The Legalities of Land Use and Zoning

Zoning regulations and restrictions are used by municipalities to control and direct the development of property within their borders. Whether you need to get an easement in order to reliably access your property, looking at property for a new business, or have other land use and zoning law questions, a real estate attorney should be able to help. The attorneys at Robinson, Seiler & Anderson in Provo are well versed in the legalities of real estate law as well as land use and zoning. Below are some of the basic legalities to help you understand Land Use and Zoning Regulations.

 

The Function of Zoning Regulations

The basic purpose and function of zoning is to divide a municipality into residential, commercial, and industrial districts that are for the most part separate from one another, with the use of property within each district being reasonably uniform. Within these types of zones there are specific restrictions that must be adhered to such as; specific requirements as to the type of buildings allowed, location of utility lines, restrictions on accessory buildings, building setbacks from the streets and other boundaries, size and height of buildings, and number of rooms.

 

Limits set in Place for Zoning Regulations

Courts have held that a zoning regulation is permissible if it is reasonable and not arbitrary; if it bears a reasonable and substantial relation to the public health, safety, comfort, morals, and general welfare; and if the means employed are reasonably necessary for the accomplishment of its purpose. With these limits set in place it could lead to a lot of disagreement. Having the right attorney who is well versed in real estate law can help you when you disagreement turns into a litigation case. That is where the attorneys at Robinson, Seiler & Anderson in Provo can help. In many jurisdictions, statutes have created boards of zoning appeals to handle these issues. Given both the complexity of zoning law and the specialized nature of zoning appeals boards, an owner who contests a zoning requirement is ill advised to try to argue his or her case without legal assistance.

 

Call our office today to schedule an appointment with one of he experienced attorneys at Robinson, Seiler & Anderson in Provo.

 

View Our Testimonials Announcement

Norman H. Jackson, Utah Court of Appeals Judge, Retired, has joined the law firm of Robinson, Seiler & Anderson, LC, effective April 2017.  Judge Jackson was one of the seven founding Judges of the Utah Court of Appeals and served terms as Presiding and Associate Presiding Judge.
 
Judge Jackson was the senior attorney in a Richfield law firm for eighteen years.  The firm engaged in legal, business and tax cases, including practice before State and Federal Courts, U.S. Board of Land Appeals, Utah Public Service Commission and Arizona Corporation Commission.  Clients included counties, cities, banks department stores, communications and credit associations, irrigation companies, auto dealers, building supply stores, farmers, ranchers and small businesses. They took “every type of case that came through the door,” from criminal defense work to a patent royalty dispute for the inventor of the Frisbee. Judge Jackson has been a lifetime rancher doing business in Utah as Jackson Cattle Company and Arizona as EJ Cattle Ranches.
 
Judge Jackson’s professional service includes terms on the Utah State Bar Commission, Bar Foundation (President and Vice President), Air Travel Commission, and Utah Information Technology Commission.  He served on the Judiciary’s Alternate Dispute Resolution Committee for thirteen years and initiated and supervised the Appellate Court Mediation Office.  He developed and advanced a realistic and workable framework for both of Utah’s Appellate Courts to use in reviewing trial court and administrative agency decisions.  He published three editions of Utah Standards of Appellate Review while participating in more than 2,000 appellate court decisions.  
 
Judge Jackson’s experience will complement the other outstanding lawyers at Robinson, Seiler & Anderson, LC.  The firm will continue its representation of injured individuals, as well as clients in real estate, business, estate planning, tax, contract and education matters.
 

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