#and most of us can actually wield quite a lot of power on the local/community scale

[1ore]

Moribund is very much a way to grapple with things through their absence and implied space, but. yeah im taking note of why the grimdark dystopia with strong themes of bodily autonomy cropped up when it did.

[hopeaterart]

Mario Odyssey: Paper Kingdom AU

Or: The AU where I adapt Paper Mario characters into a kingdom in Mario Odyssey because while my brain is small, it has a big mind that keeps thinking up new ideas. This tackles the kingdom’s backstory, it’s travel brochure, why Mario ends up going there, and the frankly ridiculous political context he stumbles into. I might tackle the characters in another post.

Backstory

A long time ago, a creature made out of shadows and thin as paper rose out of an island. Calling itself- or herself- the Shadow Queen, the malevolent spirit could wield the power of seven stars, and her heart was pitch-black and full of chaotic hatred. She reigned over the land with an iron fist, terrified painted shadows at her command.

Until one day, a small faction of her own people turned against, led by four heroes and eight mages. They studied her magic, and turned it against her, folding themselves like paper get close to her and stealing her stars to destroy her body, the eight mages using their magic to separate her heart from her spirit

Enraged, her spirit lashed out, cursing the four heroes into suffering the same fate as her, reduced to spirits enclosed in coffins just as she unleashed the full power of her heart. But before she could turn her wrath on the other rebels, the eight mages sacrificed themselves, turning their souls into pure energy and setting it on the Shadow Queen’s heart, ripping it out and sending both the heart and the soul of the Shadow Queen into a deep sleep.

The only thing left was a prophecy- a warning. If a cruel monster and a gentle maiden marry each other in a farce, the Chaos Heart will rise again. If this happens, the Shadow Queen’s rise is imminent, and she will take over the body of the maiden. The only way to stop her is to find her Seven Stars, and use them to destroy her soul once and for all.

The throne of the Paper Kingdom is left symbolically empty, and the country is ruled by a council.

-

Travel Brochure

Population: Sparse, but plentiful

Size: Wide

Locals: Shapeshifters

Currency: Paper fortune teller shaped

Industries: Construction, stories

Temperature: Average  73 °F

A craft for the ages

Multi-level: The Paper Kingdom is made of multiple levels carved within the plateau, and all of them have something to offer. From the charming beach town of Rogueport to the looming Castle of Chaos, this place is vibrant and full of carefully crafted layers.

Rich History: The Paper Kingdom’s history is something for the ages: A demon rising out of the earth, her own people standing up against her, a battle ending in tragedy, and a prophecy! And they know it too! Their own history is so rich and captivating, they transformed telling people about it into a spectacle. If you’re ever in the need of someone to give a grandiose speech, a Paper Kingdom storyteller is what you need!

Origami Festival: If you visit the Paper Kingdom during their fall season, you might bear witness to the Origami Festival! While considered unorthodox and dangerous, Shapeshifters recognize origami as an incredibly powerful type of magic, allowing one to become anything their heart wish. As such, they have festivities centered around this concept that lasts a week, where they put up tons of different and incredible origami displays celebrating the concept.

-

How it fits in the game

For it’s location, it would be a decently sized island between the Luncheon Kingdom and Snow Kingdom, and would be the last place you go to before Bowser’s castle. From above, it would look rectangular, and most of it would be very elevated (think of a plateau, but in the middle of the ocean.) While it would seem small at first glance, the truth is that most of the earth is hollowed out, and there’s a lot of communities that live underground. You would be able to visit the two surface ones (Rogueport at the base of the plateau, and Castle of Chaos (Equivalent to Castle Bleck) on top of it) from the start, and at least one additional area under Castle of Chaos would unlock after the main story.

As for it’s place in the story, a wedding needs an officiant, and Bowser decided to get a storyteller from the Paper Kingdom because they’re known to give quite touching speeches. Bowser was originally planning to make his announcement of his marriage to Peach, take someone by force if he got denied, and leave the kingdom in disarray as punishment for denying him.

So you can imagine his surprise when not one, but two storytellers volunteered to be his officiant: Dimentio, royal jester and local agent of chaos who’s starting to find the current situation in the Paper Kingdom boring because it’s stagnating (albeit because they want to stop the hostilities temporarily for the upcoming Origami Festival), and the Beldam, eldest of the shadow Sirens and actively trying to resurrect the Shadow Queen. 

Let’s be clear, here: Neither of them are really interested in Bowser’s marriage, but both are after the power of the Chaos Heart, which has the potential to arise from this union: Dimentio to create even more chaos, and Beldam to harness it’s power and bring the Queen back to life. He picked the storyteller who had actual experience with being an officiant: Dimentio, who officiated multiple noble weddings- and left a fuming Beldam behind. In her rage, she decided to make the King of Koopas not choosing her as an evil marriage officiant everyone else’s problem and promptly started freezing everything in sight.

And that’s where Mario and Cappy come in, looking for Power Moons...

-

What’s going on?

A few weeks before Bowser shows up, the wedding of Blumiere, the son of an important count, and his human girlfriend Timpani (I don’t know from where she could be, probably New Donk CIty), was happening. However, in part due to a sinister prophecy that foretold the rebirth of the Chaos Heart if a furious monster lord (Blumiere is not human, and he has quite the unstable temperament) and a fair and lovely maiden (Timpani is a bit shy, cares for everything around her, and is nothing but kind) got married, and in part due to being a racist fuck, Blumiere’s father tried to stop the marriage by lethally attacking the bride.

Big mistake.

Blumiere ended up flying into a rage, messily killing his father with his bare hands and the assistance of a surge of magic, and destroyed the wedding venue. He then took Timpani, who was dying, to the origami craftsman, who earned himself a reputation of defying nature’s law by creating Olly and Olivia for an Origami festival, which was. Not planned. He then more or less forced him to heal his bride. 

The craftsman was absolutely able to say no: Olly brought to life multiple office supplies and all of them are ready to attack on sight, but he still went and healed up Timpani, albeit altering her physical appearance permanently due to having to heal her up using Origami Magic. Olly does not take his father being threatened into helping someone well, and barges into Castle of Chaos two weeks later and self-proclaim himself king with the assistance of the office supplies, which he dubs his Legion of Stationery, because of a perceived disrespect toward his family.

He is twelve.

Blumiere- who renamed himself Count Bleck following his father’s death- is understandably outraged, and denounces Olly with the support of his companions. Said companions are: his wife lady Timpani whom he (and most of the kingdom) adores, a small bat-like woman and his spokesperson Nastasia, the strong but dimwitted warrior and champion O’Chunks, the robotic but emotional Mimi who works in banking, and local shit-bastard jester Dimentio. This is due to Bleck being a direct descendant of one of the eight mages that sacrificed themselves, and he’s forced to make a claim to the throne to be taken seriously in trying to stop Olly.

He does not want to take the throne.

So now, there’s a twelve years old and a pissed off count who murdered his father in a blind rage fighting over the throne of the Paper Kingdom, neither of them know what they’re going to do next, and no one is happy about this situation. The instability allows a third party to make an appearance and grab for the throne: The X-Nauts, a race of robotic aliens led by the tyrannical Sir Grodus. Their goal? Resurrect the Shadow Queen and use her power to remake the Paper Kingdom, and eventually the planet, in their image.

The good news is that neither Olly nor Bleck want the X-Nauts to succeed. Bleck because he knows they’re planning on resurrecting the Shadow Queen and he does not want that to happen, and Olly because Grodus’ second in command was mean to Olivia once. This means that they are able to put their difference aside, which means there’s still hope an all-out civil war can be avoided.

Speaking of Olivia, poor girl think her brother went evil and wants to reign over the Paper Kingdom like a tyrant. This is understandable, as he’s a irritable twelve years boy with six killing machine at his command and also starting his emo edge lord phase, and she’s a literal ray of sunshine. As such, Olivia decided to find other people willing to stop Olly, Bleck and Grodus from burning the country to the ground in their squabble, not realizing that, as the leader of this group, she is also making .a claim for the throne.

She is also twelve.

And now, there’s Beldam losing her shit over being turned down and freezing everything into unmoving sheets on the walls. Ironically, this common enemy might just be what’s needed to calm everyone down.

[aion-rsa]

Star Wars: Alien Races That Changed the Galaxy

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Star Wars is the story of a massive galaxy and the thousands of alien races that inhabit it. More importantly, it’s an epic tale of how these different civilizations come together to live as a galactic community, and the many struggles it often takes to get there.

Like any real-world society, many of the alien races in Star Wars have deep histories that cover everything from their origins and traditions to how they discovered spaceflight and their contributions to the galactic annals. Thanks to the Expanded Universe of books and comics that have spent the last 40 years going way beyond what you’ll ever see on screen, we know all about how the Chiss settled one of the most dangerous corners of space as well as how the Jedi and the Sith were born. We know about many of the earliest races to explore the galaxy, and we’ve learned quite a bit about the massive empire that preceded the one in the movies by millennia.

