Download PDF version Parties: Housel Family; City of Francis Issued: February 28, 2019Topic Categories: Compliance with Land Use Ordinances Conditional Use Applications Interpretation of Ordinances Requirements Imposed On Development Francis City ordinance requires landowners to “minimize” the effects of lighting spillage onto neighboring properties and to “prevent” exposure of light sources to the view of residents. It appears that …
Advisory Opinion 196
Download PDF version Parties: Russell & Maraly Frandsen; Provo City Issued: May 25, 2018Topic Categories: Conditional Use Applications Entitlement to Application Approval The City improperly denied the applicants’ conditional use permit. The City Code allows a residence to concurrently operate both a legal accessory apartment and a Family Group Day Care, in accordance with applicable standards and requirements. The …
Advisory Opinion 192
Parties: Cedar Hills Farm Land, LLC; Cedar Hills City Issued: December 28, 2017 Topic Categories: Conditional Use Applications Entitlement to Application Approval By law, conditions imposed upon a conditional use permit must accord with applicable standards adopted by ordinance. Accordingly, the City may only impose conditions on the applicant’s development proposal to the extent that the conditions mitigate the use’s …
Advisory Opinion 191
(Addendum follows) Download PDF version Parties: Reeves’ Riverton Ranch, LLC; Riverton City Issued: September 19, 2017Topic Categories: Conditional Use Applications Entitlement to Application Approval By law, conditions imposed upon a conditional use permit must accord with applicable standards adopted by ordinance. The City’s only valid standard vaguely references preserving the health, safety, and general welfare. Accordingly, the City may …
Advisory Opinion 176
Download PDF version Parties: Scott Hunter, Tooele County Issued: November 29, 2016Topic Categories: Conditional Use Application Nonconforming Uses Interpretation of Ordinances The 1996 conditional use permit did not expire on its own terms, because the expiration condition was never expressed in the permit approval. Likewise, the 1996 conditional use permit did not expire by the terms of the Tooele …
Advisory Opinion 164
Download PDF version Parties: Pleasant View City, Horizon Development & Management, LLC Issued: October 26, 2015Topic Categories: Conditional Uses Entitlement to Application Approval Compliance with Mandatory Land Use Ordinances Interpretation of Ordinances Courts follow established rules of statutory construction when determining the correct interpretation of a municipality’s land use ordinance. The plain language of the ordinance in question indicates …
Advisory Opinion 159
Download PDF version Parties: Heidi and Roger Eggett, Morgan County Issued: July 7, 2015Topic Categories: Compliance With Land Use Ordinances Conditional Uses Nonconforming Uses & Structures Local governments are bound to comply with the terms of their zoning ordinances. To be eligible for nonconforming use status, a use must have been “legally established” under former zoning ordinances before those …
Advisory Opinion 146
Download PDF version Parties: Cleon Butterfield and Weber County Issued: October 31, 2014Topic Categories: Conditional Uses A local government has discretion to approve a conditional use permit if it determines that the detrimental impacts associated with the specific use have been mitigated by reasonable conditions. It is not necessary that all impacts be substantially mitigated to the satisfaction of …
Advisory Opinion 145
Download PDF version Parties: Randy Sauer and Morgan County Issued: October 1, 2014Topic Categories: Conditional Use Applications Compliance with Land Use Ordinances The Morgan County Code properly requires a conditional use permit when a grading or excavation project exceeds certain specified limits. Conditions imposed by a conditional use permit must comply with applicable standards set forth in the County …
