Download PDF version Parties: Clark Van Buren / Hooper City Issued: April 9, 2020Topic Categories: Compliance with Land Use Ordinances Interpretation of Ordinances The City Code contains a requirement that restricts total coverage of all impervious surfaces on a lot in the R2 Medium Density Residential Zone. Accordingly, the City may enforce this requirement on the applicant’s lot located …
Advisory Opinion 218
Download PDF version Parties: Tony Tippetts / Millcreek City Issued: March 3, 2020Topic Categories: Compliance with Land Use Ordinances Interpretation of Ordinances Design standards, when they could be interpreted to conflict with express substantive code requirements, should be interpreted as purpose language. The City was incorrect in interpreting the design standard requiring subdivisions to be designed according to the …
Advisory Opinion 217
Download PDF version Parties: Stockton Town; Kilgore Companies Issued: February 24, 2020Topic Categories: Compliance with Land Use Ordinances Nonconforming Uses & Structures The property owner typically has the burden of establishing the legal existence of a nonconforming use. To establish a legal nonconforming use, the property owner must establish that the use (1) was legal when it began, (2) …
Advisory Opinion 216
Download PDF version Parties: Michael Halls; Kaysville City Issued: October 11, 2019Topic Categories: Compliance with Land Use Ordinances Interpretation of Ordinances Subdivision Plat Approval Projects within the city’s Planned Residential Unit Development Overlay Zone may be developed at higher densities than allowed in the underlying zone, as long as a measured amount of common open space is provided. A …
Advisory Opinion 215
Download PDF version Parties: Aaron Langston on behalf of Utah School and Institutional Trust Lands Administration (SITLA); Washington City Issued: September 11, 2019Topic Categories: Interpretation of Ordinances A city may require short-term rental communities to maintain a single property management overseer which lives on-site for projects with more than forty units. However, the city may not extend enforcement of …
Advisory Opinion 214
Download PDF version Parties: R. Paul Evans; City of Provo Issued: August 6, 2019Topic Categories: Interpretation of Ordinances Appealing Land Use Decisions Mr. Evans lacks legal standing to raise this claim, and likewise is not the property party to request an Advisory Opinion from this office. Mr. Evans has not alleged a legally cognizable, distinct, and palpable injury that …
Advisory Opinion 213
Download PDF version Parties: Bonnie Timmerman, Virgin Town Issued: July 30, 2019Topic Categories: Conditional Use Applications The Town approved the applicant’s conditional use permit to operate an RV park and campground in reliance on a zoning designation enacted by Town Ordinance 2018-9. As a result of a referendum vote, that ordinance was passed contrary to another town ordinance, and …
Advisory Opinion 212
Download PDF version Parties: Village Development Group / Silver Creek Village; Summit County Issued: June 21, 2019Topic Categories: Compliance With Land Use Ordinances Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances The principles of ordinance interpretation mandate that all relevant provisions be given weight and meaning. Also, relevant provisions should be read in harmony if possible. Both parties …
Advisory Opinion 211
Download PDF version Parties: Ida Marie Ruch on behalf of homeowners within the Eagle Valley Ranches neighborhood; Iron County Issued: June 18, 2019Topic Categories: Interpretation of Ordinances Counties have no legal obligation to maintain Class D roads, even where residents dedicated the roadways to the County in response to the County or School District’s request. Counties must apply and …
