Download PDF version Parties: South Valley Large Animal Clinic, Saratoga Springs Issued: March 9, 2021Topic Categories: Exactions on Development An ordinance mandating that a property owner bury all powerlines in order to obtain a building permit serves a legitimate public purpose and is an enforceable land use regulation. However, this requirement is also an exaction and must satisfy the …
Advisory Opinion 236
Download PDF version Parties: Town of Leeds / Lynn Potter Issued: February 11, 2021Topic Categories: Compliance with Land Use Ordinances Interpretation of Ordinances Entitlement to Approval (Vested Rights) Proceeding with Reasonable Diligence The Town’s Hillside Protection Overlay Zone contains an exception to its applicability for “developments or subdivisions” approved before 1999. The Town’s official minutes from that time period …
Advisory Opinion 235
Download PDF version Parties: Jane M. Loftus / Provo City Issued: December 30, 2020Topic Categories: Compliance with Land Use Ordinances Interpretation of Ordinances Where an overlay zone is applied to a base zoning district, the plain language of the respective zoning provisions must be read and interpreted together, in light of the purpose the combined regulatory scheme is meant …
Advisory Opinion 234
Download PDF version Parties: Sam Lapray; Trenton Town Issued: December 3, 2020Topic Categories: Entitlement to Application Approval (Vested Rights) Subdivision Plat Approval Temporary Land Use Ordinances Utah law provides that a land use application is complete and entitled to review by the land use authority when the applicant has submitted an application “in a form that complies with the …
Advisory Opinion 233
Download PDF version Parties: Parker Haviland; Trenton Town Issued: December 3, 2020Topic Categories: Entitlement to Application Approval (Vested Rights) Subdivision Plat Approval Temporary Land Use Ordinances Utah law provides that a land use application is complete and entitled to review by the land use authority when the applicant has submitted an application “in a form that complies with the …
Advisory Opinion 232
Download PDF version Parties: Oscar Bluth / Summit County Issued: November 12, 2020Topic Categories: Interpretation of Ordinances Requirements Imposed on Development A county land use authority shall apply the plain language of land use regulations. If a land use regulation does not plainly restrict a land use application, the land use authority shall interpret and apply the land use …
Advisory Opinion 231
Download PDF version Parties: Peterson House LLC / Morgan County Issued: October 30, 2020Topic Categories: Compliance With Land Use Ordinances Interpretation of Ordinances Requirements Imposed on Development Counties may withhold occupancy for an applicant’s failure to meet conditions stated in state law, local code, or subdivision approval that are essential for the public health, public safety, and general welfare …
Advisory Opinion 230
Download PDF version Parties: Coalville for Responsible Growth, and Neighbors / Coalville City Issued: October 27, 2020Topic Categories: Compliance With Land Use Ordinances Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances The City’s regulatory scheme for a Master Planned Development (MPD) supplements the provisions of the zoning district in which the MPD is located, and expressly allows certain …
Advisory Opinion 229
Download PDF version Parties: Matthew V. Hess, Mussentuchit Holdings, LLC; Lehi City Issued: September 1, 2020Topic Categories: Exactions on Development Government-mandated contributions of property as a condition of development approval are exactions. To be legal, an exaction must provide a solution to a problem that particular development creates, and must be roughly proportionate to the actual impact of the …