The point is that the Star Wars universe contains a lot of history, especially when you dig back through the Legends stories that are no longer canon but offer a wide breadth of information on events that predate the eras in which the movies and TV series are set. And now canon stories like The High Republic series are doing the same for the modern Disney continuity.

Stream your Star Wars favorites right here!

Through these stories, we’ve learned of the many alien civilizations that have shaped galactic history, whether through conquest, scientific discovery, interstellar exploration, or some smaller action that still led to a massive sea change in the galaxy. Here are a few of these civilizations that you should know…

Gree, Kwa, and Tythans

The Gree are so ancient that they predate known history in both Legends and Disney canon. Even the most authoritative Gree scholars didn’t know the full scope of their civilization’s history, but we do know that these six-tentacled cephalopods were one of the first alien races to develop a form of hyperspace technology and explore the stars. While the Gree settled many planets and built an empire, they most famously discovered Tython, a once-hidden planet strong in the Force that would become the birthplace of the Jedi Order.

While the Gree had long abandoned the planet (and the known galaxy) by the time the pilgrims who would become the Jedi arrived on their massive pyramid-shaped arks known as the Tho Yor, they weren’t the only ancient civilization to live on Tython before the days of the Jedi. Next came the Kwa, who were actually contemporaries of the Gree. They were best known for having built the Infinity Gates, a network of structures that allowed them to travel from one point in the galaxy to the other instantaneously — a far more advanced method of interstellar travel than even hyperspace.

But much of this Kwa technology and knowledge had been lost to time when the Force-sensitive pilgrims representing many of the galaxy’s species arrived on the planet and formed the Je’daii Order, the precursor to the religious faction of protectors we know today. These people are also referred to as the local Tythans, an ancient civilization that studied and learned to wield the Force, both the light and dark sides…

Rakata

During the time of the Gree and Kwa, there was also the vicious warrior race known as the Rakata, a primitive cannibalistic society that would one day escape their home world of Lehon and conquer the rest of the galaxy to form the Infinite Empire. Originally discovered by the Kwa, the Rakata learned about the ways of the Force from the more advanced species and quickly embraced the dark side. They created Force-powered hyperdrives and captured Force-sensitive slaves to power their ships, and when they turned on the Kwa in order to take the Infinity Gates for themselves, the Kwa were forced to destroy the network. Ultimately, the Rakata wiped out most of the Kwa, and what was left of that once-advanced civilization eventually devolved into a species of creatures known as the Kwi.

Needless to say, the Rakata were known for two things: their immense cruelty and the massive empire that connected over 500 planets. At the height of their power, the Rakata developed many other Force-powered technology, including the Star Forge, a space station that fed on the dark side and the energy of a nearby star to create an endless supply of battleships and weapons for their war machine.

But like all empires, the Infinite Empire eventually fell. Millennia of wars with other races, in-fighting, and a mysterious plague that cut them off from the Force left the Rakata broken and virtually extinct. The few Rakata that remained centuries later no longer even knew how to power their own technology.

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Sith

The original Sith that existed tens of thousands of years before Palpatine hailed from the planet Korriban (known as Moraband in the new canon) and were very different to the Sith Lords you know from the movies. In fact, the ancient Sith were a unique species of humanoids with red skin and facial tentacles with their own culture and traditions. But they do have one thing in common with the villains of the Skywalker Saga: they worshiped and practiced the dark side of the Force.

The Sith species eventually interbred with a faction of Human Dark Jedi outcasts who had left the known galaxy after a long, bloody war with their light side-worshiping counterparts (a story for another time). It was during this period that the Sith people amassed a great empire of their own and fought many wars against the Republic and the Jedi.

But more long-lasting than their ancient empire — long dead by the time of the movies — are their traditions, religious belief in the dark side, and the many artifacts and teachings they left behind for the Palpatine’s order of Sith to discover and use to conquer the galaxy. Sith holocrons scattered across space contained many great secrets about the Force, while tombs located on Korriban were home to the histories of many of the greatest Dark Lords of the Sith, including one worshipped by the Sith Eternal in The Rise of Skywalker. Without this ancient species, there would be no Sith as we know them today.

Mandalorians

Thousands of years before Boba Fett, the Clone Wars, and the Great Purge, the Mandalorians were known as fierce invaders and conquerors, a race that valued a good fight over all else. Both Legends and Disney canon tell stories of Mandalorian Crusaders who left Mandalore on a campaign of conquest that stretched all the way from the Outer Rim to the Inner Rim of the galaxy. Along the way, they fought great wars against the Jedi and the Republic.

While Disney canon has only alluded to a long conflict with the Jedi, the Legends continuity went into much more detail about the Mandalorian Wars, a 16-year conflict that left countless dead, at least one planet completely shattered, and led to the rise of a new Sith Empire that further devastated the Republic. It was during the aftermath of the Mandalorian Wars that many Jedi also broke away from the Order, turned to the dark side, and joined the Sith, sparking a Jedi Civil War that itself would lead to the near-extermination of the Jedi.

In essence, the Mandalorians’ initial salvo against the galaxy and its protectors escalated into a massive conflict beyond even what this warrior race could have ever imagined, and their legacy is in part immortalized by the role they played in ushering in a key moment in Jedi and Sith history.

Chiss

The blue-skinned and red-eyed Chiss are a mystery to most. In fact, besides the infamous Grand Admiral Thrawn, few Chiss have ever operated in the known galaxy, preferring to instead rule their empire in the uncharted, difficult-to-navigate, and dangerous region of space known as the Unknown Regions (where the Sith planet Exegol from The Rise of Skywalker was also located). Republic historians knew very little about the origin of the Chiss or how they formed their hidden empire, but one theory suggests they evolved from a forgotten group of human colonists who traveled into the Unknown Regions and never returned.

But while most Chiss preferred to keep to themselves on their home planet of Csilla, and the Chiss Ascendancy largely remained neutral in most galactic conflicts, Thrawn changed all that, bringing Chiss brilliance and strategy to the forefront of the Galactic Civil War. Legends introduces Thrawn as the new leader of what’s left of the Empire after Return of the Jedi, while Disney canon introduces him much earlier as a Grand Admiral operating at the height of Imperial power before the Original Trilogy. Regardless of the entry point, this master military tactician left an indelible mark on the galaxy, securing his people’s place in history, even as the Chiss as a civilization continue to confound scholars.

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Kaminoans

Although we didn’t actually get to see this era of Star Wars until 25 years after A New Hope, the Clone Wars have been a key part of the history of the galaxy far, far away since the very beginning. In fact, a brief mention of the Clone Wars in the first movie was one of the first signs that there was a big, epic history beyond the scope of the story being told. Obi-Wan describes the Clone Wars as the stuff of legend to a young, impressionable Luke, a time when the Jedi were at the height of their power. Of course, the Prequel Trilogy painted a much bleaker picture.

Regardless of the point of view, few would argue that the Kaminoans played a pivotal role in the Clone Wars, not only as the creators of the clones themselves but as the civilization that pretty much single-handedly turned the tide of war and set the stage for the Empire’s rise to power and the near-extinction of the Jedi. Before the Kaminoans delivered its massive clone army, the Republic had no army of the scale needed to fight the Separatist forces threatening to dismantle the galactic government. But by the time Palpatine was ready to unleash his ultimate plan at the end of the Clone Wars, he had the endlessly renewable fighting force he needed to do whatever he pleased. And thus, a largely benevolent alien civilization’s dark legacy was solidified.

Geonosians

The future Emperor and Dark Lord of the Sith didn’t just have designs for a grand army that he’d one day turn against a weakened Jedi Order, he also wanted to build the ultimate superweapon with which to control the rest of the galaxy. When it came time to begin construction of the dreaded Death Star, Palpatine turned to the industrious Geonosians, an insectoid species with the ingenuity needed for such a massive undertaking.

Geonosis will always be known as the planet where the Clone Wars began, but it was also the site of one of the most consequential military achievements in Star Wars history, as Geonosians set out to not only design the plans for the deadly space station but build it in the planet’s orbit. But their efforts were not rewarded. Not only did the Geonosians suffer terrible casualties for their part in the opening battle of the Clone Wars, but once the Emperor had no more use for them after the war, he ordered his forces to poison the planet with gas that effectively sterilized and killed the entire Geonosian population. The goal of this monstrous genocide? To keep the Death Star a secret until the time was right.

Bothans

While the Geonosians were key to the Death Star’s design and construction, crafty Bothan played a pivotal role in ending the space station’s reign of terror once and for all. You likely remember Mon Mothma’s words in Return of the Jedi: “Many Bothans died to bring us this information.” It’s a solemn moment that barely scratches the surface of one of the most consequential espionage operations ever conducted.

Known for their cunning and elite spy network, the Bothans worked tirelessly to secure the location of the second Death Star project. These spies also discovered that the Emperor planned to visit the station, presenting the perfect moment for the Rebellion to strike at the very heart of the Empire. The result of Bothan sacrifice was a killing blow to the tyrannical government and the death of the Emperor.

