Download PDF version Parties: Lawrence Meadows and Park City Issued: October 18, 2013Topic Categories: Appealing Land Use Decisions . A local government may designate different appeal authorities to hear different types of appeals, even if different aspects of the same land use application must be appealed to the different authorities. Dividing issues amongst appellate bodies does not violate the Utah …
Advisory Opinion 130
Download PDF version Parties: Harris J. Creveling and Park City Issued: September 27, 2013Topic Categories: Entitlement to Application Approval (Vested Rights) Appealing Land Use Decisions Vested rights arise only when an application conforms to local zoning ordinances. The Vested Rights Rule does not grant substantive rights to a property owner, and does not constitute “automatic” approval of an application. …
Advisory Opinion 128
Download PDF version Parties: Charles D. Crippen and North Ogden City Issued: July 31, 2013Topic Categories: Conditional Use Applications Interpretation of Ordinances Appealing Land Use Decisions When no party appeals the final decision of the appeal authority to uphold the issuance of a conditional use permit to the district court within 30 days, a party may no longer challenge …
Advisory Opinion 125
Download PDF version Parties: Howard and Betty Jo Western, SBA Communications Corporation and Delta City Issued: May 31, 2013Topic Categories: Compliance with Mandatory Land Use Ordinances Nonconforming Uses and Noncomplying Structures Appealing Land Use Decisions Federal law requires a city to approve an “eligible facilities request” to modify an existing wireless tower that does not “substantially change” the tower’s …
Advisory Opinion 107
Download PDF version Parties: United Park City Mines Company and Park City Issued: October 27, 2011Topic Categories: Entitlement to Application Approval (Vested Rights) Proceeding With Reasonable Diligence Appealing Land Use Decisions Given the policies underlying the land use process, a time limit for a developer to complete a required condition ought to be tolled during the pendency of an …
Advisory Opinion 105
Download PDF version Parties: Tom & Debbie Mertens and Salt Lake City Issued: August 23, 2011Topic Categories: Nonconforming Uses and Noncomplying Structures Interpretation of Ordinances Appealing Land Use Decisions The property owners cannot appeal an administrative decision after the 30-day appeal period has passed. The City cannot rely on earlier variance decisions to claim that nonconforming use status has …
Advisory Opinion 97
Download PDF version Parties: Christine Brown and Weber County Issued: March 14, 2011Topic Categories: Nonconforming Uses and Noncomplying Structures Appealing Land Use Decisions The time to appeal a land use decision begins to run from when a person has notice of the decision. If a person receives erroneous information that affects a decision to appeal, the time should run …
Advisory Opinion 85
Download PDF version Parties: Estate of JoAnne L. Shrontz and Town of Alta Issued: March 10, 2010Topic Categories: Compliance With Land Use Ordinances Interpretation of Ordinances Appealing Land Use Decisions The Town’s natural waterways determination is not arbitrary or capricious because it is supported by substantial evidence on the record. The decision is not illegal because the Town’s interpretation …
Advisory Opinion 81
Download PDF version Parties: Kim C. Datwyler, Neighborhood Nonprofit Housing Corporation and City of Corrine Issued: January 14, 2010Topic Categories: Conditional Uses Appealing Land Use Decisions Any affected party may challenge an action to approve or deny a conditional use permit. A person who can show that the proposed permit may lead to an actual or potential injury has …
