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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 271
Download PDF version (opens in a new tab)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 …
Advisory Opinion 263
Download PDF version (opens in a new tab)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 …
Advisory Opinion 252
Download PDF version (opens in a new tab)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 …
Advisory Opinion 246
Download PDF version (opens in a new tab)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 …
Advisory Opinion 222
Download PDF version (opens in a new tab)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 …
Advisory Opinion 220
Download PDF version (opens in a new tab)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 …
Advisory Opinion 213
Download PDF version (opens in a new tab)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 …