Yuuzhan Vong

One of the most controversial races ever introduced to Star Wars, the Yuuzhan Vong came from outside the known galaxy and played the role of classic alien invaders hellbent on conquering all planets in their path. They were known for their bio-organic weaponry, armor, technology, and vessels as well as for being largely impervious to the Force, making them the ultimate foe for Luke Skywalker’s New Jedi Order in the Legends continuity.

The Yuuzhan Vong waged a war on the New Republic that not only led to the death of Chewbacca and Anakin Solo, the youngest son of Han and Leia but to the dismantling of the galactic government itself. Everything the Rebellion had fought so hard for during the Galactic Civil War was shattered. Whether you like them or not, the Yuuzhan Vong took down the New Republic in Legends canon more than a decade before we even knew what the First Order was.

Let us know in the comments if you think we missed anyone and we may add them to the list!

The post Star Wars: Alien Races That Changed the Galaxy appeared first on Den of Geek.

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[buffpidgey]

Edward Elric Is a Political Powerhouse And Doesn’t Know It

I said I’d write something about Ed’s political potential. Here, have 2,065 words about Ed’s political potential.

Edward Elric is the youngest State Alchemist, earning his position at age 12, because he is a cheeky little shit. 

Edward Elric makes a name for himself as a competent independent actor, when Roy Mustang sends him on missions.

Edward Elric is a hot political commodity.

It’s a pity he doesn’t give a shit.

There’s a common trope in FMA fanfic where Ed is approached by another military official, wanting Ed to join him. I can’t really remember seeing this happen in canon, but, I do think it is something that could and probably has happened. (Unless there is some kind of military reason this WOULDN’T happen, but I am not aware of something like that, and furthermore, Amestris’ military also functions as a political entity so there would probably be leeway for at least unofficial actions like this)

In those fanfics, Ed always declines the offers. Those military officials don’t know his secret like Roy does, and Ed has no patience for their political posturing.

If he DID though, he would have quite a bit of influence if he wanted it. And while a non-negligible part stems from his undeniable abilities as an alchemist, I would argue much of it comes from his status as something of a Folk Hero.

(Under a cut cuz 2,065 entire words)

The idea of folk heroes is one that’s been played with for a long time- hell, we even have a hero from hundreds of years ago (Robin Hood) who has hung around because that idea is still popular. 

One of the things that go hand in hand with folk heroes is a repressive local regime. With Robin Hood, it was the Sheriff of Nottingham and the usurper king (represented in the Disney version as scrawny lion). In the case of The Man They Call Jayne and the mudders, it was the bosses who worked those folks hard for no pay.

With The Peoples’ Alchemist, it’s... well, technically it’s the entire Amestrian government, but while Ed is a State Alchemist, it’s just corrupt officials. 

ALCHEMISTS IN AMESTRIS

The motto an alchemist is supposed to follow in FMA is: “Alchemist, be thou for the people.” In a largely agrarian society that’s just leaning into the industrial revolution, like Amestris, someone who could easily fix tools, repair buildings, act as a doctor, or even control fire (depending on the alchemist’s skill level and specialty) are all things that could very much provide a huge advantage and security to a community that could support an alchemist.

Which is probably what needs to happen, since you can’t do alchemy without a lot of studying.

So an alchemist who completes that study, is supposed to turn that awesome alchemical power back to the benifit of the community. By running off to the military, that alchemist is basically taking the community’s downpaiment made during that alchemist’s training, and running away with it, while giving the community nothing.

(And this reasoning totally ignores the Spiderman Maxim of: with great power comes great responsibility.)

Then the alchemist goes specifically to the military. Since its ... founding ... Amestris has been run by war hawks, who look for any excuse to start a land-grabbing war. Of course, war is a serious drain on both people and the economy.

Those who AREN’T in a position for war profiteering (basically most of the population) don’t want war. They get coerced into war through various means anyway, and end up losing family over it. So yeah, Amestris may be basically a military dictatorship with a few democratic trappings, but there is a reason that Roy Mustang went into the military to change the country’s politics, and not the parliment.

With great power both politically and martially, the military is gonna start feeling entitled. Especially ranking individuals within the military. Absolute power corrupts absolutely, and the military structure is really bad at promoting accountability.

So when alchemists go off to this institution and they get caught up in the absolute corruption it’s a double blow to the people, because it’s like watching your community’s nice doctor go off to design bioweapons.

Into this situation, enter Edward Elric, the Fullmetal Alchemist.

THE THINGS ED HAS GOING FOR HIM

Edward, as I mentioned briefly in the beginning of this post, has an amazing skill in alchemy, and is a competent individual. The first of these qualities got his foot in the door. The second kept him in his position of State Alchemist. From there, though, this competent alchemist was able to unintentionally forge his reputation of the Peoples’ Alchemist.

In a situation where State Alchemists are seen as dogs of the military at best, and living genocide machines at worst, Ed managed to break through that image to the point where people actually love him enough to flock around him in awe. (Well, flock around Al, who they THINK is Ed)

Garnering that kind of admiration is no mean feat. We know HOW he did that- Ed’s adventure in Youswell laid it out pretty well. The point is, Ed is seriously popular.

Because FMA is Ed’s story, and Ed doesn’t care about politics at all, we never see other government/military officials. Well, we never see one who is genuinely popular with the people. But looking at how dramatic Ed’s reception is, how determined Roy is to change things, and what we know about how Amestris was formed, it���s easy to assume that the average citizen doesn’t have a lot of real say in important things.

What hope the people have in positive political or social change rests in figures who are already in power who act in ways that visibly benefit them. Given the cast of political actors we’ve seen in canon, the only person who is VISIBLY acting on behalf of the people is Ed.

Which means that you could argue that Ed is the single most popular political figure in ALL OF AMESTRIS.

That’s not to say that I do think he IS, just to say that it’s possible. I’m sure there are other do-gooder reformers. They likely are either stuck in dead-end assignments or aren’t as visibly effective.

Either way, Ed is the single most popular State Alchemist, and given that as a State Alchemist, he has a rank equivalent to Major, and even as someone who only knows vague facts about military structure from what she’s found on wikipedia, (A major has the authority to command units up to 300 strong) that is an IMPRESSIVE and IMPORTANT position of authority.

TIME FOR BADLY APPLIED FRENCH HISTORY

When learning about The French Revolution (not the Les Mis one) I learned that French society was divided in three unequal parts, and that the largest population was also the poorest, and also had 100% of the tax burden. I’m pretty sure that’s not how Amestris is, but I will tell you that that fact made a very big impression on little me after growing up listening to (and basically memorizing) the 25th Anniversary Version of Les Miserables the Musical (Mom is a music nerd) where a not insignificant thing that sets off the revolution is the death of Lamarque.

According to the students and the chorus, Lamarque is the only one who “speaks for the people here below”. When this dude dies, the students decide it’s time to topple the government since the ONE GOOD THING about it just died. They ultimately fail to topple the government, but Lamarque made that much of an impact on them.

Ed is NOT Lamarque. His goal isn’t to make things better for The People. And yet, he has so much pull among The People, that he has a rep and a nickname, after less than four years of work. Four years seems like a lot for many people, but in the grand scheme of things, four years from “absolute beginner starting point” to “national figure” is almost unnaturally short. Especially in a world where the newspaper is the main source of news.

In political systems where power is intentionally concentrated at the very top (fascism, dictatorships, monarchies), and the people have very little explicit political power, they are not completely powerLESS.

Their power is ill-defined and even harder to actually access in a specific way, but, being able to gauge the feeling of your citizens is important in remaining in power. Even citizens with only a facsimile of political power still can make their opinions known. And if that opinion turns to ‘those in power have to go’, well, it’s better to not let it get there, right?

POPULARITY AND POLITICS

In the case of Amestris, they have made their opinion of Ed pretty clear. His reputation is no secret to those who pay attention. While gaining a positive reputation is harder than gaining a bad one (the saying is ‘lie down with dogs, rise up with fleas’ not ‘stand in a rose garden and smell of roses’) association with Ed would probably be beneficial for those who wish to play the political game.

Without going out and specifically doing work good deeds, becoming Ed’s commanding officer would mean that you get to take partial credit for everything he does. That’s, like, how commanding officers WORK.

This partial credit for Ed’s very popular corruption-smashing would translate into some pretty sweet political clout, since you are presumed to be a source of popular political action. Popular political actions being easier to implement, even in places where democracy isn’t really a thing.

Of course, that is assuming that Ed doesn’t want to wield his popularity himself.

If Ed wanted to, he could decide that he wants political authority and use the popularity he’s found as a stepping stone to launch himself higher up the ladder than he is already. While his age and political inexperience would hamper him, if he played his cards right, Ed could become a political force equal to the vast majority of the population of Amestris, in addition to the military power he holds by being a State Alchemist.

THE DANGERS OF ALL THIS BUSINESS

Because Ed DOESN’T decide to become the Avatar Of The People’s Will in Amestrian politics, he leaves any handling of his political clout to Roy Mustang. And as I said earlier, that sure does boost Roy’s own political clout.

And I’m sure that Roy appreciates that.

