Advisory Opinion 288

Download PDF version (opens in a new tab)Parties: Wright Mind, LLC / Millcreek City Issued: June 27, 2024  Topic Categories: Compliance With Land Use Regulations  Entitlement to Application Approval (Vested Rights)  Subdivision Plat Approval Where a substandard property was created by deed without subdivision approval, the city’s recording of a notice of noncompliance on the property was an appropriate action …

Advisory Opinion 284

Download PDF version (opens in a new tab)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 …

Advisory Opinion 280

Download PDF version (opens in a new tab)Parties: Ryan Leick; Greater Salt Lake Municipal Services District Issued: December 28, 2023  Topic Categories: Compliance with Land use Regulations  Interpretation of Ordinances The local land use approval process is not the proper forum for resolving title disputes. However, Emigration Canyon’s ordinances make certain slope regulation waivers available to “lots of record,” which, …

Advisory Opinion 279

Download PDF version (opens in a new tab)Parties: 1115 Aerie, LLC Issued: November 16, 2023  Topic Categories: Application Review Fees  Compliance With Land Use Regulations The City’s denial of a conditional use permit for approval of an existing unpermitted private recreational sports court was wrongful as the City erred in (1) misinterpreting the subdivision plat as prohibiting further development of …

Advisory Opinion 278

Download PDF version (opens in a new tab)Parties: Shawn Cronquist; Cache County Issued: November 7, 2023  Topic Categories: Compliance With Land Use Regulations  Interpretation of Ordinances A property owner’s removal of large quantities of gravel, rock, and other non-soil materials to be sold through a landscaping company was not legally permissible in the applicable agricultural zone, as such activity is …

Advisory Opinion 277

Download PDF version (opens in a new tab)Parties: Tooele County School District Issued: October 16, 2023  Topic Categories: Application Review Fees  Compliance With Land Use Regulations A city’s ability to otherwise require public agencies to pay a fee for a development service that the public agency does not itself provide is not applicable in the context of school districts, because …

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 269

Download PDF version (opens in a new tab)Parties: Blaine K. Andersen; Hyrum City Issued: June 6, 2023  Topic Categories: TOPIC CATEGORIES: Compliance with Land Use Regulations Requirements Imposed on Development Subdivision Plat Approval State law requirements that cities provide notice of subdivision applications to certain nearby water conveyance facility owners to solicit feedback does not mandate that the subdivision approval …

Advisory Opinion 266

Download PDF version (opens in a new tab)Parties: Christensen Farms Lots LLC / Wasatch County Issued: March 24, 2023Topic Categories: Compliance with Land Use Regulations  Subdivision Plat Approval The county code’s requiring a development agreement for all “Large Scale” subdivisions did not violate state law’s prohibition on development agreements as the “only” option for development land within a county, because …