Download PDF version Parties: Jeffrey Clark / Morgan County Issued: March 8, 2024 Topic Categories: Requirements Imposed Upon Development The county may not lawfully require the vacation of an extinguished, private right-of-way as a condition of approval of an amended subdivision plat. DISCLAIMER The Office of the Property Rights Ombudsman makes every effort to ensure that the legal analysis …
Advisory Opinion 269
Download PDF version Parties: Blaine K. Andersen; Hyrum City Issued: June 6, 2023 Topic Categories: TOPIC CATEGORIES: Compliance with Land Use Regulations Requirements Imposed on Development Subdivision Plat Approval State law requirements that cities provide notice of subdivision applications to certain nearby water conveyance facility owners to solicit feedback does not mandate that the subdivision approval be conditioned according to …
Advisory Opinion 267
Download PDF version Parties: Derek and Dana Andreason / Salina City Issued: April 20, 2023 Topic Categories: Interpretation of Ordinances Proceeding with Reasonable Diligence Requirements Imposed on Development The holder of an issued building permit constructed a residential fourplex building at the end of an existing dead-end street according to approved plans, but also built certain accessory structures in deviation …
Advisory Opinion 262
Download PDF version Parties: Land Development Solutions, LLC / Apple Valley Issued: October 5, 2022 Topic Categories: Compliance With Land Use Regulations Proceeding with Reasonable Diligence Requirements Imposed On Development Subdivision Plat Approval A previous landowner’s subdivision approval made years prior that was left abandoned before completion and recording was no longer valid for purposes of Developer’s current attempt to …
Advisory Opinion 261
Download PDF version Parties: Fox Hollow of Providence, Inc. / Providence City Issued: October 5, 2022 Topic Categories: Compliance With Land Use Regulations Development Bonds Interpretation of Ordinances Requirements Imposed On Development Subdivision Plat Approval Development agreements may not be mandated for all conventional subdivisions as the only option for developing property in the municipality. A plat approval was improperly …
Advisory Opinion 255
Download PDF version Parties: Troy Belnap / Cedar Hills Issued: May 11, 2022 Topic Categories: Compliance with Land Use Ordinances Interpretation of Ordinances Requirements Imposed on Development Cedar Hills may not lawfully require the property owner to secure an easement agreement as a condition of receiving a building permit for a fence and a retaining wall because their ordinances …
Advisory Opinion 252
Download PDF version Parties: Kim Haslem / Uintah County Issued: March 29, 2022Topic Categories: Conditional Use Applications Interpretation of Ordinances Requirements imposed upon development A County’s Planning Commission may lawfully amend rather than revoke a Conditional Use Permit for a cement batch plant even where there are three documented violations of operations outside current Conditional Use Permit parameters. A …
Advisory Opinion 250
Download PDF version Parties: Scott Bracken, Weber County Issued: January 20, 2022 Topic Categories: Compliance with Land Use Ordinances Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances Requirements Imposed on Development The 75-foot building setback required by the Weber County stream corridor ordinance applies to naturally occurring, year-round streams. The watercourse running along the rear property line of …
Advisory Opinion 248
Download PDF version Parties: Union Block, LLC and Brigham City Issued: December 27, 2021Topic Categories: Compliance with Land Use Ordinances Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances Requirements Imposed on Development Cities have the authority and obligation to enforce the state fire code and rules of the state fire marshal within the boundaries of the city. Accordingly, the …
