Download PDF version Parties: Spring Creek Cove Development Corp, Murray City Issued: December 2, 2021Topic Categories: Exactions on Development Requirements Imposed on Development Subdivision Plat Approval The city’s requirement that irrigation canals be piped within new residential subdivisions is lawful, even where the developer must enter an agreement it finds “outrageous and illegal” to secure permission to enclose them. Cities …
Advisory Opinion 245
Download PDF version Parties: D.R. Horton, Saratoga Springs City Issued: November 16, 2021Topic Categories: Exactions on Development Requirements Imposed on Development Subdivision Plat Approval The Developer may only be responsible for providing that portion of the impact they impose, which in this case appears to be at most approximately 49% of the cost of the traffic signal, even though …
Advisory Opinion 244
Download PDF version Parties: Fuja / Woodland Hills City Issued: October 14, 2021Topic Categories: Appealing Land Use Decisions Compliance With Land Use Ordinances Interpretation of Ordinances Requirements Imposed on Development Any alterations to construction approved in a building permit requires the applicant to submit amended plans for review. The proposed amendments must likewise comply with applicable land use regulations, …
Advisory Opinion 232
Download PDF version Parties: Oscar Bluth / Summit County Issued: November 12, 2020Topic Categories: Interpretation of Ordinances Requirements Imposed on Development A county land use authority shall apply the plain language of land use regulations. If a land use regulation does not plainly restrict a land use application, the land use authority shall interpret and apply the land use …
Advisory Opinion 231
Download PDF version Parties: Peterson House LLC / Morgan County Issued: October 30, 2020Topic Categories: Compliance With Land Use Ordinances Interpretation of Ordinances Requirements Imposed on Development Counties may withhold occupancy for an applicant’s failure to meet conditions stated in state law, local code, or subdivision approval that are essential for the public health, public safety, and general welfare …
Advisory Opinion 223
Download PDF version Parties: Nic Porter and Logan City Issued: May 5, 2020Topic Categories: Compliance with Land Use Ordinances Interpretation of Ordinances Requirements Imposed on Development Subdivision Plat Approval The City may require plats for single-family residential subdivisions with forty-six lots to use the sixty-foot-wide Residential Street cross section rather than the twenty-foot-wide Private Street cross section as required …
Advisory Opinion 209
Download PDF version Parties: Housel Family; City of Francis Issued: February 28, 2019Topic Categories: Compliance with Land Use Ordinances Conditional Use Applications Interpretation of Ordinances Requirements Imposed On Development Francis City ordinance requires landowners to “minimize” the effects of lighting spillage onto neighboring properties and to “prevent” exposure of light sources to the view of residents. It appears that …
Advisory Opinion 194
Download PDF version Parties: Ross Ford, Utah Homebuilders Association; Summit County Issued: February 22, 2018Topic Categories: Requirements Imposed Upon Development Compliance with Mandatory Land Use Ordinances Local governments possess broad authority to regulate the use of land and buildings within their boundaries. This authority is limited by State law. Since State law does not expressly prohibit local governments from …
Advisory Opinion 193
Download PDF version Parties: Carol Abbott; Sevier County Issued: January 25, 2018Topic Categories: Requirements Imposed Upon Development Compliance with Mandatory Land Use Ordinances Counties possess broad authority to regulate and permit subdivision of land in unincorporated areas within its borders. If a property owner desires to subdivide land to create new building lots, she must follow the county ordinance’s …