He DOESN’T appreciate having to absorb any negative political blowback whenever Ed unseats someone’s nepotistic pet project. 

There is also the danger of what could possibly happen if Ed were to die in Suspicious Circumstances.

I don’t think that Roy would immediately be assumed to be the one who had Ed “taken care of”. But it would all depend on how Ed died, and the current state of the country when he died.

Assuming Ed died during, say, a year with a good harvest when things were generally quiet, there would likely be some kind of public mourning, but it would probably be akin to when David Bowie died.

If he died very suspiciously during a bad year... things could get ugly. If a people thinks that there is nothing to lose, they will take no prisoners.

In that situation of course, Amestris gets throw into another civil war since the people believe their government killed off the only person who was perceived to be on their side.

Of course, that never happened in canon, but sometimes I think about the bad things that could happen, politically, if something happened to Ed.

Conclusion

Ed’s focus is only on restoring his and Al’s bodies, but his little side trips to help people when he finds assholery has given him a reputation that would immediately catapult him to VIP in Amestrian politics if he so chose.

This reputation, along with Ed’s undeniable skill, is probably pretty useful to Roy Mustang’s own political standing. Roy doesn’t give Ed that long leash just because he feels sorry for the kid. Ed roaming around being The Peoples Alchemist earns HIM political points too

If anything bad ever happened to Ed in any kind of public way, though, the Amestrian people would want SOME kind of vengeance, and depending on the situation, Ed might could probably maybe start a war. Or even a civil war, depending on how he died...

It’s probably one of the reasons the homonculi are so concerned with making sure this particular “human sacrifice” stays safe.

[retro-friki]

Shoujo Kakumei Utena Manga Recap: To Till or The Plot Actually Happens

Last time, we read the introductory arc of this manga, however wether you only saw the anime or this humble post is your first contact with “Revolutionary Girl Utena”  it doesn’t really matter if you haven’t read the introduction, the characters and most plot threads that appear there are never spoken of again so if the manga doesn’t care about them, neither should you (unless you want to take this quiz). The real story starts here. So first allow me to present you to the main characters:

Utena Tenjou: The protagonist, she was saved by a prince when she was little and now her dream is to to find him and emulate him. Not very bright, but at least she’s good at basketball.

Anthy Himemiya: She’s supposed to have a protagonic role but the manga often forgets that she’s a character. We could describe manga!Anthy as a total cutie with mysterious powers. What kind of mysterious powers? We’ll find out soon.

Wakaba Shinohara: Best friend ever, 1000 times better than Utena’s other “best friend” from the introductory arc. If the universe was fair she would be Utena’s girlfriend, but we are in the worst timeline and Wakaba has a terrible taste in men.

This douchebag (A.K.A Kyouichi Saionji): He’s a total asshole and would probably die alone unless he hooks up with…

This other douchebag (A.K.A. Touga Kiryuu): He’s the reason of like 69% of my frustration with this manga. I even wrote an essay about it.

These other two members of the Student Council: Are not important… yet. Let’s wait till next volume to learn more about them.

Anyway, let’s go straight to the story. Naive tomboy Utena Tenjou enrolls in the prestigious Ohtori Academy hoping to find her beloved prince that saved her many years ago. Meanwhile, the Student Council of Ohtori –– a very exclusive group formed by misguided teens –– dedicate their time engaging in sword duels in order to “win” the Rose Bride, a girl called Anthy Himemiya who has the legendary Sword of Dios inside her…. literally.

Quite, literally. (Also, what’s wrong with Saionji’s face?)

Legend has it that whoever possesses Anthy and wields the Sword of Dios will have the Power to Revolutionize the World. If you have never seen the anime and all this mess confuses you, let me warn you that this isn’t the weirdest part of “Revolutionary Girl Utena”.

At the beginning of the story, Anthy is engaged to Saionji (the douchebag), how did this happen? not even the most cultivated utenologists know for sure, so don’t ask me. As we have stablished before, Saionji is a total jerk and treats Anthy badly (he claims he loves her even if he slaps her frequently) however, this isn’t what prompts our local hero Utena Tenjou to kick his butt, turns out that her best friend, Wakaba, was in love with him and Saionji broke her heart and humiliated her publicly. Utena proceeds to challenge him to a duel which he accepts because he wrongly thinks that she’s after the Rose Bride.

The ring that the prince gave Utena when they met is actually a key that allows her to enter the very secret Dueling Arena where the Student Council hold their very secret duels. The place looks really cool actually.

(Notice the castle in the sky? This is normal in “Revolutionary Girl Utena”)

Even if she doesn’t know anything about this Rose Bride stuff, Utena manages to beat Saionji by using a broken wooden sword no less, because sometimes she can be a badass like that. Thanks to this, Utena earns the Sword of Dios, which causes her to go all Super Saiyan Pink.

(what? you thought I was joking?)

Touga –– the Student Council President and also a total creep–– was watching the duel in secret and gets very surprised when he sees Utena wielding the Sword of Dios. Apparently Utena is the only one that has managed to activate the sword’s enormous power. He gets so excited that he jumps into the dueling arena and declares that he could be falling for Utena. The girl feels flustered and gets out of there as fast as she can…leaving Anthy behind. Good job, hero.

However, running away doesn’t mean that Utena is free from all this mess, soon enough she learns that she’s now engaged with Anthy and that both of them have to live together in the East Hall dorms (alongside Anthy’s weird “monkey”). Anthy explains that now that they are engaged more Student Council members are going to keep challenging her to duels on an attempt to win Anthy from her. Utena wants none of that nonsense and she decides to investigate, however. she gets distracted when she finds someone that looks like her prince at the rose garden. Just when she tries to get to him, Touga appears out of nowhere and kisses her…

Ugh...

For some reason this particular kiss scene keeps appearing again and again in other iterations of the story like the musical and the light novels. In the manga there’s two pages of this and the second one is beautifully framed with roses. This is supposed to establish Touga as the charming playboy he is…but actually, the whole thing is annoying at best and gross at worst, not even the protagonist herself is happy with getting her first kiss from that guy…however, to be fair, it’s better than getting kissed in the seat of a car by a guy who doubles your age while your friend is watching… so yeah.

After that unpleasant experience, Utena asks Touga what’s going on. He explains that all the Student Council members get a ring just like Utena’s that helps them to access the Dueling Arena and fight in order to win the Rose Bride. They do this under the orders of a mysterious entity known as “World’s End” who only communicates with them via letters and who has assured them that having the Sword of Dios that lies within Anthy will grant them enough power to accomplish whatever they want. Yeah… sounds legit. Touga invites Utena to a dance and promises to tell her more about “World’s End”, however, the girl refuses.

Shortly after, Utena finds Saionji slapping Anthy AGAIN (this happens a lot in the story), she stops Saionji and tells him that if he has any problem with Anthy being engaged to her, then he should duel her again. Anthy is surprised that Utena is now getting involved in the duels. Utena says she’ll keep fighting until she finds out what’s really going on.

That night… (or some night, the manga isn’t good at telling how much time has passed), the girls receive a package from Touga with a pair of dresses for the dance, Utena still doesn’t want to go but she wants Anthy to socialize with more people and anyway, the plot needs them to be there so off they go.

Utena takes this opportunity to ask Touga about “World’s End” but the guy doesn’t tell her anything because he only wants to talk about how pretty she looks in the dress that he got her. Utena just wasted her time and she didn’t help Anthy at all since she left her behind. Meanwhile Anthy is being bullied and slapped, again. Look, if you’re taking an introvert to a party you MUST hang out with them and ensure that they are comfortable at all times! This is Handling your Introvert 101, Utena! Get a grip! To make things worse, Saionji appears, takes Anthy with him and tells her that he chose the dress she’s now wearing. Now I wonder if buying dresses for girls is Touga’s signature move and Saionji, being the big loser that he is, attempted to imitate him.

Our hero tries to rescue Anthy but, in a total dick move, Saionji keeps Anthy away from Utena and then proceeds to attack with a sword. Utena is defenseless because she can’t get the sword of Dios and also the plot has decided to turn her into a damsel in distress again. Now, I’m not expecting the hero to be a total badass who can win a fight with her bare hands (although that would be awesome), it’s ok if Utena is defeated sometimes, however, what really bugs me from this particular development is… well we’ll find out next time.

(If the manga can end on a cliffhanger so can my recap).

See you.

[academiablogs]

Is Genre a Four-Letter Word?

Here are the plots to three novels: can you tell which are fantasy novels? * The son of a twisted duke is killed in a bizarre accident, and his innocent fiancée finds herself a prisoner of a haunted castle, pursued by the duke himself. Only the strange, twisting corridors of Otranto can save her now, where statues cry bloody tears and giant helmets exact their unholy revenge.

* A sailor is shipwrecked on an island and wakes up to find that ant-sized people have captured him. They dub him the “Man Mountain” and force him to do various menial tasks (like saving the entire kingdom with his own urine), until, terrified by his potential power, decide to kill him and parcel off his body to various parts of the kingdom. But the “Man Mountain” has other ideas...

