Advisory Opinion 281

Download PDF version (opens in a new tab)Parties: David Hansen Issued: November 30, 2023  Topic Categories: TOPIC CATEGORIES: Compliance with Mandatory Land Use Ordinances Interpretation of Ordinances  The city may lawfully restrict residential development on a lot designated on the subdivision plat as “open space” and dedicated to the public. Furthermore, the lot is zoned PF – Public Facilities which …

Advisory Opinion 276

Download PDF version (opens in a new tab)Parties: Colts Neck Investments; Lindon City Issued: September 27, 2023  Topic Categories: Compliance with Mandatory Land Use Ordinances Interpretation of Ordinances The plain language of City Code requires that a visual buffer be installed along the northern, public street-facing side of a commercial property intended for use as a storage lot for an …

Advisory Opinion 274

Download PDF version (opens in a new tab)Parties: Park City School District; Summit County Issued: August 2, 2023  Topic Categories: Compliance with Mandatory Land Use Ordinances Interpretation of Ordinances This Advisory Opinion answers whether a county may lawfully require a school district to comply with generally applicable land use ordinances. The example development included a requirement to secure a Conditional …

Advisory Opinion 240

Download PDF version (opens in a new tab)Parties: Joseph White, Iron Wood Real Estate, LLC; Tooele County Issued: June 10, 2021Topic Categories: Compliance with Mandatory Land Use Ordinances Interpretation of Ordinances   The third-party appeals of the PUD concept plan approvals by the County planning commission are without merit. Furthermore, the County’s failure to require a pre-application conference or review …

Advisory Opinion 208

Download PDF version (opens in a new tab)Parties: Kelly Hughes Construction, LLC; West Point City Issued:  February 22, 2019Topic Categories: Compliance with Mandatory Land Use Ordinances Interpretation of Ordinances   Under the plain language of the applicable code provisions, the City must review the applicant’s proposed planned development as a conditional use in the R-1 Zone. Moreover, the code allows …

Advisory Opinion 195

Download PDF version (opens in a new tab)Parties: Melanie Grant; South Jordan City Issued: March 16, 2018Topic Categories: Entitlement to Application Approval Compliance with Mandatory Land Use Ordinances   This Office lacks authority to review approval of a permit once the period within which a third party may appeal the approval lapses. The City correctly approved the developer’s site plan …

Advisory Opinion 194

Download PDF version (opens in a new tab)Parties: Ross Ford, Utah Homebuilders Association; Summit County Issued: February 22, 2018Topic Categories: Requirements Imposed Upon Development Compliance with Mandatory Land Use Ordinances   Local governments possess broad authority to regulate the use of land and buildings within their boundaries. This authority is limited by State law. Since State law does not expressly …

Advisory Opinion 193

Download PDF version (opens in a new tab)Parties: Carol Abbott; Sevier County Issued: January 25, 2018Topic Categories: Requirements Imposed Upon Development Compliance with Mandatory Land Use Ordinances   Counties possess broad authority to regulate and permit subdivision of land in unincorporated areas within its borders. If a property owner desires to subdivide land to create new building lots, she must …

Advisory Opinion 185

Download PDF version (opens in a new tab)Parties: Residents of Country Way Estates, Washington City Issued:  May 16, 2017Topic Categories: Compliance with Mandatory Land Use Ordinances   The City possesses broad authority and discretion to regulate and control public streets for the benefit of the public. While the City has no legal obligation to limit commercial traffic on Country Way …