Advisory Opinion 192

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Advisory Opinion 272

Download PDF version 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 conditional use permit in …

Advisory Opinion 271

Download PDF version Parties: Lauren Halcik; Summit County Issued: June 13, 2023 …Topic Categories: Appealing Land Use Decisions Conditional Use Applications Interpretation of Ordinances A conditional use proposal was not inconsistent with the stated purpose of the County’s development code because the proposed use was expressly anticipated by the list of conditional uses allowed in the zoning district, and the …

Advisory Opinion 263

Download PDF version Parties: Washington School House, LLC / Park City Issued: December 14, 2022 …Topic Categories: Conditional Use Applications  Interpretation of Ordinances  Nonconforming Uses & Structures  Substantive Land Use Review When an application proposes to change from a legal nonconforming use to some other defined land use, the government must review the proposal on its own merits for compliance …

Advisory Opinion 252

Download PDF version Parties: Kim Haslem / Uintah County Issued: March 29, 2022Topic Categories: Conditional Use Applications  Interpretation of Ordinances  Requirements imposed upon development … A County’s Planning Commission may lawfully amend rather than revoke a Conditional Use Permit for a cement batch plant even where there are three documented violations of operations outside current Conditional Use Permit parameters. A …

Advisory Opinion 246

Download PDF version Parties: Neighbors, Summit County Issued:  November 16, 2021Topic Categories: Appealing Land Use Decisions  Conditional Use Applications   Summit County Council had a legal obligation to approve a conditional use permit for a commercial horse boarding facility in the Rural Residential zone where the proposed building would be much larger than surrounding homes because they concluded that the …

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 220

Download PDF version Parties: Jenna Madsen and Stuart Young / Lehi City Issued: March 31, 2020Topic Categories: Conditional Use Applications  Interpretation of Ordinances   The City wrongfully denied the applicants’ conditional use application to operate a bed and breakfast out of the basement of their home. The City’s Planning Commission, after public comment consisting of significant neighborhood opposition, denied the …

Advisory Opinion 213

Download PDF version Parties: Bonnie Timmerman, Virgin Town Issued:  July 30, 2019Topic Categories: Conditional Use Applications   The Town approved the applicant’s conditional use permit to operate an RV park and campground in reliance on a zoning designation enacted by Town Ordinance 2018-9. As a result of a referendum vote, that ordinance was passed contrary to another town ordinance, and …