Download PDF version Parties: C.E. Butters and Harrisville City Issued: December 9, 2009Topic Categories: Nonconforming Uses and Noncomplying Structures Appealing Land Use Decisions A legislative body may modify site plans approved by a planning commission. A planning commission may not alter zoning ordinances. All property is subject to reasonable regulation, including nonconforming uses. Regulations which promote the public health …
Advisory Opinion 74
Download PDF version Parties: Howard Western and City of Delta Issued: September 3, 2009Topic Categories: Conditional Uses Appealing Land Uses Decisions Utah law requires that neighboring landowners file an administrative appeal of land use decisions within a limited time frame. Failure to file a local appeal is failure to exhaust administrative remedies, which deprives neighboring landowners of their right …
Advisory Opinion 62
Download PDF version Parties: Alliance Youth Services and City of Pleasant Grove Issued: February 11, 2009Topic Categories: Entitlement to Application Approval (Vested Rights) Compliance With Land Use Ordinances Interpretation of Ordinances Appealing Land Use Decisions An appeal authority has inherent power to fashion a remedy, including the power to remand a decision for new consideration. The City correctly interpreted …
Advisory Opinion 46
Download PDF version Parties: Garland Hirschi and Town of Rockville Issued: July 15, 2008Topic Categories: Nonconforming Uses & Structures Appealing Land Use Decisions The Property Owner cannot operate a gravel or rock quarry on the properties. Such a use is prohibited under the current zoning ordinance. The 1997 decision denying nonconforming use status must stand. The Property owner cannot …
Advisory Opinion 17
Download PDF version Parties: Uinta Academy, LC and Cache County Issued: June 28, 2007Topic Categories: Appealing Land Use Decisions Entitlement to Application Approval (Vested Rights) Substantive Land Use Review Temporary Land Use Ordinances County is not required to enact a temporary ordinance in order to deny Property Owner’s application. Since the County’s zoning ordinance prohibited the proposed use, it …
Advisory Opinion 5
Download PDF version Parties: Deep Water Distribution Company and Wasatch County Issued: August 14, 2006Topic Categories: Conditional Uses Appealing Land Use Decisions A conditional use permit shall be approved if conditions mitigate the detrimental effects of the proposed use. The burden is on the local government to show that the detrimental effects cannot be mitigated by reasonable conditions. Since …
Advisory Opinion 4
Download PDF version Parties: Dan Christensen and Sandy City Issued: August 8, 2006Topic Categories: Conditional Uses Appealing Land Use Decisions A conditional use permit may only be denied if the municipality finds that the proposed use has detrimental effects that cannot be mitigated with reasonable conditions. Appeals from land use decisions must exhaust administrative remedies and follow procedures established …
