Download PDF version Parties: Virgin Property Rights Coalition, LLC and Virgin Town Issued: December 13, 2024 Topic Categories: Entitlement to Application Approval (Vested Rights) Requirements Imposed on Development Lot owners vest in the zoning regulations governing short-term rentals that were in effect at the time the subdivision plat application was submitted. Utah law directly addresses this issue for the relevant …
Advisory Opinion 300
Download PDF version Parties: Edge Homes of Utah, LLC and Lehi City Issued: December 13, 2024 Topic Categories: Exactions on Development Compliance with Land Use Regulations Requirements Imposed On Development The city may lawfully require a developer to pay for publicly owned and managed fiber optic conduit as a condition of approval of a residential subdivision development where the …
Advisory Opinion 298
Download PDF version Parties: Worthington Ranch, LLC and Grantsville City Issued: November 14, 2024 Topic Categories: Application Review Fees Infrastructure improvement inspection fees may not exceed the reasonable cost of conducting the inspection and must be calculated in reference to studies, reports, or some other method, contained in a record, and for which an itemized fee statement can be provided …
Advisory Opinion 296
Download PDF version Parties: Neighborhood Nonprofit Housing Corporation and Perry City Issued: October 17, 2024, Amended January 10, 2025 Topic Categories: Entitlement to Application Approval (Vested Rights) Requirements Imposed on Development Compliance with Land Use Regulations, The approval process for a final plat is the one in place at the time of the review. The vesting laws which would …
Advisory Opinion 297
Download PDF version Parties: Peters Propane Service and Grand County Issued: October 17, 2024 Topic Categories: Interpretation of Ordinances The County’s land use table lists “fuel service” as a permitted use in the highway commercial zone but does not define that use. The code lists gasoline service stations and convenience stores as examples of fuel service, but also includes “other …
Advisory Opinion 295
Download PDF version Parties: Mountain Sunrise Academy and Saratoga Springs City Issued: October 1, 2024 Topic Categories: Exactions on Development Impact Fees Act Although schools enjoy certain benefits with regard to impact fees, the development activity of schools, like any development that has an impact on a community, must pay its own way. The Impact Fees Act does not exempt …
Advisory Opinion 294
Download PDF version Parties: Brian Buchanan / Hooper City Issued: September 26, 2024 Topic Categories: Compliance with Land Use Regulations Exactions on Development The City may require the Property Owner to install infrastructure improvements along the frontage of his building lot, and it may also require him to pay a fee in lieu that the City may use to construct …
Advisory Opinion 293
Download PDF version Parties: Scott Vranes and Cottonwood Heights Issued: August 23, 2024 Topic Categories: Interpretation of Ordinance Compliance with Land Use Regulations Entitlement to Application Approval Requirements Imposed on Development A reconstructed and enlarged backyard deck is an accessory structure for which the city code does not regulate a rear yard setback.DISCLAIMER The Office of the Property Rights Ombudsman …
Advisory Opinion 292
Download PDF version Parties: Jeffrey Kummer / Sevier County Issued: August 23, 2024 Topic Categories: Exactions on Development Requirements Imposed On Development Subdivision Plat Approval The County has not met its burden of establishing that a dirt road over private property is an existing County right-of-way that had been dedicated by public use. Therefore, because the County’s land use ordinances …
