Advisory Opinion 309

Download PDF version Parties: Conner Dickson and Wasatch County Issued: August 1, 2025 …Topic Categories: Appealing Land Use Decisions  Proceeding with Reasonable Diligence  Requirements Imposed on Development A decision to suspend or revoke a permit after issuance, if merely a reconsideration of the previous approval decision, is subject to timelines for land use appeals in ordinance—with which even the county …

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 300

Download PDF version Parties: Edge Homes of Utah, LLC and Lehi City Issued: December 13, 2024 …Topic Categories: Exactions on Development Compliance with Land Use Regulations Requirements Imposed On Development  … The city may lawfully require a developer to pay for publicly owned and managed fiber optic conduit as a condition of approval of a residential subdivision development where the …

Advisory Opinion 299

Download PDF version Parties: Virgin Property Rights Coalition, LLC and Virgin Town Issued: December 13, 2024 …Topic Categories: Entitlement to Application Approval (Vested Rights) Requirements Imposed on Development Lot owners vest in the zoning regulations governing short-term rentals that were in effect at the time the subdivision plat application was submitted. Utah law directly addresses this issue for the relevant …

Advisory Opinion 296

Download PDF version Parties: Neighborhood Nonprofit Housing Corporation and Perry City Issued:  October 17, 2024, Amended January 10, 2025 …Topic Categories: Entitlement to Application Approval (Vested Rights) Requirements Imposed on Development Compliance with Land Use Regulations,   The approval process for a final plat is the one in place at the time of the review. The vesting laws which would …

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 292

Download PDF version Parties: Jeffrey Kummer / Sevier County Issued: August 23, 2024 …Topic Categories: Exactions on Development  Requirements Imposed On Development  Subdivision Plat Approval The County has not met its burden of establishing that a dirt road over private property is an existing County right-of-way that had been dedicated by public use. Therefore, because the County’s land use ordinances …

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 …