Download PDF version Parties: Mike & Laurie Jorgensen, Park City Issued: March 28, 2014Topic Categories: Conditional Use Applications Conditional uses are important components of land use regulation. Land use authorities have discretion over granting conditional uses, but that discretion must be exercised within the limits placed by local ordinances and state statutes. The Utah Code establishes four basic elements …
Advisory Opinion 128
Download PDF version Parties: Charles D. Crippen and North Ogden City Issued: July 31, 2013Topic Categories: Conditional Use Applications Interpretation of Ordinances Appealing Land Use Decisions When no party appeals the final decision of the appeal authority to uphold the issuance of a conditional use permit to the district court within 30 days, a party may no longer challenge …
Advisory Opinion 124
Download PDF version Parties: Randy Hughes, The Gun Vault, LLC and South Jordan City Issued: April 30, 2013Topic Categories: Conditional Use Applications Interpretation of Ordinances A city must issue a conditional use permit (“CUP”) for an allowed conditional use when a project’s anticipated detrimental effects can be mitigated in accordance with standards set forth in the city’s ordinances. A …
Advisory Opinion 117
Download PDF version Parties: Cottonwood Partners and City of Cottonwood Heights Issued: October 15, 2012Topic Categories: Conditional Use Applications Interpretation of Ordinances As long as the approval process follows required procedures, a local government’s choice of conditions imposed when a conditional use permit is approved is within the government’s discretion. A local government’s interpretation of its own ordinances is …
Advisory Opinion 116
Download PDF version Parties: Red Hawk Wildlife Preserve Foundation and Summit County Issued: September 20, 2012Topic Categories: Conditional Use Applications Interpretation of Ordinances A local government may impose “threshold” requirements that must be met before a use can be considered as a conditional use. These requirements are no different than minimum requirements for other permitted uses. If the minimum …
Advisory Opinion 115
Download PDF version Parties: Garyn Perrett and Wellsville City Issued: August 28, 2012Topic Categories: Conditional Use Applications Interpretation of Ordinances An ordinance should be interpreted to give effect to its intent, as evidenced by its plain language. Discretion allowed to a local government to interpret and apply its own ordinances cannot extend to the point where the ordinance’s language …
Advisory Opinion 95
Download PDF version Parties: Lisa and Brad Wilson and Park City Issued: January 31, 2011Topic Categories: Conditional Uses A conditional use permit was properly granted, because it was not shown that the amount of open space was miscalculated.DISCLAIMER The Office of the Property Rights Ombudsman makes every effort to ensure that the legal analysis of each Advisory Opinion is …
Advisory Opinion 92
Download PDF version Parties: Norman Schmehl for Susan Schmehl Family Protection Trust & Jill Olsen Taylor Trust and City of North Ogden and Weber-Box Elder Conservancy District Issued: October 6, 2010Topic Categories: Conditional Uses Since the City has deemed short-term rentals a conditional use within the zone, it has determined that short-term rentals are a desirable use, and the …
Advisory Opinion 81
Download PDF version Parties: Kim C. Datwyler, Neighborhood Nonprofit Housing Corporation and City of Corrine Issued: January 14, 2010Topic Categories: Conditional Uses Appealing Land Use Decisions Any affected party may challenge an action to approve or deny a conditional use permit. A person who can show that the proposed permit may lead to an actual or potential injury has …
