Download PDF version Parties: Magna Investments & Development, LTD Issued: December 28, 2023 Topic Categories: Interpretation of Ordinances In summary, the components of the proposed development satisfy all three applicable aspects of the “mixed-use development” use definition. The Project includes (1) residential and one other use, and the (2) uses are integrated (3) in a way that promotes walkability and …
Advisory Opinion 281
Download PDF version Parties: David Hansen Issued: November 30, 2023 Topic Categories: TOPIC CATEGORIES: Compliance with Mandatory Land Use Ordinances Interpretation of Ordinances The city may lawfully restrict residential development on a lot designated on the subdivision plat as “open space” and dedicated to the public. Furthermore, the lot is zoned PF – Public Facilities which prohibits residential development which …
Advisory Opinion 280
Download PDF version Parties: Ryan Leick; Greater Salt Lake Municipal Services District Issued: December 28, 2023 Topic Categories: Compliance with Land use Regulations Interpretation of Ordinances The local land use approval process is not the proper forum for resolving title disputes. However, Emigration Canyon’s ordinances make certain slope regulation waivers available to “lots of record,” which, as defined, requires frontage …
Advisory Opinion 279
Download PDF version Parties: 1115 Aerie, LLC Issued: November 16, 2023 Topic Categories: Application Review Fees Compliance With Land Use Regulations The City’s denial of a conditional use permit for approval of an existing unpermitted private recreational sports court was wrongful as the City erred in (1) misinterpreting the subdivision plat as prohibiting further development of the lot, and (2) …
Advisory Opinion 278
Download PDF version Parties: Shawn Cronquist; Cache County Issued: November 7, 2023 Topic Categories: Compliance With Land Use Regulations Interpretation of Ordinances A property owner’s removal of large quantities of gravel, rock, and other non-soil materials to be sold through a landscaping company was not legally permissible in the applicable agricultural zone, as such activity is considered mineral extraction, which …
Advisory Opinion 277
Download PDF version Parties: Tooele County School District Issued: October 16, 2023 Topic Categories: Application Review Fees Compliance With Land Use Regulations A city’s ability to otherwise require public agencies to pay a fee for a development service that the public agency does not itself provide is not applicable in the context of school districts, because state statute provides that …
Advisory Opinion 276
Download PDF version Parties: Colts Neck Investments; Lindon City Issued: September 27, 2023 Topic Categories: Compliance with Mandatory Land Use Ordinances Interpretation of Ordinances The plain language of City Code requires that a visual buffer be installed along the northern, public street-facing side of a commercial property intended for use as a storage lot for an adjacent business. However, application …
Advisory Opinion 275
Download PDF version Parties: Aaron Thompson; San Juan County Issued: September 27, 2023 Topic Categories: Interpretation of Ordinances Local governments may regulate the short-term rental of residential structures, but whereas state law requires local governments to apply the plain language of land use regulations, if short-term rental restrictions are not plainly stated, the land use authority must interpret and apply …
Advisory Opinion 274
Download PDF version Parties: Park City School District; Summit County Issued: August 2, 2023 Topic Categories: Compliance with Mandatory Land Use Ordinances Interpretation of Ordinances This Advisory Opinion answers whether a county may lawfully require a school district to comply with generally applicable land use ordinances. The example development included a requirement to secure a Conditional Use Permit as well …