* Two knights are captured in battle and thrown into a dungeon for life. Through the bars, they glimpse a garden outside tended by a beautiful woman: both of them fall madly in love with her, and vow eternal hatred on the other, since only one can lay claim to her heart. Eventually, one knight is pardoned while the other manages through subterfuge to escape. Once free, the second knight prays to Mars to assure him victory, while the other prays to Venus; both god and goddess grant each one success in love and battle. This causes quite a debate in Olympus, and Jupiter has to stand in judgment as to which lover will live with the maiden—and which will die in defeat.

So which are the fantasy novels? The answer is simple: none of them. Each one is a work of “classic literature” published by academic presses and used in tens of thousands of high school and college classrooms each year. The first one, and the trickiest, comes from Walpole’s early gothic novel, The Castle of Otranto (1764). The second, a little more familiar to most, is from Swift’s Gulliver’s Travels (1726). And the final one, a plot which the author borrowed, and which Shakespeare also stole for a very late play, is from “The Knight’s Tale,” the very first installment of The Canterbury Tales (1476). So search as you will through the fantasy and science fiction section of the bookstore (or clicking through the same section in Amazon), you won’t find a single copy of these books. They’re all great literature, classics, poetry, or the more popular term, literary fiction.

And yet, if someone borrowed one of those plots today to weave together a novel where an astronaut lands on a strange planet of tiny aliens who abduct him, would that also be literary fiction? Or even just “fiction”? No, it would be science fiction, genre fiction, and to some people, merely “pulp fiction.” The same is true for any number of books with knights, haunted castles, shipwrecked sailors, or indeed, most works set in the ancient past. Fantasy. Juvenile literature. Maybe Young Adult at best. The implication is that these plots aren’t sufficiently literary to engage our minds or to make us think, feel, and examine the “human drama” that continues to be enacted.

Unless, of course, a book sells particularly well...then people start hedging their bets. The Harry Potter books, for example, have always held a respected place in the fantasy section...though you can also find them in Young Adult and mainstream fiction (depending on the bookstore). Or what about The Martian? Basically Robinson Crusoe set on Mars...yet you will rarely find it in the science fiction section. No, it’s “fiction” through and through. Why? Simply because it sells well and people like it—and that goes for people who have never watched an episode of Star Trek or read ten pages of Dune. So if a plot doesn’t doom a novel to a specific genre, why is that so often the case in traditional publishing? Why isn’t Frank Herbert (who wrote the Dune books) also found in fiction, when his books are more complex and interesting than The Martian, and why does J.K. Rowling get the literary mantle when it is forever denied to someone like Clifford Simak or Robert E. Howard (both of whom have sold countless books themselves)?

(Herbert’s Dune series pictured above). In the end, the problem lies with the bugbear of “realism,” which is hilarious given that we’re talking about fiction. If a book isn’t sufficiently realistic then it is seen as less important, or less serious, than the more “sensible” books in the market. Even among the science fiction community, there is often great snobbery about books that don’t pay tribute to hard science and instead fall back on the softer science of Star Wars (I’ve heard day-long debates on whether or not ‘parsecs’ is a measurement of speed or distance—as in Han’s comment, “it made the Kessel Run in less than 5 parsecs”). The Martian is given a pass since it’s composed of wall-to-wall hard science—and very impressively, too. Yet Dune, which is far less technical when it comes to “folding space” is seen as a talky space opera which is more suitable for nerdy preteens than your local biology professor.

Of course, fantasy is also expected to worship at the altar of realism—we need psychologically believable characters who are always consistent and plausible (and preferably, anti-heroes). With realism goes an expectation of defying the conventional tropes, even if doing so becomes a convention in itself: every heroine is a badass, basically usurping the ‘male’ role and saving the day. Wonderful on the face of it, but what about a novel that goes back to older traditions and stories? The beauty of folklore and fairy tales is their defiant refusal to make sense: characters act strangely, as in a dream; events appear and disappear following their own logic, and it’s the work of the reader to stitch them together. God help the modern novelist who attempts such innovation! Surely there are some women who long to be princesses, or who would rather be magic users, or bards, or scholars? Does ever hero or heroine have to wield a sword to be “heroic”? Is kicking ass the only way to “kick ass”?

Worse still, if you use magic, it had better work like science! The idea that magic should follow strict rules and laws probably comes from role playing games, where it does by necessity...but this is storytelling! In the Arthurian Legends, does Merlin explain the logistics of his spellcraft? What about Circe? Do we see the actual recipe that goes into her spells transforming men into beasts? Of course not. It’s fiction, fantasy, make-believe. The sense of wonder and mystery that surrounds it is half the fun, and all the author’s intention (whoever they were). If magic existed, I imagine it would work differently for each person, much the way writing does. No one writes the same way, or understands exactly how it works. It just does. That’s why there are so many self-help books for authors, most of them contradicting each other. Would it be any different for magic and magicians?

While we all like to read a story and believe in it—Coleridge called it the “willing suspension of disbelief”—we can also take it too far. An agent once told me that Young Adult readers will only read a heroine that is the same age as they are, more or less. They want to see themselves in the novel, like wearing a costume and playing make-believe. I couldn’t disagree more. I never read to wear borrowed clothes. I read to be a spy—I want to peek on a world of wonders that I don’t personally take part in, and that looks nothing like myself. I don’t need to see myself writ large (or small) in a novel; I just want to experience something mysterious and divine, or else see the mysterious and divine in the world around me. Either one will do, but I’m not a literary narcissist; I want to read beyond and outside myself. And I don’t demand that the books make sense or follow the rules of my own world. I only ask for one thing and even that is negotiable: make me never want to close the book. Keep me turning the pages in wonder, delight, confusion, anger, and frustration. Any story that does that, in any genre, has done its work.

In conclusion, I will admit that works of fantasy and science fiction (even if they’re not classified as such) tend to keep me turning the pages more than others. I read widely and in every possible style and genre, but nothing excites me more than a story set in the distant past or the far-flung future. These are stories that simply delight me. Even when they’re old, they seem brand new. The very cover of a castle enveloped by mist with twin moons on the horizon makes me eager to crack open the book and get lost in the pages. I wager that a lot of people would feel the same if we removed the stigma of genre of “fantasy” (or whatever other genre). Look at the run-away popularity of the Lord of the Rings movies; everyone seemed to love them, even people who would have gagged at the very sight of a hard bound copy of The Simarillion. Why? Because films are almost genre neutral, as we also see with superhero films (how many fans of Wolverine actually own any X-Men comics?); the point being, that when we look at books as books, and fiction as fiction, we expand our horizons. We look at stories, and not types or genres or categories.

Reading is fun. It makes life worth living. So why reduce it to a dry set of analytics or algorithms? Only a complete idiot thinks that numbers can encompass the diverse reasons that we read and value art. Or not “idiots”—that’s too strong a term. Let’s call them “people who don’t read books.”

[luffik]

Eyes of the Swarm - Lore pt. 2 (Founders of the Realmsguard)

This post is a part of Eyes of the Swarm, my and @zlukaka​’s visual novel in development. Any feedback/comments will be loved & treasured! 

Picking smoothly up where the 1st lore post left off, with the Swarm’s violence on the rise under the new reign of its first avatar... These events are still taking place several hundred years before the time the game will be set in.

Again we added some sketchy illustrations for your reading pleasure :)

While Belgar’s role in those early days was mostly to keep Nathan safe from harm and guide him where their god wanted them to go, the blindman had been granted the power to create items from elements present in the environment around him. Nathan’s blindness was subsiding, as promised, but it was a slow process (at first he began to distinguish light and darkness, then perceive vague colors and shapes of things). And although Nathan hardly even knew how birds looked like yet, the god that nestled in their minds had been already telling him about the flying machines that he was supposed to build soon. 

Elated but also kind of intimidated, Nathan shared those grandiose ideas with his companion, since though Belgar talked to their god as well, it was usually of other matters (the god could speak to both of them simultaneously, even on different topics, but for each of them this telepathic communication was private). 

Their god instructed them to climb atop one of the pillars and build their first outpost there. Later, those strongholds perched in the clouds, high above the towns and villages of the common folk that they surrounded with their protection, would come to be known as sky bastions, and the heroes that operated from inside them, would be hailed as the Realmsguard. 

But for the first few decades, the two chosen were working alone.

One of the first creations they required to be able to get on time where they were needed most were the flying machines their god promised. And so Nathan created the first aircraft. The design was quite basic, and would be redesigned by the Realmsguard many times in the centuries to come, but that was all they needed for now.

(as you might be guessing we will be hiring a background artist for the aircrafts and such X’DDD) 

This first flying machine as well as others to be developed in the future) didn’t even have an engine - it didn’t need one. Nathan became its pilot and with his powers, he would lift it in the air, and also anchor the fighter to the aircraft and pull him back like a magnet should he require it, allowing Belgar to fight freely from the wings and leap high up or away if needed, always certain that Nathan would pull him back. This combat system, in its advanced form, would be maintained in the Realmsguard for centuries to come.

