Advisory Opinion 308

Download PDF version Parties: Chad Peterson / Morgan County Issued: July 31, 2025 …Topic Categories: Interpretation of Ordinances The relevant statutory provisions, read together, lead to the conclusion that the owner’s property is a one-lot subdivision for purposes of determining whether the dwelling on the lot qualifies for the statutory exception to a fire sprinkler system in the State Fire …

Advisory Opinion 306

Download PDF version Parties: Weber Housing Authority and Ogden City Issued: July 2, 2025 …Topic Categories: Compliance with Land Use Regulations Interpretation of Ordinances Requirements Imposed on Development Entitlement to Application Approval  The Housing Authority seeks to convert an assisted living facility into a 32-unit permanent supportive housing project for individuals with disabilities.  The Planning Commission recommended denial, which the …

Advisory Opinion 305

Download PDF version Parties: Kayla and Logan Iverson and Ogden City Issued: June 6, 2025 …Topic Categories: Compliance with Land Use Regulations Interpretation of Ordinances Requirements Imposed on Development Entitlement to Application Approval The property owners applied for a home occupation business license to conduct ceramics classes in their attached garage. The City denied the application, arguing the garage is …

Advisory Opinion 302

Download PDF version Parties: South Nephi, LLC and Nephi City Issued: January 31, 2025 …Topic Categories: Compliance With Land Use Regulations Exactions on Development Interpretation of Ordinances  Local government has discretion to establish—by legislative enactment—reasonable quality specifications or performance standards for the public facilities and services it provides and may exact from new development equitable contributions at that established level …

Advisory Opinion 297

Download PDF version Parties: Peters Propane Service and Grand County Issued: October 17, 2024 …Topic Categories: Interpretation of Ordinances The County’s land use table lists “fuel service” as a permitted use in the highway commercial zone but does not define that use. The code lists gasoline service stations and convenience stores as examples of fuel service, but also includes “other …

Advisory Opinion 293

Download PDF version Parties: Scott Vranes and Cottonwood Heights Issued: August 23, 2024 …Topic Categories: Interpretation of Ordinance Compliance with Land Use Regulations Entitlement to Application Approval Requirements Imposed on Development A reconstructed and enlarged backyard deck is an accessory structure for which the city code does not regulate a rear yard setback.DISCLAIMER The Office of the Property Rights Ombudsman …

Advisory Opinion 291

Download PDF version Parties: Roger Stephens Issued: July 31, 2024 …Topic Categories: Interpretation of Ordinances The subject property is a residential condominium falling under the authority of a development agreement. The property is zoned “Hotel/Lodging” within the Resort Core in this development agreement, which according to the plain language, allows for short-term occupation only. The development agreement does allow for …

Advisory Opinion 289

Download PDF version Parties: Applegate, LLC / Murray City Issued: July 23, 2024 …Topic Categories: Interpretation of Ordinances Requirements imposed upon development State law restricts municipalities from imposing conditions of approval which are not authorized by applicable law. Because the condition to require emergency-only access at the connection point between Fuji Avenue and Spring Clover Drive is not supported by …

Advisory Opinion 287

Download PDF version Parties: Kamas 3530 LLC / Summit County Issued: May 28, 2024 …Topic Categories: Legal non-complying structure Interpretation of Ordinances State statute allows for the continuation of noncomplying structures and gives only two scenarios in which a County may prohibit the reconstruction of a noncomplying structure – (1) written notice that the structure is uninhabitable and failure to …