Land Use and Zoning From Start to Finish

Agenda / Content Covered

All times are shown in Eastern time

1. LAND USE AND ZONING FUNDAMENTALS, CASE LAW, AND LEGAL UPDATE
   9:00 - 10:00, James S. Ettelson
   1. Land Use vs. Zoning
   2. How the Approval Process Works: A Brief Overview
   3. The Scope of Zoning Board Authority
   4. Vested Rights, Estoppel and Moratoria
   5. Regulatory Framework: State Building Code, Comprehensive Plans, Local Ordinances and More
   6. Current Case Law and Legislative Updates
   7. Challenging/Defending the Constitutionality of Zoning and Land Use Actions
2. ZONING ORDINANCE AND MAP AMENDMENTS: PROVING NECESSARY CRITERIA
   10:15 - 11:15, James S. Ettelson
   1. Compatibility with Surrounding Property Use
   2. Ensuring Adequate Public Services
   3. Comprehensive Plan Compatibility
   4. Proving Other Criteria
3. VARIANCES AND CONDITIONAL USE PERMITS: PROVING/DISPROVING UNIQUE CONDITIONS
   11:15 - 12:15, J. Craig Smith
   1. Complying with Requirements: Use vs. Area Variances
   2. Unique Circumstances or Conditions: Providing Supporting Evidence
   3. Disproving Detriments to Neighbors, the Public, etc.
   4. Navigating Conditional Use Review Process
   5. Proving/Disproving Conditions are Unreasonable
   6. Preventing and Addressing Conditional Use Violations
4. NAVIGATING THE LAND USE APPROVAL PROCESS
   1:15 - 2:15, J. Craig Smith
   1. Determining Where the Decision Authority Lies
   2. Aligning with Comprehensive Plans, Subdivision Regulations, etc.
   3. The Application: Complete Checklist of Information to Include
   4. The Permitting Process Walkthrough
   5. Following the Environmental Review Process
   6. Open Meeting Laws and Practical Tips
5. APPEALING ZONING DECISIONS: LOCAL, REGIONAL AND STATE CONSIDERATIONS
   2:30 - 3:30, J. Craig Smith
   1. The Appeals Process Step-by-Step
   2. Obtaining Judicial Review of a Local Decision
   3. Using Litigation to Resolve a Zoning Case
   4. Specific Tips for Resolving Top Zoning Issues
6. ETHICS IN ZONING AND LAND USE LAW
   3:30 - 4:30, J. Craig Smith
   1. Ethical Issues Unique to the Planning and Zoning Arena
   2. Adhering to the Rules of Professional Conduct and Avoiding Legal Malpractice
   3. Identifying and Preventing Conflicts of Interest
   4. Ex Parte Contacts with Decision Makers

JAMES S. ETTELSON is senior counsel with the law firm of Royer Cooper Cohen Braunfeld where he practices in the areas of real estate, land use and zoning, and commercial financing. Mr. Ettelson has represented a number of major commercial and residential developers, and has been involved in a diverse range of real estate litigation. He is a frequent lecturer on topics related to zoning and land use law, real estate transactions, and condominium/planned community law; and is an adjunct professor at St. Joseph's University. Mr. Ettelson is admitted to practice in Pennsylvania; before the U.S. District Court, Eastern District of Pennsylvania; U.S. Court of Appeals for the Third Circuit and the U.S. Supreme Court. He earned his B.S. degree from Pennsylvania State University and his J.D. degree from Temple University. Mr. Ettelson is a member of the Philadelphia, Pennsylvania, and American bar associations. He has also served more than four years as a member of his township's planning commission, and was elected to three full terms as a Lower Merion Township commissioner and subsequently served as board president.

J. CRAIG SMITH is a founding member of the Salt Lake City law firm of Smith Hartvigsen, PLLC, where he practices in the areas of water law, land use, and redevelopment law. Mr. Smith is a member of the American Bar Association and the Utah State Bar (sections on Urban, State and Local Government Law, Natural Resources and Litigation). Mr. Smith has written many articles, particularly on the subject of water law. He earned his A.S. degree, with high honors, from the College of Eastern Utah, his B.A. degree, magna cum laude, from Brigham Young University, and his J.D. degree, cum laude, from Brigham Young University.