Download PDF version Parties: George Mount and Summit County Issued: December 6, 2011Topic Categories: Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances Covenants, conditions, and restrictions created by private property owners are essentially a contract binding those owners. Since the local government was not a party, it is not bound by the agreement, and may regulate the property …
Advisory Opinion 107
Download PDF version Parties: United Park City Mines Company and Park City Issued: October 27, 2011Topic Categories: Entitlement to Application Approval (Vested Rights) Proceeding With Reasonable Diligence Appealing Land Use Decisions Given the policies underlying the land use process, a time limit for a developer to complete a required condition ought to be tolled during the pendency of an …
Advisory Opinion 78
Download PDF version Parties: Bob Martino and Salt Lake County Issued: November 24, 2009Topic Categories: Entitlement to Application Approval (Vested Rights) Compelling, Countervailing Public Interests Lot owners enjoy vested rights a “buildable pad” identified on each lot on the subdivision plat. Those vested rights cannot be impaired, unless there is a compelling, countervailing public interest. The County has a …
Advisory Opinion 70
Download PDF version Parties: Craig Rasmussen, Property Owners in Beaver Creek Subdivision and Carbon County Issued: June 30, 2009Topic Categories: Entitlement to Application Approval (Vested Rights) Requirements Imposed On Development Interpretation of Ordinances The County could withhold approval of building permits until the property owners showed that there was perpetual access to the properties from a public road. Access …
Advisory Opinion 69
Download PDF version Parties: Michael Cox and City of Willard Issued: May 18, 2009Topic Categories: Entitlement to Application Approval (Vested Rights) Requirements Imposed On Development Subdivision Plat Approval A flag lot was properly created, and was allowed under existing City ordinances. The Property Owner’s right to develop the lot vested on the date the application was submitted. Even if …
Advisory Opinion 65
Download PDF version Parties: Sevier Power Company, LLC and Sevier County Issued: March 26, 2009Topic Categories: Entitlement to Application Approval (Vested Rights) Compelling, Countervailing Public Interests Pending Ordinances An applicant is entitled to approval of a land use application if the application conforms to the requirements of the local government’s land use ordinances in effect when a complete application …
Advisory Opinion 64
Download PDF version Parties: Leon R. Day and Sanpete County Issued: March 11, 2009Topic Categories: Entitlement to Application Approval (Vested Rights) Requirements Imposed On Development Subdivision Plat Approval A county may require that the Property Owner comply with its subdivision ordinance, because the parcel was not created by a valid subdivision. The parcel is not exempt from subdivision regulation, …
Advisory Opinion 62
Download PDF version Parties: Alliance Youth Services and City of Pleasant Grove Issued: February 11, 2009Topic Categories: Entitlement to Application Approval (Vested Rights) Compliance With Land Use Ordinances Interpretation of Ordinances Appealing Land Use Decisions An appeal authority has inherent power to fashion a remedy, including the power to remand a decision for new consideration. The City correctly interpreted …
Advisory Opinion 60
Download PDF version Parties: M. Ray Taylor and City of Lindon Issued: January 20, 2009Topic Categories: Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances The term “family-type arrangement” is not defined in the Utah Code, but the meaning can be ascertained by the plain and accepted meaning of the words. The City’s interpretation is allowed a degree of …