And so began Nathan’s and Belgar’s time as the heroes and defenders of the world. For many years they effectively fended off the Swarm invasions. Often simply seeing these two patrolling the area, the beastriders would turn back and flee without a fight. 

The common folk of the towns and villages cheered and pronounced Nathan and Belgar their saviors, showered them in goods and sort of even acknowledged that there’s some god that nobody can see but who wants to protect them all (Nathan kept trying to make sure all this good they were doing is attributed to their god, and not just to them, so he always told the local population that they are just the god’s messengers). Their god was nameless, so they decided to give him a name. They called him Terry in celebration of his terrible sense of humour - he always tried to make a lot of jokes to feel more human but it would take many years before they became remotely funny. Terry liked his new name.

The god was pleased with his chosen, who also grew to become his friends. He continued to offer them his guidance and power - he would do so for as long as he could, he said. Side by side Nathan and Belgar were able to even stand against Kron, the avatar of the Swarm, though these epic show-downs happened rarely and always ended in a stand-off.

The problem was, that even though Nathan and Belgar were powerful and did not age (Terry told them that they were in fact immortal, but back then they managed not to test it in practice quite yet), they were still only two people. And so when they would be patrolling one region, the Swarm would often raid some far off town or village they had already protected before, and raze it to the ground, to teach Belgar and Nathan a lesson - they could not always protect everyone.

Those incidents had Nathan going through a crisis a couple of times, since his own story was also one of a survivor of such a mass slaughter, and he felt that he failed these people, that he was personally to blame for all their deaths. But both Belgar and Terry were reassuring him that thanks to their heroic interventions far fewer people were dying than they would have without their help. After being taught the hard way that they couldn’t be in many places at once for a time being they limited their operations to an area they could always fully protect, and they did not dare to venture far out to help someone in the distance.

They sorely needed more people to join them but they didn’t want to endanger lives of mortals. Terry promised that once there would indeed be more people with powers, and that they shouldn’t lose hope, so they waited. Unfortunately there weren’t any more people with powers just yet... or were they? Wait, what was that just now? Did they just witness some small time criminal in one of the towns use supernatural powers to extract money out of a local merchant?

Well... maybe there actually were people with powers already, Terry hesitantly admitted. Apparently, children with powers - infinitely smaller than the ones the two chosen had, but powers nonetheless - started being born some quarter of a century ago, around the time when Belgar and Nathan first made their pact with Terry. But he didn’t tell them anything about it. Why? Well, he had been waiting till those people weren’t children anymore, of course, because children shouldn’t fight, right? Well, yes, but now many of them were 20+ year olds, who probably turned into criminals by now, with their powers making such life easy and profitable for them. Marvellous.

At this point, Belgar and Nathan had a bit of a squabble with Terry, wishing he’d inform them sooner, some ten years ago at least, so they could have recruited and trained these people, and saved more lives together. Terry was sorry for this misunderstanding - the concept of time for him was still an abstract, quirky thing that he was trying to get a hang of. The quarrel ended with Belgar saying that what’s done is done and that setting criminals straight was nothing that he couldn’t handle. 

And so they set out to find the people with powers to join their cause - and they succeeded. Joining the heroes was alluring, offering a life of glory, and promise of immortality. The new recruits possessed weaker powers, since they did not serve as a vessel for a god, so as such, they were still mortals - yet Terry and Nathan had been preparing for this and by that time Nathan had almost finished constructing what was supposed to be a resurrection system, which would offer immortality to anyone granted with powers who decided to join them.

Unfortunately, once the Swarm’s avatar realized there are people with powers, he employed the beastriders to roam the world in search of them. And to Kron it didn’t matter if they took a grown men or kidnapped a toddler. The Swarm had strength in numbers, and so many people with powers fell into the wrong hands and were raised to become the first power-wielding beastriders. That time marked a start of a race between the Swarm agents and Realmsguard to get to such people as soon as possible, before the enemy found them.

Of course, the heroes still had the upper hand. The resurrection system that Nathan set up turned out to work (not 100% of the time, but well enough for now, and Nathan was already working on a perfected version). Additionally, Terry touched all the recruits that Nathan and Belgar deemed ready and worthy, and amplified their small innate powers with his divine ones. They still couldn’t quite compare with Nathan and Belgar, but they were far more effective than the people with powers snatched by the Swarm and could oppose them well.

And so began the times of the Realmsguard. The heroes expanded their operations, and more sky bastions were built - one day they would spread across most of their world. But long before that, the insufficient natural resources of their realm would force them to look beyond it.

For now, Belgar busied himself acquiring and training the new recruits, while Nathan pored over blueprints and drowned in research - there were still many ideas that Terry wanted him to set into motion, many inventions to bring to life. Such as the technology that would allow the heroes with powers to bond, which in turn would let them to tune in on a frequency needed to cross into other dimensions. This project was becoming crucial if they hoped to build enough aircrafts for the pilots and fighters currently in-training.

It was all going quite well, until one day a power-wielding squad of beastriders broke into their main headquarters and stole the reincarnation system together with the new realmshiting system that Nathan just finished working on. It was a bit of a dark day for the heroes and they tripled their defences around the headquarters afterwards, never to allow another such break in into the labs.

But there was a silver lining - it turned out that the Swarm didn’t really know how to use what they stole. Besides, Nathan had been already prototyping a new, flawless reincarnation system - he dropped everything else to build it as quickly as possible after this break-in and soon the heroes were back in action and immortal again, this time with no risk of malfunctions.

A bit more of domestic problems arose soon however, pulling Nathan and Belgar away from their work. Who was that Terry they kept talking about, and why had nobody ever seen him? Did he even exist? Their recruits began asking all sorts of questions and since Terry heard them all, eventually he asked Nathan and Belgar, if he should show himself to the people. They were both quite surprised to hear that question in their minds. They were used to their god being just a presence, sometimes golden light, they didn’t suspect he was even capable of taking form but once he asked, they encouraged him to do so - it was going to boost people’s morale for sure.

They took those words back as soon as they saw some weird glowing abomination... (well, Nathan, who used to be blind, was far less appalled by that first try). It took Terry some dozen attempts before both of his chosen sort of agreed that perhaps people won’t faint when they see him like that.

This was the vaguely human-shaped and sized form they finally settled on;

It was sure strange to see their god in front of them, but even this way, Terry could still speak into their minds and he was still present there, the form being just a partial way for him to manifest. Introducing Terry to his worshippers was deemed more or less a success. For sure, no one questioned that he was a divine creature. They feared him at first, but Terry was a benevolent and overly talkative god, and he was able to make friends with almost everyone he met. Soon his worship became better established and spread even further, becoming a counter-balance to the Swarm worship, although Terry insisted that was not the point. He just wanted to help and save lives.

And so the heroes continued to protect the world. They grew in numbers, and began to travel to other worlds - originally to acquire the materials they needed to advance their technology, but often standing up for the oppressed in those worlds that turned out to be populated - which was exactly what earned them the name of ‘the Realmsguard’ (more about that in the next lore post). 

Some more years passed before the Swarm established some sort of research department and finally managed to activate the technology they stole. And even though the battle against immortal beastriders was not a dream come true for the Realmsguard, the resurrection system that the Swarm had now was the flawed prototype, so there was always hope that if you killed a beastrider enough times, one time they wouldn’t come back. Sometimes they would also come back crippled, and run to join the Realmsguard, in hopes of being healed by Nathan’s perfected resurrection system (this in time resulted in the Swarm’s ruler deciding to execute everyone who came back crippled, before they had a chance to jump ship - a tradition that Vra and Otto still honor in the present times).

Like this, the power balance on both sides eventually evened out, and the race to get to the newly born realmshifters continued...

Thank you for reading! If you got this far, please tell us what you think! It will totally make our day and motivate us to keep working :3

And if anything made you curious to know more - please ask, we’d love to answer your questions <3!

The next episode will be devoted to realmshifting and to the relations between the legendary heroes of the Realmsguard and the two top agents of the Swarm!

Why did Kron send his two powerless second-in-commands - an old, personal advisor and the scrawny head of his research department - to fight the founders of the Realmsguard? Was it a wise move? You shall find out soon :P

[tokupedia]

Kamen Rider 45th Anniversary File: Wizard

2012:

The Metal Heroes Series celebrates its 30th anniversary with a mini-revival in the form of a film crossover with Gokaiger and a Gavan movie! Kenji Ohba returns as the legendary Retsu Ichijouji and a new Gavan appears: Gavan Type-G! Gavan also gets a crossover tie-in with Go-Busters to promote the Gavan movie! The Metal Heroes Space Sherrifs also crossover with the Kamen Riders and Super Sentai in Super Hero Taisen Z in 2013.

IT’S MORPHIN TIME! Power Rangers terms seep into Super Sentai with Tokumei Sentai Go-Busters, a series that tried to do some new things including a two front battle with the villains both on the ground and in a separate MegaZord.

