Download PDF version Parties: Hamlet Homes and Draper City Issued: August 9, 2007Topic Categories: Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances A local government shall approve an application that complies with all of the locality’s requirements. An application should be processed and acted upon with reasonable diligence.DISCLAIMER The Office of the Property Rights Ombudsman makes every effort …
Advisory Opinion 19
Download PDF version Parties: Scott Webber & Patrick Hayes and City of Washington Terrace Issued: August 9, 2007Topic Categories: Entitlement to Application Approval (Vesting) Pending Ordinances Compliance with Mandatory Land Use Ordinances A city may deny a land use application if there is an ordinance change pending when the application is made. An ordinance is considered pending when a …
Advisory Opinion 22
Download PDF version Parties: John Diamond and the City of West Point Issued: October 8, 2007Topic Categories: Compliance With Land Use Ordinances Subdivision Plat Approval Cities are required to substantially comply with statutory annexation procedures. Although City ordinances regulate the placement of new feedlots near homes, they do not regulate the placement of new homes near feedlots. Past actions …
Advisory Opinion 18
Download PDF version Parties: Uintah County and Galway Group, LLC Issued: August 2, 2007Topic Categories: Exactions on Development A subdivision plat may be amended or vacated as provided in the Utah Code, even if property owners do not agree with the proposal. No person may be required to accept ownership of property, if the property is not wanted.DISCLAIMER The …
Advisory Opinion 17
Download PDF version Parties: Uinta Academy, LC and Cache County Issued: June 28, 2007Topic Categories: Appealing Land Use Decisions Entitlement to Application Approval (Vested Rights) Substantive Land Use Review Temporary Land Use Ordinances County is not required to enact a temporary ordinance in order to deny Property Owner’s application. Since the County’s zoning ordinance prohibited the proposed use, it …
Advisory Opinion 16
Download PDF version Parties: Cindy Cromer and Salt Lake City Issued: June 22, 2007Topic Categories: Compliance with Mandatory Provisions of Land Use Ordinances Nonconforming Uses and Noncomplying Structures The City did not correctly interpret its ordinance. Uses on noncomplying lots (other than single family dwellings) are prohibited unless side yard requirements are met. The City contention that the prohibition …
Advisory Opinion 15
Download PDF version Parties: Brian Hofheins and Wasatch County, and Wasatch County Special Service District #1 Issued: April 27, 2007Topic Categories: Exactions on Development A requirement that a developer dedicate water rights is an exaction. An exaction must satisfy rough proportionality analysis. There was no showing that the amount of water required is roughly proportionate to the impact of …
Advisory Opinion 14
Download PDF version Parties: Michael Moyal and MBI, LLC and Ogden City Issued: April 16, 2007Topic Categories: Entitlement to Application Approval (Vested Rights) Compliance with Mandatory Land Use Ordinances Temporary Land Use Ordinances Utah law requires the finding of a “compelling, countervailing public interest” to support the enactment of a temporary land use ordinance (or “moratorium”). The City’s findings …
Advisory Opinion 13
Download PDF version Parties: Pam Wixom and the City of West Haven Issued: March 15, 2007Topic Categories: Entitlement to Application Approval (Vested Rights) The decision to deny an application for a lot split was supported by substantial evidence in the record and was not arbitrary, capricious, or illegal.DISCLAIMER The Office of the Property Rights Ombudsman makes every effort to …
