Download PDF version Parties: Jerry Carroll / Spanish Fork City Issued: December 31, 2022 Topic Categories: Exactions on Development A city may not impose an exaction requiring a property owner to improve and dedicate private property for some future public use as a condition of development approval when such future use is not occasioned by the development sought to be …
Advisory Opinion 263
Download PDF version Parties: Washington School House, LLC / Park City Issued: December 14, 2022 Topic Categories: Conditional Use Applications Interpretation of Ordinances Nonconforming Uses & Structures Substantive Land Use Review When an application proposes to change from a legal nonconforming use to some other defined land use, the government must review the proposal on its own merits for compliance …
Advisory Opinion 262
Download PDF version Parties: Land Development Solutions, LLC / Apple Valley Issued: October 5, 2022 Topic Categories: Compliance With Land Use Regulations Proceeding with Reasonable Diligence Requirements Imposed On Development Subdivision Plat Approval A previous landowner’s subdivision approval made years prior that was left abandoned before completion and recording was no longer valid for purposes of Developer’s current attempt to …
Advisory Opinion 261
Download PDF version Parties: Fox Hollow of Providence, Inc. / Providence City Issued: October 5, 2022 Topic Categories: Compliance With Land Use Regulations Development Bonds Interpretation of Ordinances Requirements Imposed On Development Subdivision Plat Approval Development agreements may not be mandated for all conventional subdivisions as the only option for developing property in the municipality. A plat approval was improperly …
Advisory Opinion 260
Download PDF version Parties: Kristopher Sorensen / City of Saratoga Springs Issued: October 5, 2022 Topic Categories: Exactions The City may require the dedication and improvement of the half-width of the local roadway adjacent to the property as a condition of issuing the building permit for a single-family residence on a large agricultural parcel but may not lawfully require …
Advisory Opinion 259
Download PDF version Parties: Safe Harbor Storage LLC / Laketown Issued: August 31, 2022 Topic Categories: Complete Land Use Application Entitlement to Application Approval (Vested Rights) Review for Application Completeness Substantive Land Use Review Temporary Land Use Ordinances The date at which a land use application is considered complete is important for purposes of vested rights. A municipality’s obligation to …
Advisory Opinion 258
Download PDF version Parties: Lorrie and Robert Morris / Washington County Issued: June 14, 2022 Topic Categories: Nonconforming Uses & Structures Interpretation of Ordinances Except where explicitly incorporated into applicable land use regulations, a failure to comply with other requirements unrelated to zoning, such as business license requirements, does not preclude the establishment of a legal nonconforming use. Similarly, …
Advisory Opinion 257
Download PDF version Parties: Steve Christensen / Washington County Issued: June 14, 2022 Topic Categories: Nonconforming Uses & Structures Interpretation of Ordinances Prior ordinances that do not plainly restrict a particular use, or are ambiguous, should be interpreted in favor of an asserted use for purposes of establishing a legal nonconforming right. Establishing a particular legal use of property …
Advisory Opinion 256
Download PDF version Parties: Spencer Packer / Centerville Issued: May 11, 2022 Topic Categories: Compliance With Land Use Ordinances Subdivision Plat Approval The City appropriately approved a subdivision that was opposed by an adjoining landowner who claimed that certain easement interests he held in the subdivision property would be adversely affected by the proposed subdivision development. The City’s authority …
