Download PDF version Parties: Bill Salter; Granite School District Issued: July 18, 2023 Topic Categories: Occupation or Use of Property The Ombudsman’s Office may provide an advisory opinion on the subject of inverse condemnation of private property by a government’s physical occupation. The first required element of any takings claim is the possession of a “protectible interest” in property. Where …
Advisory Opinion 272
Download PDF version Parties: Jean Howard Chappell and Wayne County Issued: June 15, 2023 Topic Categories: Conditional Use Applications Compliance with Land Use Ordinances Interpretation of Ordinances The town may lawfully withhold a building permit to rebuild a primary dwelling on a lot that includes an accessory dwelling unit until the property owners secure a conditional use permit in …
Advisory Opinion 271
Download PDF version Parties: Lauren Halcik; Summit County Issued: June 13, 2023 Topic Categories: Appealing Land Use Decisions Conditional Use Applications Interpretation of Ordinances A conditional use proposal was not inconsistent with the stated purpose of the County’s development code because the proposed use was expressly anticipated by the list of conditional uses allowed in the zoning district, and the …
Advisory Opinion 269
Download PDF version Parties: Blaine K. Andersen; Hyrum City Issued: June 6, 2023 Topic Categories: TOPIC CATEGORIES: Compliance with Land Use Regulations Requirements Imposed on Development Subdivision Plat Approval State law requirements that cities provide notice of subdivision applications to certain nearby water conveyance facility owners to solicit feedback does not mandate that the subdivision approval be conditioned according to …
Advisory Opinion 270
Download PDF version Parties: Yard AF, LLC; American Fork Issued: June 6, 2023 Topic Categories: Impact Fees The City may require an apartment developer to pay an additional nearly $150,000 in additional impact fees that were miscalculated by the city and originally paid over a year ago. The city ordinances require that correct impact fees “in effect” be collected and …
Advisory Opinion 268
Download PDF version Parties: Dan S. Hales; Box Elder County Issued: March 24, 2023 Topic Categories: Exactions The county may require that the half-width of an adjacent local road be dedicated and improved as a condition of development. Furthermore, this required half-width is appropriately measured from the centerline of the existing right-of-way unless the local ordinances or master plan clearly …
Advisory Opinion 267
Download PDF version Parties: Derek and Dana Andreason / Salina City Issued: April 20, 2023 Topic Categories: Interpretation of Ordinances Proceeding with Reasonable Diligence Requirements Imposed on Development The holder of an issued building permit constructed a residential fourplex building at the end of an existing dead-end street according to approved plans, but also built certain accessory structures in deviation …
Advisory Opinion 266
Download PDF version Parties: Christensen Farms Lots LLC / Wasatch County Issued: March 24, 2023Topic Categories: Compliance with Land Use Regulations Subdivision Plat Approval The county code’s requiring a development agreement for all “Large Scale” subdivisions did not violate state law’s prohibition on development agreements as the “only” option for development land within a county, because the applicant either has …
Advisory Opinion 265
Download PDF version Parties: WDG Washington, LLC & Millcreek Partners, LLC / Washington City and Washington County Water Conservancy District Issued: March 22, 2023 Topic Categories: Impact Fees Act We make the following conclusions on each of the eight questions raised: Habitat Conservation Impact Fee: Until and unless the City provides some sort of individualized determination that the impact fee …
