Download PDF version Parties: Peterson House LLC / Morgan County Issued: October 30, 2020Topic Categories: Compliance With Land Use Ordinances Interpretation of Ordinances Requirements Imposed on Development Counties may withhold occupancy for an applicant’s failure to meet conditions stated in state law, local code, or subdivision approval that are essential for the public health, public safety, and general welfare …
Advisory Opinion 230
Download PDF version Parties: Coalville for Responsible Growth, and Neighbors / Coalville City Issued: October 27, 2020Topic Categories: Compliance With Land Use Ordinances Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances The City’s regulatory scheme for a Master Planned Development (MPD) supplements the provisions of the zoning district in which the MPD is located, and expressly allows certain …
Advisory Opinion 223
Download PDF version Parties: Nic Porter and Logan City Issued: May 5, 2020Topic Categories: Compliance with Land Use Ordinances Interpretation of Ordinances Requirements Imposed on Development Subdivision Plat Approval The City may require plats for single-family residential subdivisions with forty-six lots to use the sixty-foot-wide Residential Street cross section rather than the twenty-foot-wide Private Street cross section as required …
Advisory Opinion 222
Download PDF version Parties: Joseph White / Tooele County Issued: April 30, 2020Topic Categories: Appealing Land Use Decisions Compliance with Land Use Ordinances Conditional Use Applications While the County may be in the process of amending its land use ordinance regarding Planned Unit Developments (PUDs)—for perceived deficiencies or otherwise—the existing scheme must still be applied to submitted applications, and …
Advisory Opinion 219
Download PDF version Parties: Clark Van Buren / Hooper City Issued: April 9, 2020Topic Categories: Compliance with Land Use Ordinances Interpretation of Ordinances The City Code contains a requirement that restricts total coverage of all impervious surfaces on a lot in the R2 Medium Density Residential Zone. Accordingly, the City may enforce this requirement on the applicant’s lot located …
Advisory Opinion 218
Download PDF version Parties: Tony Tippetts / Millcreek City Issued: March 3, 2020Topic Categories: Compliance with Land Use Ordinances Interpretation of Ordinances Design standards, when they could be interpreted to conflict with express substantive code requirements, should be interpreted as purpose language. The City was incorrect in interpreting the design standard requiring subdivisions to be designed according to the …
Advisory Opinion 217
Download PDF version Parties: Stockton Town; Kilgore Companies Issued: February 24, 2020Topic Categories: Compliance with Land Use Ordinances Nonconforming Uses & Structures The property owner typically has the burden of establishing the legal existence of a nonconforming use. To establish a legal nonconforming use, the property owner must establish that the use (1) was legal when it began, (2) …
Advisory Opinion 216
Download PDF version Parties: Michael Halls; Kaysville City Issued: October 11, 2019Topic Categories: Compliance with Land Use Ordinances Interpretation of Ordinances Subdivision Plat Approval Projects within the city’s Planned Residential Unit Development Overlay Zone may be developed at higher densities than allowed in the underlying zone, as long as a measured amount of common open space is provided. A …
Advisory Opinion 212
Download PDF version Parties: Village Development Group / Silver Creek Village; Summit County Issued: June 21, 2019Topic Categories: Compliance With Land Use Ordinances Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances The principles of ordinance interpretation mandate that all relevant provisions be given weight and meaning. Also, relevant provisions should be read in harmony if possible. Both parties …