The Symphogear Series debuts with its first season, showcasing superhero Magical Girls of a musical nature. Aoi Yuki (aka MADOKA!) , who would later be in Kamen Rider, is the main hero Hibiki Tachibana! (Ha! Tachibana!)

The Zetman anime debuts, featuring a hero called Alphas who is inspired by an tokusatsu-styled anime show.

Smile Smile Smile~ Smile PreCure! debuts and airs on the Sunday kids block with Go-Busters and Wizard. It features everybody’s favorite tokusatsu fangirl and the fandom’s unofficial mascot Cure Peace! Cure Peace’s voice actress would later go on to voice Sailor Mercury in Sailor Moon Crystal!

Ultraman Saga debuts in theaters featuring some members of AKB48 and a new fusion Ultra: Saga. A fusion of Zero, Cosmos and Dyna.

The first Super Hero Taisen film is released, in celebration of 10 years of Super Hero Time.

Takeru Satoh, aka Ryotaro Nogami from Kamen Rider Den-O steps into an awesome role as Kenshin Himura in the live-action Rurouni Kenshin movie! This is a great film, that it is- gozaru!

Cyborg 009 is revived in the film continuation 009: Re Cyborg. One perk of this film was minor changes to the 00 Cyborgs such as 003 seemingly gaining technopathic abilities and 005 trading in his stereotypical tribal marks and mohawk for a full head of hair and his markings being red “veins” that glow when he turns on his super strength. Both of these aspects would carry over to yet another incarnation.

During the time of Wizard, Japan was in pretty bad shape. It had been hit by a nasty earthquake and tsunami and Fukushima was now the location of the worst nuclear disaster since Chernobyl and became a ghost town. 

So after the tragedy, when it came time to choose the theme of the next series, Tsuyoshi Kida decided on one: Hope and overcoming despair. And given how the previous Rider was a mechanical marvel of science, the staff decided to go full opposite and have a Rider who was pure fantasy based by having a wizard as the hero. 

Kamen Rider Wizard saw a few changes, the transition from the use of Panasonic Varicams to Arri Alexa HD cameras for the cinematography, more CGI use including a few of Wizard’s forms that were fully CG. This series is also the last fall series to be premiered in September, as the staff decided to push for an October scheduling to extend the show and plug more merchandise. (In this case, the Legend Rider Wizard Rings) It also continued a trend from OOO that fans either love or hate: a “singing” Rider belt that plays a catchy tune with each form change.

But the biggest one that resonated with fans was a positive and progressive milestone, for the first time in the franchise’s history, an openly gay actor would be working on the series. Kaba-chan is also now retroactively the first transgender actor in Kamen Rider, as she transitioned from being a man to a woman after the series ended. Its certainly more progressive than western superhero movies were on that front until recently. (Ex.”Have you ever tried..not being a Mutant?”) .

Naturally, the LGBTQ community of the fandom were happy about the hiring as were activists who knew of Kamen Rider and this bit of news was featured in various articles on the web and drew praise on some forums. *Kuuga thumbs up*

We also see a more western inspired series in terms of mythology. Wizard’s dragon is European style in motif rather than Asian, the monsters are named after beings from myths and stories and have traits of those creatures in some cases. The myth of the Philosopher’s Stone is also referenced, which has an FMA bent to how it is made.

This also marked the first televised debut of a (sorta) original Female Heisei Kamen Rider...that actually lives! Granted, she does get taken out of play sometimes, but at least she survived! Though future installments of the franchise unfortunately would not be as kind (*fingers crossed for Poppy to live*).

We see how skillfully detailed some of the costumes Blend Master and PLEX would make, as the designs of the Wizard suits are fantastic. Wizard himself is very photogenic for a Kamen Rider, with a gemstone/wizard motif mixing primary colors with black and silver and a flashy leather duster coat. The gem on his face combined with the silver trim make out the “face” of the Rider and the wrists and ankles break up the black on the arms with gemstone wrist cuffs and anklets.

Sejii Takaiwa really gets a workout this season, as the Wizard costume is light enough for him to do flips, twirls and acrobatics and pull off some impressive moves and he even dual wields swords and does double gun kata this season. (He even shoots the guns Gangsta style again like he did in Den-O)

Having a magic motif, Wizard gained powers that no other Kamen Rider had ever used before as spells. Also, there are donuts, lots and lots of donuts. This is very important to know.

This series is brought to you by the magic of Plain Sugar.

There seems to be some love outside Japan for Kamen Rider Wizard in media, as a member of the Marvel Comics art team drew one of Wizard’s magic circles in a comic!

But now let’s show the Ringed Mage of Hope. Its Showtime Da!

WIZARD! PLEASE!

RIDER RIDER RIDER!

(Mr. Soma, ringed mage extraordinaire circa 2012)

Real Name: Haruto Soma

Haruto was traumatized as a young boy when his parents got in a car accident and he was the sole survivor. Before his parents died in the hospital, he was told by his mom and dad to never give up hope and be strong. 

He tired his best to live up to that and got a shot at being a pro-soccer player, but left the profession when his friend Kazuya got hurt because of him and because what happened next the following day.

Later the next day on March of 2012, he was an unwilling participant in a mystic sacrificial ritual called the Sabbath during a solar eclipse. In a moment reminiscent of Go Nagai’s Devilman, Haruto feels a demonic force emerging and nearly destroys him but his hope and determination to live drive the creature, known as a Phantom, back into his body. Most of the people around him though were not so lucky as they died immediately from their despair overwhelming them and spawned Phantoms of their own. 

This re-ignited Haruto’s survivor’s guilt and out of nowhere comes a white wizard who congratulates him on surviving after saving him from a Phantom, carrying a girl named Koyomi.  The white wizard offers him a contra-er, I mean belt and the power to save people from the Phantoms and asks to care for the girl in his stead.

Six months later, the Tokyo Police are investigating a crime and happen upon monsters in a warehouse. One of the officers, Rinko Daimon is saved by Haruto who transforms and drives them off. (Daimon...DIAMOND! I just got that. Oh, the terrible puns.)  The Phantoms were targeting Rinko as she is a Gate, a human with latent magic potential that can create another Phantom if they fall into despair. Haruto defends her again from the Phantoms and destroys Rinko’s Phantom by going into her Underworld to keep it from getting out. But as a side effect, she cannot utilize magic and is now an ordinary human.

Later, Haruto saves another Gate called Shunpei who is overeager to become Haruto’s apprentice as he has wanted to learn magic ever since he was a child. He ends up joining the group and Rinko takes an interest in Haruto’s activities using her connections with the police and communications with Section Zero of Japan’s National Security Agency.

Haruto goes around helping Gates find their hope again and in one holiday episode we learn how Santa Claus operates in the Kamen Rider Universe. (It is implied by the fact he can enter Underworlds that Santa is a wizard!)

Haruto faces some hardships as he further battles the Phantoms, but presses onward as the Final Hope of Magic and humanity, Kamen Rider Wizard!

Powers:

Agility, skill in kicking style combat and acrobatics (The kicking fighting style due to strong leg muscles from his soccer training).

Quite a lot of them actually via spells cast from the Wizard Rings:

Super Strength (Varies: Capable of becoming a buff Hulk-sized Wizard with the Excite Ring to holding a HUGE MEGAZORD SIZED AXE in Infinity form).

Skilled Marksmanship and Swordsmanship including dual wielding. Gun armed with silver bullets that can bend their trajectory to hit the target. Given the bullets are silver, yes, he can potentially kill werewolves as a bonus. Weapon can gain elemental augmentation to enhance attacks.

Strom creation: capable of creating gusts, hurricanes, thunder storms and blizzards. Capable of using wind energy to hover or propel himself in the air. Can generate massive bolts of lightning to shock his targets extra crispy. Freezing ability.

Creating localized seismic events and mystical terrakinesis (able to hurl boulders at targets, create sand or stone traps to hold enemies in), gravity distortions. Subterranean drilling.

Disguise generation or wardrobe changing.

Shield generation, varies in strength depending on what elemental form Wizard is in and how much mana he has left.

Size manipulation: Able to shrink in size to about half an inch or smaller. (A first in Kamen Rider, as J just shrunk back to normal size.) Capable of enlarging his arms to knock back waves of enemies or make his blade Zanbato sized.

Knockout spell

Light generation to blind foes or use as a way to navigate dark areas.

Create chains to bind enemies or use as a safety net.

Temporary cloning of both himself and his gear.

Elastic limbs

Creates holes for enemies to fall into/alter the environment (Ex. have water from a tank pour onto a monster) or for a quick getaway.

Noxious stink fumes.

Enter mirrors like Ryuki does

Time travel, maximum effect seen is 5 years into the past. Exact limit unknown. 

Teleportation

Summoning familiars to aid him.

Astral projection of his Rider form to defend his own Underworld

Portal creation, mostly utilized to grab things Haruto has left behind (like his donuts) or for handy storage of his gear in a pocket dimension to call upon when needed.

Rider Finisher spells

Flame and Water Generation

Water gel form like Black RX Biorider form.

Wings, Claws, Tail and fire breathing dragon head via merging with WizarDragon.

