Advisory Opinion 309

Download PDF version Parties: Conner Dickson and Wasatch County Issued: August 1, 2025 …Topic Categories: Appealing Land Use Decisions  Proceeding with Reasonable Diligence  Requirements Imposed on Development A decision to suspend or revoke a permit after issuance, if merely a reconsideration of the previous approval decision, is subject to timelines for land use appeals in ordinance—with which even the county …

Advisory Opinion 308

Download PDF version Parties: Chad Peterson / Morgan County Issued: July 31, 2025 …Topic Categories: Interpretation of Ordinances The relevant statutory provisions, read together, lead to the conclusion that the owner’s property is a one-lot subdivision for purposes of determining whether the dwelling on the lot qualifies for the statutory exception to a fire sprinkler system in the State Fire …

Advisory Opinion 307

Download PDF version Parties: Alexis Butler and Millcreek City Issued: July 7, 2025 …Topic Categories: Exactions on Development The City may not impose conditions of approval to dedicate additional right of way and to install curb, gutter, and sidewalk under a deferral agreement, because the City has failed to present evidence that Property Owner’s proposal to construct a single-family dwelling …

Advisory Opinion 306

Download PDF version Parties: Weber Housing Authority and Ogden City Issued: July 2, 2025 …Topic Categories: Compliance with Land Use Regulations Interpretation of Ordinances Requirements Imposed on Development Entitlement to Application Approval  The Housing Authority seeks to convert an assisted living facility into a 32-unit permanent supportive housing project for individuals with disabilities.  The Planning Commission recommended denial, which the …

Advisory Opinion 305

Download PDF version Parties: Kayla and Logan Iverson and Ogden City Issued: June 6, 2025 …Topic Categories: Compliance with Land Use Regulations Interpretation of Ordinances Requirements Imposed on Development Entitlement to Application Approval The property owners applied for a home occupation business license to conduct ceramics classes in their attached garage. The City denied the application, arguing the garage is …

Advisory Opinion 304

Download PDF version Parties: Jess Lynn Green Descendants Trust and American Fork City Issued: March 17, 2025 …Topic Categories: Exactions on Development Local governments may only impose exactions on a landowner when the landowner is proposing development that will create impacts and need municipal services. In this case, the landowner is requesting approval of a zone change that will allow …

Advisory Opinion 303

Download PDF version Parties: Lawrence and Kabrina Allen and the City of West Haven Issued: March 11, 2025 …Topic Categories: Impact Fees Exactions on Development The city’s storm water impact fee is not lawful where it is based on parcel size rather than impact on the storm water infrastructure.DISCLAIMER The Office of the Property Rights Ombudsman makes every effort to …

Advisory Opinion 302

Download PDF version Parties: South Nephi, LLC and Nephi City Issued: January 31, 2025 …Topic Categories: Compliance With Land Use Regulations Exactions on Development Interpretation of Ordinances  Local government has discretion to establish—by legislative enactment—reasonable quality specifications or performance standards for the public facilities and services it provides and may exact from new development equitable contributions at that established level …

Advisory Opinion 301

Download PDF version Parties: A. Jacob Andersen and Rockville Town Issued: January 28, 2025 …Topic Categories: Compliance with Land Use Regulations Entitlement to Application Approval The Town Planning Commission’s decision that the Andersen Parcel is a legal substandard lot under the Town Code is supported by substantial evidence in the record and is therefore lawful and correct. Additionally, substantial evidence …