Download PDF version Parties: Harbut & Sawyer / Big Water Town Issued: May 5, 2021Topic Categories: Compelling, Countervailing Interests Compliance With Land Use Ordinances Interpretation of Ordinances The meaning of “subdivision” under Utah Code and local ordinance does not refer to any land division, but to the recorded division of land approved pursuant to a regulatory scheme. Big Water …
Advisory Opinion 78
Download PDF version Parties: Bob Martino and Salt Lake County Issued: November 24, 2009Topic Categories: Entitlement to Application Approval (Vested Rights) Compelling, Countervailing Public Interests Lot owners enjoy vested rights a “buildable pad” identified on each lot on the subdivision plat. Those vested rights cannot be impaired, unless there is a compelling, countervailing public interest. The County has a …
Advisory Opinion 65
Download PDF version Parties: Sevier Power Company, LLC and Sevier County Issued: March 26, 2009Topic Categories: Entitlement to Application Approval (Vested Rights) Compelling, Countervailing Public Interests Pending Ordinances An applicant is entitled to approval of a land use application if the application conforms to the requirements of the local government’s land use ordinances in effect when a complete application …
Advisory Opinion 45
Download PDF version Parties: Mike Gabel and Summit County Issued: November 3, 2008Topic Categories: Entitlement to Application Approval (Vested Rights) Compelling, Countervailing Public Interests Interpretation of Ordinances A Developer may claim vested rights in the density, or number of units that can be built, but standards and conditions expressed elsewhere in zoning ordinances may affect the maximum allowable number …
Advisory Opinion 44
Download PDF version Parties: Ryan Pool & Ron Smith and City of Draper Issued: June 26, 2008Topic Categories: Compelling, Countervailing Public Interests Requirements Imposed On Development A developer and a local government may enter a development agreement, but that agreement must comply with statutory and constitutional restrictions. A local government may not avoid constitutional limits on exactions through contract …
Advisory Opinion 37
Download PDF version Parties: David Mansell and City of Santa Clara Issued: April 8, 2008Topic Categories: Compelling, Countervailing Public Interests Requirements Imposed On Development The Developer met the requirements of the City’s code, by obtaining a geotechnical analysis by a qualified expert. The City’s concerns about soil stability were legitimate, but the expert report addressed those concerns and showed …
Advisory Opinion 28
Download PDF version Parties: North Salt Lake Heights, LLC and North Salt Lake City Issued: January 23, 2008Topic Categories: Entitlement to Application Approval (Vested Rights) Compelling, Countervailing Public Interests Approval of an application that would deleteriously impact an easement holder’s ability to enjoy the easement would be irresponsible. The City may condition approval on resolution of issues related to …
Advisory Opinion 21
Download PDF version Parties: Brian Pitts, Bowler Development, LC and Tooele County Issued: September 7, 2007Topic Categories: Entitlement to Application Approval (Vested Rights) Compelling, Countervailing Public Interests Review Within a Reasonable Time Requiring installation of sewer laterals is probably an unacceptable condition if there is no public sewer line. However, requiring “stub” connections for future use may be acceptable.DISCLAIMER …
Advisory Opinion 8
Download PDF version Parties: Kim C. Datwyler, Neighborhood Nonprofit Housing Corporation and Smithfield City Issued: September 7, 2006Topic Categories: Exactions on Development Entitlement to Application Approval (Vested Rights) Compelling, Countervailing Public Interests Dedication of property for a park must satisfy “rough proportionality” analysis. Since the application appeared to satisfy the City’s ordinances, requiring additional access to the City’s road …
