Advisory Opinion 284

Download PDF version Parties: Preston Winkelman; Escalante Issued: January 25, 2024 …Topic Categories: Complete Land Use Application  Compliance with Land Use Regulations  Interpretation of Ordinances A City was procedurally correct in accepting an application as complete, but acted unlawfully in approving the application because it did not substantively comply with applicable regulations. The application for “Municipal Project Approval” was complete …

Advisory Opinion 259

Download PDF version Parties: Safe Harbor Storage LLC / Laketown Issued: August 31, 2022 …Topic Categories: Complete Land Use Application  Entitlement to Application Approval (Vested Rights)  Review for Application Completeness  Substantive Land Use Review  Temporary Land Use Ordinances The date at which a land use application is considered complete is important for purposes of vested rights. A municipality’s obligation to …

Advisory Opinion 210

Download PDF version Parties: Nilson Homes, Plain City Issued:  June 18, 2019Topic Categories: Complete Land Use Application Pending Ordinances   State law requires a local government to review an applicant’s land use application under the local ordinance in existence at the time the applicant submits a complete application, unless the local government can show that an exception to the rule …

Advisory Opinion 203

Download PDF version Parties: HF Holdings, Inc.; Castle Valley Issued:  November 8, 2018Topic Categories: Entitlement to Application Approval Complete Land Use Application Review for Application Completeness Substantive Review of Application . Utah law provides that an application is complete and entitled to subsequent, substantive review by the land use authority when the applicant has submitted an application “in a form …

Advisory Opinion 118

Download PDF version Parties: Travis Taylor and City of North Logan Issued: October 31, 2012Topic Categories: Entitlement to Application Approval (Vested Rights) Complete Land Use Application Compliance With Land Use Ordinances Interpretation of Ordinances   In the absence of specific zoning standards in the locality’s ordinance, the applicant’s development rights vested when the concept plan is approved. The application was …

Advisory Opinion 108

Download PDF version Parties: Bret Barry and Weber County Issued: November 8, 2011Topic Categories: Compliance With Land Use Ordinances Interpretation of Ordinances   The County’s Ordinances permit staff to act upon and grant requests for permitted uses. The Landowners’ meat cutting and packaging operation is not simply ancillary to an agricultural use. It is part of a larger hunting, cutting, …

Advisory Opinion 103

Download PDF version Parties: Sean Brown, Deepwater Distribution Co., Inc. and Wasatch County Issued: July 6, 2011Topic Categories: Complete Land Use Application Requirements Imposed On Development Application Review Fees   An application is not considered complete until all fees are paid, and all information needed to process the application is submitted. A local government may, by ordinance, require that some …

Advisory Opinion 88

Download PDF version Parties: Lawrence Meadows and Park City Issued: July 14, 2010, clarified September 22, 2010Topic Categories: Requirements Imposed On Development Interpretation of Ordinances   A local government has discretion to determine how and where new development connects to public utilities. Regulation by the Public Service Commission is not necessary to exercise eminent domain authority to acquire property for …

Advisory Opinion 43

Download PDF version Parties: Duane Johnson, D & D Concrete, Inc and Morgan County Issued: June 12, 2008Topic Categories: Entitlement to Application Approval (Vested Rights) Complete Land Use Application Requirements Imposed On Development   A land use applicant is entitled to approval if the application conforms to land use regulations in effect when a complete application is submitted. There was …