Download PDF version Parties: Housel Family; City of Francis Issued: February 28, 2019Topic Categories: Compliance with Land Use Ordinances Conditional Use Applications Interpretation of Ordinances Requirements Imposed On Development Francis City ordinance requires landowners to “minimize” the effects of lighting spillage onto neighboring properties and to “prevent” exposure of light sources to the view of residents. It appears that …
Advisory Opinion 205
Download PDF version Parties: Devin & Kayley McCabe; Paradise City Issued: December 12, 2018Topic Categories: Compliance with Land Use Ordinances Exactions on Development The Town waived requirements it would normally impose at the time of subdivision, expressly agreeing with the developer instead to impose them at the issuance of building permits. Thus, the Town may withhold building permits until …
Advisory Opinion 189
Download PDF version Parties: Home Builders Association of Utah, Elk Ridge City Issued: July 27, 2017Topic Categories: Compliance with Land Use Ordinances The Utah amendments to the International Fire Code, Utah Code § 15A-5-203(1)(a), prohibit a local government from requiring fire sprinklers in all residential structures, except in certain specific circumstances. Thus the City ordinance requiring fire sprinklers in …
Advisory Opinion 171
Download PDF version Parties: John Davis Issued: August 17, 2016Topic Categories: Compliance with Land Use Ordinances Utah law requires strict compliance with notice ordinances. The failure to strictly comply with notice requirements renders the action taken void. Accordingly, since Salt Lake City held a statutorily required public hearing in violation of the City’s 45 day notice ordinance, a final …
Advisory Opinion 159
Download PDF version Parties: Heidi and Roger Eggett, Morgan County Issued: July 7, 2015Topic Categories: Compliance With Land Use Ordinances Conditional Uses Nonconforming Uses & Structures Local governments are bound to comply with the terms of their zoning ordinances. To be eligible for nonconforming use status, a use must have been “legally established” under former zoning ordinances before those …
Advisory Opinion 158
Download PDF version Parties: Steve Glezos, Salt Lake County, and the Unified Fire Authority Issued: June 2, 2015Topic Categories: Compliance With Land Use Ordinances Requirements Imposed on Development A public agency is not obligated to transfer a portion of its property to another public entity for a public use, simply because it is a public agency. It may choose …
Advisory Opinion 145
Download PDF version Parties: Randy Sauer and Morgan County Issued: October 1, 2014Topic Categories: Conditional Use Applications Compliance with Land Use Ordinances The Morgan County Code properly requires a conditional use permit when a grading or excavation project exceeds certain specified limits. Conditions imposed by a conditional use permit must comply with applicable standards set forth in the County …
Advisory Opinion 142
Download PDF version Parties: Bob Mason and Centerville City Issued: July 16, 2014Topic Categories: Compliance With Land Use Ordinances Requirements Imposed on Development The prior approval granted by the City did not specifically include approval for storage on the property. The site plan considered by the City’s Planning Commission was for a building expansion. Although storage on other areas …
Advisory Opinion 140
Download PDF version This Advisory Opinion reconsiders Advisory Opinion 123 and supersedes it in part as set forth in this Opinion. Parties: Central Bank and Saratoga Springs Issued: May 20, 2014 Reconsidered Opinion — Original Opinion #123, Issued on April 30, 2013Topic Categories: Compliance With Land Use Ordinances Nonconforming Uses and Structures A property owner must establish that a land …
