Advisory Opinion 254

Download PDF version Parties: Ivins City Issued: April 13, 2022 …Topic Categories: Entitlement to Application Approval (Vested Rights)  Subdivision Plat Approval … Vested rights apply to regulations applicable to a land use application or to the information shown on the submitted application. A subdivision approval creates developable lots. Typically, and assuming there isn’t a binding development agreement detailing otherwise, particular …

Advisory Opinion 250

Download PDF version Parties: Scott Bracken, Weber County Issued: January 20, 2022 …Topic Categories: Compliance with Land Use Ordinances Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances Requirements Imposed on Development … The 75-foot building setback required by the Weber County stream corridor ordinance applies to naturally occurring, year-round streams. The watercourse running along the rear property line of …

Advisory Opinion 248

Download PDF version Parties: Union Block, LLC and Brigham City Issued: December 27, 2021Topic Categories: Compliance with Land Use Ordinances Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances Requirements Imposed on Development Cities have the authority and obligation to enforce the state fire code and rules of the state fire marshal within the boundaries of the city. Accordingly, the …

Advisory Opinion 238

Download PDF version Parties: Snow Garden Apartments, LLC / Ephraim City Issued: April 16, 2021Topic Categories: Entitlement to Application Approval (Vested Rights)  Pending Ordinances  Temporary Land Use Ordinances   Property owners have a statutory vested right to land use approval at the time of application under ordinances then in effect unless the municipality has already formally initiated proceedings to amend …

Advisory Opinion 236

Download PDF version Parties: Town of Leeds / Lynn Potter Issued: February 11, 2021Topic Categories: Compliance with Land Use Ordinances Interpretation of Ordinances Entitlement to Approval (Vested Rights) Proceeding with Reasonable Diligence   The Town’s Hillside Protection Overlay Zone contains an exception to its applicability for “developments or subdivisions” approved before 1999. The Town’s official minutes from that time period …

Advisory Opinion 234

Download PDF version Parties: Sam Lapray; Trenton Town Issued:  December 3, 2020Topic Categories: Entitlement to Application Approval (Vested Rights) Subdivision Plat Approval Temporary Land Use Ordinances   Utah law provides that a land use application is complete and entitled to review by the land use authority when the applicant has submitted an application “in a form that complies with the …

Advisory Opinion 233

Download PDF version Parties: Parker Haviland; Trenton Town Issued:  December 3, 2020Topic Categories: Entitlement to Application Approval (Vested Rights) Subdivision Plat Approval Temporary Land Use Ordinances   Utah law provides that a land use application is complete and entitled to review by the land use authority when the applicant has submitted an application “in a form that complies with the …

Advisory Opinion 230

Download PDF version Parties: Coalville for Responsible Growth, and Neighbors / Coalville City Issued: October 27, 2020Topic Categories: Compliance With Land Use Ordinances  Entitlement to Application Approval (Vested Rights)  Interpretation of Ordinances   The City’s regulatory scheme for a Master Planned Development (MPD) supplements the provisions of the zoning district in which the MPD is located, and expressly allows certain …

Advisory Opinion 212

Download PDF version Parties: Village Development Group / Silver Creek Village; Summit County Issued:  June 21, 2019Topic Categories: Compliance With Land Use Ordinances Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances   The principles of ordinance interpretation mandate that all relevant provisions be given weight and meaning. Also, relevant provisions should be read in harmony if possible. Both parties …