Lesson 3 – Creating Clear And Enforceable Standards

Lesson 3 – Creating Clear And Enforceable Standards

Writing Do’s And Don’ts

DoDon’t
Start with your authority: “The City/Town/County requires…”Use vague authority: “It is recommended…”
Use an active voice: “You must/shall obtain a permit.”Use passive voice: “A permit must be obtained.”
Include specific measurements: “6 feet tall”.Use subjective terms: “reasonable height”.
Define technical terms: “Setback: The distance between…”.Assume everyone knows technical terms.
Use lists and tables.Write long, dense paragraphs.

If It Doesn’t “Plainly Restrict A Land Use Application…“

Remember UCA §10-9a-306/§17-27a-308!

The law requires that if a land use regulation isn’t clear, it must be interpreted in favor of the property owner. Some examples:

  1. Unclear regulation: “Structures must be an appropriate height.”
    • Applications must be interpreted to allow the owner’s proposed height.
  2. Clear regulation: “Maximum structure height: 35 feet, measured from finished grade to peak of roof.”
    • Heights can now be accurately interpreted and consistently enforced as there are established metrics for how measurements are to be taken.

Pro Tips:

  1. Test Your Writing:
    • Read it aloud;
    • Ask someone else to read it; and
    • Specifically Ttry to find loopholes.
  2. Update Regularly:
    • Review standards annually;
    • Check for conflicts with new state laws; and
    • Document interpretation issues for future updates.

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