Download PDF version Parties: Jordan School District and City of West Jordan Issued: March 1, 2007Topic Categories: Exactions on Development Application Review Fees The City can require a school district to connect to the City’s water utility for a new school site, as long as the charges are reasonable. The City cannot require the District to connect to the …
Advisory Opinion 11
Download PDF version Parties: Michael Pierce, Utah Valley Real Estate, LLC and Pleasant Grove City Issued: March 1, 2007Topic Categories: Exactions on Development The applicant has no duty to provide land to extend a street through its subdivision. The City could impose a condition upon approval of the subdivision which would require the applicant to demonstrate that it has …
Advisory Opinion 10
Download PDF version Parties: Shawn Warnke, Grand County Administrator and Grand County Issued: February 7, 2007Topic Categories: Exactions on Development Requirements Imposed On Development It is reasonable to interpret the County’s Ordinance as requiring improvement to existing roads, if they related to a new development. Since the improvements are to an existing road that directly serves the new lots …
Advisory Opinion 9
Download PDF version Parties: James Bean and Salt Lake City Issued: December 16, 2006Topic Categories: Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances The City’s required setbacks were defined precisely, and the City had no discretion to approve a structure that did not comply with the setbacks. The Property Owner could rely upon the representations made by the …
Advisory Opinion 8
Download PDF version Parties: Kim C. Datwyler, Neighborhood Nonprofit Housing Corporation and Smithfield City Issued: September 7, 2006Topic Categories: Exactions on Development Entitlement to Application Approval (Vested Rights) Compelling, Countervailing Public Interests Dedication of property for a park must satisfy “rough proportionality” analysis. Since the application appeared to satisfy the City’s ordinances, requiring additional access to the City’s road …
Advisory Opinion 7
Download PDF version Parties: Nathan Zollinger and Nibley City Issued: September 6, 2006Topic Categories: Exactions on Development Interpretation of Ordinances A local government may require connection to a sewer system, but only if the property is no more than 300 feet from the nearest sewer line. A ban on septic systems should not operate as a “back-door” approach to …
Advisory Opinion 6
Download PDF version Parties: Boyd Brown and West Valley City Issued: September 5, 2006Topic Categories: Review Within a Reasonable Time Temporary Land Use Ordinances The Land Use, Development, and Management Act authorizes local governments to adopt temporary land use ordinances. During the effective dates of the temporary ordinance, property owners are subject to the regulation in the same manner …
Advisory Opinion 5
Download PDF version Parties: Deep Water Distribution Company and Wasatch County Issued: August 14, 2006Topic Categories: Conditional Uses Appealing Land Use Decisions A conditional use permit shall be approved if conditions mitigate the detrimental effects of the proposed use. The burden is on the local government to show that the detrimental effects cannot be mitigated by reasonable conditions. Since …
Advisory Opinion 4
Download PDF version Parties: Dan Christensen and Sandy City Issued: August 8, 2006Topic Categories: Conditional Uses Appealing Land Use Decisions A conditional use permit may only be denied if the municipality finds that the proposed use has detrimental effects that cannot be mitigated with reasonable conditions. Appeals from land use decisions must exhaust administrative remedies and follow procedures established …
