Download PDF version Parties: Recycled Earth LLC and Ogden City Issued: August 27, 2020Topic Categories: Pending Ordinances Substantive Land Use Review A land use applicant who has submitted a complete land use application is entitled to substantive review under the land use regulations in effect at the time and applicable to the application, or, to the information shown on …
Advisory Opinion 227
Download PDF version Parties: Harrisville City and David Green Issued: August 11, 2020Topic Categories: Proceeding with Reasonable Diligence The continued validity of an approval of a land use application is contingent upon the applicant proceeding after approval to implement the approval with reasonable diligence. The developer was approved for development of a commercial complex of buildings in 2005. Upon …
Advisory Opinion 226
Download PDF version Parties: Sean Reddish and Hurricane City Issued: July 31, 2020Topic Categories: Exactions on Development An exaction on development is lawful insofar as the burden imposed on development is roughly proportionate, or roughly equivalent, to its impact. Where a property abuts two streets as a corner lot, an exaction requiring installation of improvements along both streets according …
Advisory Opinion 225
Download PDF version Parties: Weber School District and Pleasant View City Issued: June 25, 2020Topic Categories: Impact Fees Act School districts are afforded certain privileges under Utah’s Impact Fee Act. No impact fees may be assessed against a school district unless the construction of a school directly results in the need for additional improvements to public facility systems. The …
Advisory Opinion 224
Download PDF version Parties: Ruth S. Eyre Trust and Logan City Issued: June 10, 2020Topic Categories: Nonconforming Uses & Structures Legal nonconforming rights are established by state law, but must be officially recognized according to the procedures of local ordinances. The issue of a grandfathered right to use a property for multiple living units is wholly separate from a …
Advisory Opinion 223
Download PDF version Parties: Nic Porter and Logan City Issued: May 5, 2020Topic Categories: Compliance with Land Use Ordinances Interpretation of Ordinances Requirements Imposed on Development Subdivision Plat Approval The City may require plats for single-family residential subdivisions with forty-six lots to use the sixty-foot-wide Residential Street cross section rather than the twenty-foot-wide Private Street cross section as required …
Advisory Opinion 222
Download PDF version Parties: Joseph White / Tooele County Issued: April 30, 2020Topic Categories: Appealing Land Use Decisions Compliance with Land Use Ordinances Conditional Use Applications While the County may be in the process of amending its land use ordinance regarding Planned Unit Developments (PUDs)—for perceived deficiencies or otherwise—the existing scheme must still be applied to submitted applications, and …
Advisory Opinion 221
Download PDF version Parties: Ryan Bybee, Lindon OW, LLC; Lindon City Issued: April 21, 2020Topic Categories: Exactions on Development The City’s requirement that applicant connect the roadway serving his proposed development to an existing stub road, including the construction of approximately fifty feet of off-site roadway, extension of public utilities, and a creek culvert, as a condition to develop …
Advisory Opinion 220
Download PDF version Parties: Jenna Madsen and Stuart Young / Lehi City Issued: March 31, 2020Topic Categories: Conditional Use Applications Interpretation of Ordinances The City wrongfully denied the applicants’ conditional use application to operate a bed and breakfast out of the basement of their home. The City’s Planning Commission, after public comment consisting of significant neighborhood opposition, denied the …
