Download PDF version Parties: Troy Belnap / Cedar Hills Issued: May 11, 2022 Topic Categories: Compliance with Land Use Ordinances Interpretation of Ordinances Requirements Imposed on Development Cedar Hills may not lawfully require the property owner to secure an easement agreement as a condition of receiving a building permit for a fence and a retaining wall because their ordinances …
Advisory Opinion 254
Download PDF version Parties: Ivins City Issued: April 13, 2022 Topic Categories: Entitlement to Application Approval (Vested Rights) Subdivision Plat Approval Vested rights apply to regulations applicable to a land use application or to the information shown on the submitted application. A subdivision approval creates developable lots. Typically, and assuming there isn’t a binding development agreement detailing otherwise, particular …
Advisory Opinion 253
Download PDF version Parties: Highland City / Steve & Travis Maddox Issued: April 6, 2022Topic Categories: Exactions on Development A city may only require a property owner to offset impacts of development proposed in a land use application. It may not address impacts of future development a property owner has yet to propose. In this case, the Maddoxes have …
Advisory Opinion 252
Download PDF version Parties: Kim Haslem / Uintah County Issued: March 29, 2022Topic Categories: Conditional Use Applications Interpretation of Ordinances Requirements imposed upon development A County’s Planning Commission may lawfully amend rather than revoke a Conditional Use Permit for a cement batch plant even where there are three documented violations of operations outside current Conditional Use Permit parameters. A …
Advisory Opinion 251
Download PDF version Parties: Oscar Bluth / Swiss Alpine Water Company Issued: January 20, 2022 Topic Categories: Impact Fees Act Review Within a Reasonable Time Private water companies providing water services necessary for land development as the only realistic source of water for its members are subject to certain provisions of the County Land Use Development and Management Act …
Advisory Opinion 250
Download PDF version Parties: Scott Bracken, Weber County Issued: January 20, 2022 Topic Categories: Compliance with Land Use Ordinances Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances Requirements Imposed on Development The 75-foot building setback required by the Weber County stream corridor ordinance applies to naturally occurring, year-round streams. The watercourse running along the rear property line of …
Advisory Opinion 249
Download PDF version Parties: Auburn Hills, LLC and Hyrum City Issued: January 11, 2022Topic Categories: Exactions on Development If a phase of development is applied for and approved independent of prior subdivision applications, and absent any explicit agreement otherwise, the relevant impact to be offset by exaction is the immediate proposal presented in the land use application, without regard to …
Advisory Opinion 248
Download PDF version Parties: Union Block, LLC and Brigham City Issued: December 27, 2021Topic Categories: Compliance with Land Use Ordinances Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances Requirements Imposed on Development Cities have the authority and obligation to enforce the state fire code and rules of the state fire marshal within the boundaries of the city. Accordingly, the …
Advisory Opinion 247
Download PDF version Parties: Spring Creek Cove Development Corp, Murray City Issued: December 2, 2021Topic Categories: Exactions on Development Requirements Imposed on Development Subdivision Plat Approval The city’s requirement that irrigation canals be piped within new residential subdivisions is lawful, even where the developer must enter an agreement it finds “outrageous and illegal” to secure permission to enclose them. Cities …
