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 …