Download PDF version Parties: HF Holdings, Inc.; Castle Valley Issued: November 8, 2018Topic Categories: Entitlement to Application Approval Complete Land Use Application Review for Application Completeness Substantive Review of Application . Utah law provides that an application is complete and entitled to subsequent, substantive review by the land use authority when the applicant has submitted an application “in a form …
Advisory Opinion 202
Download PDF version Parties: Eric Thomas v. Marriott-Slaterville Issued: August 31, 2018Topic Categories: Interpretation of Ordinances Entitlement to Application Approval The principles of ordinance interpretation require Marriott-Slaterville City to apply the plain language of the ordinance to the land use application. The plain language expressly prohibits heavy trucks and commercial vehicles within the zone, leaving no discretion to the …
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 195
Download PDF version Parties: Melanie Grant; South Jordan City Issued: March 16, 2018Topic Categories: Entitlement to Application Approval Compliance with Mandatory Land Use Ordinances This Office lacks authority to review approval of a permit once the period within which a third party may appeal the approval lapses. The City correctly approved the developer’s site plan application. The approval was …
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 184
Download PDF version Parties: City of Saratoga Springs, Concord Holdings, LC Issued: April 28, 2017Topic Categories: Vested Rights Entitlement to Application Approval The 2009 Agreement entitles the developer to develop 32 acres of its project at a density of at least 6 units to the acre, but no more. The language of the agreement is unambiguous in this regard. …
Advisory Opinion 181
Download PDF version Parties: William A. Kershaw, Janet F. Kershaw, Liliana Ines Pienzi-Joseau, and Thomas L. Simpson, Park City Issued: March 7, 2017Topic Categories: Entitlement to Application Approval (Vested Rights) The Park City Planning Department’s Determination of Significance application was properly submitted and did not expire prior to the Historic Preservation Board meeting in which it was considered. Nevertheless, the …
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 …
