General Overview

A General Overview of Land Use Controls and General Land Use Administration – Excerpts from Ground Rules – Updated for 2024

• Table of Contents and Prefaces
• What is Land Use Planning?
• The Players:  Who Cares and Who Controls
• How Projects are Reviewed and Decisions are Made – Legislative Acts and Administrative Acts
• Adopting the General Plan and Land Use Ordinances
• Specific Legislative Issues and How They are Resolved
  • The General Plan
  • Local Ordinances
  • Annexation
  • Zoning Map
  • Temporary Land Use Ordinances
  • Development Agreements (sometimes legislative, sometimes administrative)
• Administrative Issues and How They are Resolved
  • Routine Development Applications – Vested Rights
  • Conditional Use Permits
  • Subdivision Review and Approval
• Variances
• Exactions and Conditions on New Development
  • Conditions
  • Exactions
  • Impact Fees
• Federally Mandated Rules
  • Religious Land Uses
  • Group Homes – Fair Housing Act
  • Communications Facilities
  • Sexually Oriented Businesses
  • Sign Ordinances
  • Billboards
• State Mandated Rules
  • Highway Corridor Preservation
  • Moderate Income Housing
  • Accessory Dwelling Units (ADU)
  • Design Regulations
  • Manufactured Homes
  • Ten-Year Vesting for Subdivisions
• Other Local Issues
  • Historic Districts
  • Parks and Open Spaces
  • Trails and Pathways
  • Home-Based Businesses
• Special Issues and Topics
  • Grandfathered (Non-conforming) Uses and Structures
  • Permits Issued by Mistake – Estoppel
  • CC&R’s – Homeowner Associations
• Ombudsman
  • Dispute Resolution
  • Advisory Opinions
  • Arbitration – Eminent Domain
• Enforcement
  • Criminally
  • Civilly
  • By Private Citizens
• Appeals
  • Local Appeal Authority
  • Code Appeals – Building, Fire, Health, etc.
  • Takings Appeals
  • Legal Action – When its Necessary
• Litigation
  • Takings – Loss of All Economic Use
  • Takings – Severe Economic Impact
  • Takings – Trespass
  • Takings – Due Process
  • Equal Protection
  • Free Speech
  • Federal Statutes
  • State Statutes – Arbitrary, Capricious and Illegal Acts
  • State Procedural Challenges
  • State Policy Mandates
  • Local Ordinance Violations
• Referenda and Initiatives
• Due Process of Law
• Public Records
• Open Meetings
• Checklists
  • Generally – When a Land Use Decision Can Be Overturned
  • Exactions – When an Exaction or Condition is Illegal
  • Index to Ground Rules