Download PDF version Parties: Kirk & Paul Chappell; Town of Lyman Issued: August 25, 2015Topic Categories: Entitlement to Application Approval (Vesting) Land use approvals turn on compliance with the ordinances of the government entity. Government entities may not relinquish or surrender their authority to regulate or approve land uses and development to third parties. Where local ordinances are satisfied, …
Advisory Opinion 149
Download PDF version Parties: Larry Jacobson and Herriman City Issued: December 5, 2014Topic Categories: Appealing Land Use Decisions Entitlement to Application Approval (Vested Rights) Exactions on Development A local government may regulate density in a separate provision from lot size. Development requirements may be derived by reference to a general plan. If an ordinance allows a range of allowable …
Advisory Opinion 141
Download PDF version Parties: Michael Thayne and Syracuse City Issued: June 10, 2014Topic Categories: Entitlement to Application Approval (Vested Rights) Subdivision Plat Approval Interpretation of Ordinances An applicant’s right to develop vests when the applicant submits an application that complies with the ordinances in place. When the application is approved, the application is deemed to fully comply with the …
Advisory Opinion 130
Download PDF version Parties: Harris J. Creveling and Park City Issued: September 27, 2013Topic Categories: Entitlement to Application Approval (Vested Rights) Appealing Land Use Decisions Vested rights arise only when an application conforms to local zoning ordinances. The Vested Rights Rule does not grant substantive rights to a property owner, and does not constitute “automatic” approval of an application. …
Advisory Opinion 126
Download PDF version Parties: George Mount and Summit County Issued: July 22, 2013Topic Categories: Entitlement to Application Approval (Vested Rights) A property owner may claim vested rights to development based on “zoning estoppel.” If the owner incurs substantial expenses towards property development, because of reliance on representations made by a local government, the owner may claim the right to …
Advisory Opinion 122
Download PDF version Parties: Michael M. McKee and Logan City Issued: April 11, 2013Topic Categories: Entitlement to Application Approval (Vested Rights) Subdivision Plat Approval An applicant is entitled to approval if a land use application is complete and complies with applicable ordinances. Applicable ordinances includes all land use ordinances, and a local government is obligated to follow and uphold …
Advisory Opinion 120
Download PDF version Parties: Ciel Investment Co., Salt Lake County, and Salt Lake City Issued: February 5, 2013Topic Categories: Entitlement to Application Approval (Vested Rights) Compliance With Land Use Ordinances Interpretation of Ordinances . The Utah Code grants extraterritorial jurisdiction to cities to protect watersheds and water sources. Salt Lake City, as a city of the first class, has authority …
Advisory Opinion 118
Download PDF version Parties: Travis Taylor and City of North Logan Issued: October 31, 2012Topic Categories: Entitlement to Application Approval (Vested Rights) Complete Land Use Application Compliance With Land Use Ordinances Interpretation of Ordinances In the absence of specific zoning standards in the locality’s ordinance, the applicant’s development rights vested when the concept plan is approved. The application was …
Advisory Opinion 114
Download PDF version Parties: HJ Silver Creek, LP and Summit County Issued: April 30, 2012Topic Categories: Entitlement to Application Approval (Vested Rights) Vested rights to proceed with development arise when an application is submitted. All property is subject to land use control, and approval of a subdivision plat does not exempt property from local control. Uses identified on a …
