Writing Do’s And Don’ts
| Do | Don’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:
- Unclear regulation: “Structures must be an appropriate height.”
- Applications must be interpreted to allow the owner’s proposed height.
- 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:
- Test Your Writing:
- Read it aloud;
- Ask someone else to read it; and
- Specifically Ttry to find loopholes.
- Update Regularly:
- Review standards annually;
- Check for conflicts with new state laws; and
- Document interpretation issues for future updates.