|
|
A complete page-by-page copy of the 270 page book A Utah Citizen's Guide to Land Use Regulation: How It Works and How to Work It is available here. Just click on the link for each chapter.
Just a reminder - for a person to really understand how land use decisions are made, it would be a very good idea to review the first four chapters before looking for specific information in another chapter.
Also - please keep in mind that this book was written in 2005, and the ongoing evolution of case law and legislation has adjusted the law applicable to land use regulation somewhat. Be sure to check with your attorney to verify the specific details of a situation before relying on this or any other information that may or may not be completely up to date. The materials here are not to be construed as giving legal advice or providing legal services for anyone. Anyone concerned about understanding and protecting their specific legal rights should consult with legal counsel.
Is this service helpful? Please let us know of your thoughts and suggestions for improvement of this site and our efforts to assist you as you participate in the process of land use regulation.
Thanks
The Utah Land Use Institute
info@utahlanduse.org
Contents. pp. i-vi.
Introduction - How to Understand Legal Citations. pp. 1-10
1 - What is Land Use Planning? pp. 11-18.
2 - The Players - Who Cares and Who Controls. pp. 19-28
Citizen Planners - 19
Professional Planners - 21
Applicants/Property Owners - 23
Neighbors/Third Parties - 25
Who's In Charge? - 27
3 - How Projects are Reviewed and Decisons are Made. pp. 29-42
How is a Legislative Decision Challenged? - 31
How is an Administrative Decision Challenged? - 36
4 - "In the Beginning" - Adopting the General Plan and Land Use Ordinances. pp. 43-50
Step One: Adopting the General Plan - 43
Step Two: The Land Use Ordinances - 47
5 - Specific Legislative Issues and How They are Resolved. pp. 51-76
1. Adopting or Amending the General Plan - 51
2. Adopting or Amending Local Land Use Ordinances, Rules, and Codes - 56
3. Annexing Land into a Municipality - 60
4. Changing the Zoning of a Particular Parcel - 64
5. Temporary Land Use Ordinances (aka moratoria) - 71
6 - Specific Administrative Issues and How They Are Resolved. pp. 77-108
1. Routine Development Applications - Staff Review - 78
2. Conditional Use Permits - 82
3. Subdivision Review and Approval - 87
4. Variances - 94
7 - Burdens on New Development. pp. 109-122
1. Imposing Conditions and Exactions on Development - 109
2. Impact Fees - 118
8 - Federally Mandated Rules. pp 123-142
1. Religious Land Uses - 123
2. Group Homes - Fair Housing Act - 127
3. Cellular Towers and Communications Facilities - 133
4. Sexually-Oriented Businesses - 134
5. Sign Ordinances - 136
6. Billboards - 138
9 - State Mandated Rules. pp. 143-150
1. Future Streets and Highways - 143 2. Moderate Income Housing - 146 3. Manufactured Homes - 147
10 - Other Local Issues. pp. 151-160
1. Historic Districts and Aesthetic Values - 151
2. Parks and Open Space - 154
3. Trails and Pathways - 156
4. Home Occupations - 157
11 - Special Issues and Topics. pp. 161-170
1. Grandfathered (Nonconforming) Uses - 161
2. Permits Issued by Mistake - 163
3. Covenants, Conditions, and Restrictions: Homeowner Associations - 166
12 - Enforcing Land Use Ordinances. pp. 171-182
Zoning Enforcement - When You are in Violation - 171
1. Criminal Procedure - 171
2. Civil Procedure - 172
Citizen Land Use Enforcement - When Your Neighbor or the Municipality is in Violation - 178
13 - Appealing Land Use Decisions. pp. 183-204
When Can You Appeal? - 183
When Must You Appeal? - 184
Levels of Appeal
1. Appeals to the Land Use Appeals Authority - Ordinance Interpretation - 188
2. Building, Fire, Landmark, Impact Fee, and Health Code Appeals - 196
3. Takings Appeals Procedures - 198
4. Alternative Dispute Resolution - Mediation, Arbitration and the Ombudsman - 200
5. Legal Action - When It's Necessary - 203
14 - Mounting a Legal Challenge. pp. 207-228
State and Federal Constitutional Challenges - 208
1. Loss of All Economically Viable Use - 208
2. Severe Economic Impacts - 212
3. Trespass - Excluding Others - 215
4. Lack of a Public Purpose - Due Process Issue - 217
5. Equal Protection - 219
6. Free Speech Protections - 220
7. Federal Statute Challenges - 220
State Statutory Challenges
8. Arbitrary, Capricious, and Illegal Acts - 220
9. Following Required State Procedure - 221
10. State Policy Mandates - 222
11. Following Local Ordinances - 223
Summary - Legal Issues - 226
Appendices:
Appendix A - Access to Public Records. pp. 229-236
Appendix B - Open and Public Meetings. pp. 237-248
Appendix C - Checklist: Will a Local Land Use Decision be Overturned? pp. 249-256
Checklist: Conditions and Exactions Imposed on Development - 254
Index - pp. 257-270 |
