Download PDF version Parties: Ronald Perry and City of Ogden Issued: November 24, 2008Topic Categories: Nonconforming Uses & Structures Interpretation of Ordinances Phasing out, or amortizing, nonconforming uses is authorized by the Utah Code. A property owner is given a reasonable amount of time to recover an investment in a nonconforming use. An amortization period may be required by …
Advisory Opinion 56
Download PDF version Parties: Kevin Dudley (Parley Dudley) and City of Salem Issued: November 18, 2008Topic Categories: Entitlement to Application Approval (Vested Rights) An easement must either be in writing or evidenced by actual use. Without sufficient proof of an easement, it cannot be said that the Property Owner has access to a public road. Without access, the lot …
Advisory Opinion 55
Download PDF version Parties: Jim Shea and Wasatch County Issued: November 12, 2008Topic Categories: Exactions on Development Requirements Imposed On Development Compliance with the fire code was a requirement expressed in statute at the time the Property Owner applied for the building permit. Requiring installation of a fire suppression system is an exaction, which must satisfy rough proportionality analysis. …
Advisory Opinion 54
Download PDF version Parties: Gary McDougal and City of Eagle Mountain Issued: November 5, 2008Topic Categories: Entitlement to Application Approval (Vested Rights) Requirements Imposed On Development Interpretation of Ordinances Setback requirements are primarily imposed when construction begins, but a developer may rely upon existing setbacks when designing a subdivision plat. To the extent that existing setbacks were relied upon, …
Advisory Opinion 45
Download PDF version Parties: Mike Gabel and Summit County Issued: November 3, 2008Topic Categories: Entitlement to Application Approval (Vested Rights) Compelling, Countervailing Public Interests Interpretation of Ordinances A Developer may claim vested rights in the density, or number of units that can be built, but standards and conditions expressed elsewhere in zoning ordinances may affect the maximum allowable number …
Advisory Opinion 53
Download PDF version Parties: Tim & Nancy Kriser and City of Mapleton Issued: October 22, 2008Topic Categories: Exactions on Development Entitlement to Application Approval (Vested Rights) Proceeding With Reasonable Diligence Requirements Imposed On Development Subdivision Plat Approval A city ordinance which voided a subdivision plat for failure to record was valid. Local governments may require construction and dedication of …
Advisory Opinion 52
Download PDF version Parties: Kent Dunkley, Cache-Rich Association of Realtors and the City of Logan Issued: September 25, 2008Topic Categories: Nonconforming Uses & Structures Interpretation of Ordinances A local government does not forfeit the power to enforce an ordinance simply because it has not actively enforced it in the past. Even if a violation has been allowed for some …
Advisory Opinion 51
Download PDF version Parties: Jeff Glines and Cities of Washington and St. George Issued: September 25, 2008Topic Categories: Exactions on Development Requiring construction of a secondary access road is valid, even if the road is located in another jurisdiction. The requirement is an exaction, which much satisfy rough proportionality analysis. The cost of the road must be roughly equal …
Advisory Opinion 50
Download PDF version Parties: Blake Hazen and Perry City Issued: September 15, 2008Topic Categories: Requirements Imposed On Development Subdivision Plat Approval The Utah Code imposed an obligation on the City to ensure that the amended plat for Plat I was recorded. The property owner was materially injured by the amendment, which reduced the area of the commercial lot, and …
