: ARB Investments, LLC / West Jordan City Issued: September 2, 2021Topic Categories:Exactions on Development In response to the developer’s requested rezone for a proposed residential development, the city has asked a developer to dedicate an off-site portion of property for a future roadway as a condition precedent to favorable legislative approval, and …
Advisory Opinion 242
Home/Search ResultsAdvisory Opinion 242Download PDF version Parties: Utah Valley Homebuilders Association / Eagle Mountain Issued: July 30, 2021Topic Categories:Impact Fees Act The Utah Valley Home Builders Association raised a general challenge to Eagle Mountain City’s impact fee update by disagreeing with the city’s method of identifying the level of service and advancing alternative assumptions or considerations not adopted by …
