Advisory Opinion 74

Download PDF version Parties: Howard Western and City of Delta Issued:  September 3, 2009Topic Categories: Conditional Uses Appealing Land Uses Decisions   Utah law requires that neighboring landowners file an administrative appeal of land use decisions within a limited time frame. Failure to file a local appeal is failure to exhaust administrative remedies, which deprives neighboring landowners of their right …

Advisory Opinion 34

Download PDF version Parties: H. Blaine Walker and City of Cottonwood Heights Issued: March 25, 2008Topic Categories: Conditional Uses   According to Utah law, a conditional use permit may only be denied if it is shown that the detrimental effects of the use cannot be mitigated by imposing reasonable conditions. A local government must first identify the possible detrimental effects …

Advisory Opinion 25

Download PDF version Parties: David & Heidi Stapel and Cottonwood Heights Issued: November 29, 2007Topic Categories: Conditional Use Applications   A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonable anticipated detrimental effects of the proposed use in accordance with applicable standards.” Standards for conditional uses must be set forth in …

Advisory Opinion 5

Download PDF version Parties: Deep Water Distribution Company and Wasatch County Issued: August 14, 2006Topic Categories: Conditional Uses Appealing Land Use Decisions   A conditional use permit shall be approved if conditions mitigate the detrimental effects of the proposed use. The burden is on the local government to show that the detrimental effects cannot be mitigated by reasonable conditions. Since …

Advisory Opinion 4

Download PDF version Parties: Dan Christensen and Sandy City Issued: August 8, 2006Topic Categories: Conditional Uses Appealing Land Use Decisions   A conditional use permit may only be denied if the municipality finds that the proposed use has detrimental effects that cannot be mitigated with reasonable conditions. Appeals from land use decisions must exhaust administrative remedies and follow procedures established …