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 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 …

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 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 …