Land Use Controls, Zoning, and Environmental Issues
Zoning and land use controls
Government limits private land use through police power (zoning, building codes, health codes), taxation, eminent domain, and escheat. Zoning ordinances regulate use, height, bulk, density, setbacks, and lot size. Key distinctions:
- Nonconforming use: a lawful use predating the ordinance that may continue but usually cannot expand and is lost if abandoned.
- Variance: relief from a dimensional or area requirement granted on a showing of hardship unique to the parcel, not a change of use.
- Conditional or special use permit: a use allowed in the zone subject to conditions and review.
- Spot zoning (singling out one parcel) is suspect; a PUD trades flexible design for public benefits; buffer zones separate incompatible uses.
Subdivision typically requires plat approval and public improvements, and a certificate of occupancy is required before occupancy.
Environmental issues
CERCLA (Superfund) imposes liability on current and past owners and on lenders that take control; a Phase I environmental site assessment is the due-diligence tool and a buyer defense. Wetlands are regulated under Section 404 of the Clean Water Act. Lead-based paint rules require disclosure and the EPA pamphlet for pre-1978 housing. Radon, asbestos, mold, and underground storage tanks recur as disclosure items. Utah's Department of Environmental Quality administers state environmental programs.
Traps: a variance does not change the permitted use; a nonconforming use is not a violation; an as-is sale does not excuse a legally required environmental disclosure.
Rule of thumb: if the question says hardship, think variance; if it says conditions on a permitted use, think conditional use permit.