Overview
Land use decisions often create tension between public expectations and legal requirements. It is common for elected and appointed officials serving as land use authorities to feel pressure to respond to community concerns, especially when a proposal generates opposition or uncertainty about its impacts.
Let’s imagine for a moment that you are Mayor of a small town. Your constituents have heard through the grapevine that someone in your small town has applied for a land use permit for approval to construct a brand-new indoor arcade complete with all the latest and trending games. But your constituents are worried, as they’ve heard horror stories about indoor arcades – all the fights that happen between extremely competitive children due to lack of adult supervision. You empathize to a certain extent with your constituents, as the last thing you want in your town as Mayor is a business that could become a magnet for civil discord and lawsuits.
As Mayor you also already know that the rumor mill is indeed correct, a complete application has been received by staff for an indoor arcade which appears to meet all the current requirements of the Town’s Code. It’s a permitted use (i.e., use by right) in the zoning district, meaning it’s now an administrative land use decision. There are no requirements for public meetings or hearings to consider the application. You know your constituency isn’t going to like not having an opportunity to weigh in on if this particular business comes to town or not.
So…now what? Do you have to approve every single application that comes through the doors of Town Hall, even if you don’t think it will have a good impact on your community? Long story short, in this example, the answer is yes.
However, there are different issues that can affect a decision issued by a land use authority. These include, and are not limited to:
- Due Process;
- Statutory Requirements;
- Arbitrary or Capricious Standards; and
- Good Cause.
You may be asking yourself what exactly those things are. Well, there is only one way to find out.
Content Contributors: Jones and DeMille Engineering, Inc, Hansen Planning Group, LLC / Rural Community Consultants
Special Note: This material was developed by civiclinQ for the Land Use Academy of Utah (LUAU). Funding for the development of this material was provided by through the Land Use Training Fund, which is administered by the Office of the Property Rights Ombudsman , utilizing a portion of the 1% surcharge on all building permits in the State of Utah.
The role of this organization in administering funding is primarily administrative and should not be viewed as legal advice. Always consult your legal representative when addressing land use activities.
Use the ‘Materials’ tab above to view related course materials, including printable pass-along card and PDF version of this online course.
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