Advisory Opinion 272

Download PDF version (opens in a new tab)Parties: Jean Howard Chappell and Wayne County Issued: June 15, 2023  Topic Categories: Conditional Use Applications Compliance with Land Use Ordinances Interpretation of Ordinances   The town may lawfully withhold a building permit to rebuild a primary dwelling on a lot that includes an accessory dwelling unit until the property owners secure a …

Advisory Opinion 256

Download PDF version (opens in a new tab)Parties: Spencer Packer / Centerville Issued: May 11, 2022  Topic Categories: Compliance With Land Use Ordinances  Subdivision Plat Approval   The City appropriately approved a subdivision that was opposed by an adjoining landowner who claimed that certain easement interests he held in the subdivision property would be adversely affected by the proposed subdivision …

Advisory Opinion 255

Download PDF version (opens in a new tab)Parties: Troy Belnap / Cedar Hills Issued: May 11, 2022  Topic Categories: Compliance with Land Use Ordinances  Interpretation of Ordinances  Requirements Imposed on Development   Cedar Hills may not lawfully require the property owner to secure an easement agreement as a condition of receiving a building permit for a fence and a retaining …

Advisory Opinion 250

Download PDF version (opens in a new tab)Parties: Scott Bracken, Weber County Issued: January 20, 2022  Topic Categories: Compliance with Land Use Ordinances Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances Requirements Imposed on Development   The 75-foot building setback required by the Weber County stream corridor ordinance applies to naturally occurring, year-round streams. The watercourse running along the …

Advisory Opinion 248

Download PDF version (opens in a new tab)Parties: Union Block, LLC and Brigham City Issued: December 27, 2021Topic Categories: Compliance with Land Use Ordinances Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances Requirements Imposed on Development Cities have the authority and obligation to enforce the state fire code and rules of the state fire marshal within the boundaries of …

Advisory Opinion 244

Download PDF version (opens in a new tab)Parties: Fuja / Woodland Hills City Issued: October 14, 2021Topic Categories: Appealing Land Use Decisions  Compliance With Land Use Ordinances  Interpretation of Ordinances  Requirements Imposed on Development   Any alterations to construction approved in a building permit requires the applicant to submit amended plans for review. The proposed amendments must likewise comply with …

Advisory Opinion 239

Download PDF version (opens in a new tab)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 …

Advisory Opinion 236

Download PDF version (opens in a new tab)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 …

Advisory Opinion 235

Download PDF version (opens in a new tab)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 …