Can create Christmas joy by restoring gifts (temporary power given by Santa)

Summon other Kamen Riders to his location immediately in an emergency.

Weaknesses:

Despite the awesome power he wields, Haruto’s spells are governed by mana. Based on early episodes, the mana of this series operates under a kind of Equivalent Exchange methodology. Use a spell, it drains the body’s energy to create the mana to cast it. The stronger the spell or the more spells are used, the more energy the caster burns unless they “level up” thier magic by training their bodies and gaining more power from the Phantom inside them or external mystical devices enhancing the magic. 

As such, Haruto needs to eat high calorie foods or high sugar foods such as donuts to keep his metabolic rate stable enough to avoid going into shock or simply passing out. Resting does help too, so Haruto is a heavy sleeper when his mana runs dry. Mana can also be siphoned away from Haruto if a spell is used or some apparatus capable of such is present. If his mana gets low, his spells are not as effective and weaken and eventually the Wizard Driver will stop working

If Haruto’s spirit is broken and he falls into despair, he risks his Phantom getting out and that would result in him dying and the WizarDragon wearing his flesh as a suit to blend in until his next meal. (Though that danger is no longer 100% present as the two have made a mutual agreement and respect one another after the birth of Infinity form).

If his Underworld is entered by a Phantom or other mystical being, his powers could be destroyed if Dragon dies. This would render him Muggle and thus able to be killed as he would have no magic to defend himself.

The Wizard Driver can be jammed by sticky substances or prevented from being used by binding Wizard’s hands away from the Hand Author buckle of the belt.

The Wizard Rings are sometimes fickle, as some of them have spells that can be only cast when the target of the spell is wearing them (ex. Sleep Ring). The Rings are also somewhat fragile, as a Rider Punch can break them if Wizard isn’t careful. This puts a disadvantage to Wizard as he can only use grappling, spells and palm strikes in close combat and must compensate by using his weapons and legs. (Though the Dragon forms make up for that as Land Dragon and Infinity Dragon use claw attacks.)

Haruto was shown in the Wizard finale special as unable to defend himself against the super speed of the Worms, meaning speedier enemies or Riders such as Kabuto can possibly outmatch him.

Last is a more psychological one, Haruto has an acute case of survivor’s guilt that does affect him, but in a mostly positive constructive way. However, he does have weaker moments where his failure to help someone can weigh heavily on him (Ex. Koyomi), even distancing himself from his old life before becoming a Kamen Rider.

Gear:

http://kamenrider.wikia.com/wiki/WizarDriver

http://kamenrider.wikia.com/wiki/Wizard_Rings

http://kamenrider.wikia.com/wiki/Wizard_Ring_Holder

http://kamenrider.wikia.com/wiki/PlaMonsters

http://kamenrider.wikia.com/wiki/WizarSwordGun

http://kamenrider.wikia.com/wiki/Machinewinger

http://kamenrider.wikia.com/wiki/Wizard_Ring_Box

http://kamenrider.wikia.com/wiki/Drago_Timer

http://kamenrider.wikia.com/wiki/Magic_Stones - Not really part of the gear, but an essential for crafting new Rings to cast new spells.

http://kamenrider.wikia.com/wiki/WizarDragon

Signature Finishers:

Kick Strike: Wizard’s Rider Kick, comes in various elemental forms but mostly the same as wizard does some flashy acrobatics or jumps to execute the kick after charging power from the magic circle under his feet. A variation called the Strike End utilizes WizarDragon transforming into a giant flaming clawed boot and Wizard kicking it to smash his foes with the force of a meteor.

Slash Strike: Standard Rider Slash. Variants involve using elemental power, enlarging the blade with the Big Ring or cloning the WizarSwordGun for a double slash. The Dragon forms enhance the power of these attacks.

Shooting Strike: Standard Rider Shooting attack. Can be augmented with elemental power and can be used in a double shooting attack if Wizard could pull off scanning both WizarSwordGuns. The Dragon forms enhance the power of these attacks.

Dragon Breath: Flame Dragon’s finisher, a Rider Shooting attack. Wizard Flame Dragon scans the Special Ring and WizarDragon’s head on his chest comes alive and the Rider flies up and rains a massive burst of flaming dragon breath upon his foes.

Dragon Sonic: My personal favorite of the Dragon finishers. Wizard uses his wings and super speed as Hurricane Dragon to creates a powerful gust of hurricane wind around the enemy, lifting them into the air, he then scans the Thunder Ring and repeatedly zaps lightning bolts at the target then fries the Phantom with one huge skyscraper sized lightning bolt.

Dragon Smash: Wizard Water Dragon freezes his target with the Blizzard Ring, then skates to it with an ice magic charged Dragon Tail and uses the tail as a sword to slice the enemy in half.

Dragon Ripper: Using gravity manipulation via the Gravity Ring, Wizard Land Dragon pins down his foe and then slashes them with the Dragon claws.

Dragon Claw: Double Rider Slash with the Dragon Claws.

Strike Dragon: Wizard combines the elemental powers of his Dragon Forms into one shot as the magic of fire, water, earth and wind hit the target and then Wizard flies at super speed and kicks the enemy so hard they go FLYING INTO THE SUN. The downside is using it and All Dragon form depletes Haruto’s power really fast so the attack must connect or else he will be defenseless.

Dragon Shining: Wizard Infinity Form charges a massive amount of mana into the AxCalibur, which makes the axe grow to gigantic size. Wizard then goes into a leaping swing to cleave the target.

Shining Plasma Strike: Wizard Infinity Form hits the Hand Author repeatedly and then throws the AxCalibur and uses his magic to manipulate its movement to repeatedly strike the target. Its movements in this attack are almost similar to Den-O’s Extreme Slash.

Infinity End: Wizard’s ultimate Rider Kick. Using the power of Infinity Dragon form’s wings to propel the kick, the skull of WizarDragon appears on Wizard’s right foot and “bites” the target before it hits. There is also a spinning kick variation and an enhanced version when he goes to Infinity Gold Dragon form.

Finale DA!

Enemies:

Sou Fueki

http://kamenrider.wikia.com/wiki/Sou_Fueki

Aka The White Wizard aka Wiseman aka Kamen Rider Wiseman 

A former physics professor who was desperate to save his little girl after she got sick, but his daughter died and he refused to accept it. He then turned away from his scientific profession and became obsessed with the occult and experimenting with it. He seems like a benevolent benefactor to Haruto as the anonymous white wizard, but he has much more sinister motives in mind for Japan and their magic users. He also pulls the strings of the Phantoms posing as their leader, all the while he does not care about them and simply wishes to restart his own plans.

As seen in his re-apperance in a Kamen Rider Ghost spin-off, he is a father who loved his kid a little too much and refuses to let her go and move on, as he proclaimed the whole world could be sacrificed of human life just so he can have her alive again. Ghost, being a hero who values life, was disgusted by Fueki and gave him a proper beatdown with the help of Wizard’s power in the form of an Eyecon.

Phantoms:

Phantoms are demonic beings that reside inside humans called Gates, individuals who possess the potential to use magic. The Phantoms goal is to try to create more of their race by repeating the process that created them; putting a Gate at thier absolute lowest by taking away thier hope and leaving them in soul-crushing despair and depression. 

This will cause the unborn Phantom to emerge from the Gate’s Underworld and kill them, with the Phantom then replacing their host’s control over their bodies, wearing them as flesh suits to hide among people until they need to change into monster form. However, if a Gate overcomes their despair and gains hope, the Phantom will be sealed back in and the Gate will have the power to use magic as a mage or wizard. Otherwise destroying it and the Gate’s magic potential is the only way to keep it from coming out. Some like Wizard’s WizarDragon are more benign after they are sealed again, though in Haruto’s case it was because he proved to his Phantom that Hope is more powerful than Despair.

While Phantoms have a clear goal, some have personality quirks that make them either uninterested in the mission or do things in a manner that go against what they were assigned to do. (Including the really dangerous ones like Legion)

Aside from Wiseman, there are three generals:

Medusa

Phoenix

Gremlin

To ensure they stay on task, the Phantoms are given Ghoul grunts to dispose of interference or aid in the endeavor. (Fear and intimidation also help as motivators for them to work) 

Phantoms are mostly extinct thanks to Wizard, but he remains vigilant as Gates are still out there. In times like these where it seems Hope is in short supply, he must prepare for any Phantom that comes. (or an evil Pac-Man)

[hellstate--rp-blog]

↪ b a s i c s ;

N A M E: Florence Wicker A G E: 20 P L A C E   O F   O R I G I N: New Orleans, Louisiana G R O U P: None F C: Madelaine Petsch

❝ One of the greatest gifts from God is the eternal perspective. It is a level of fearlessness, a level of understanding where one can experience even emotional harmony with God. ❞

↪ p e r s o n a l i t y ;

P O S I T I V E   T R A I T S: charismatic ; pristine N E G A T I V E   T R A I T S: amoral ; neurotic

↪ b i o g r a p h y ;

L I F E   B E F O R E   T H E   O U T B R E A K:

A good catholic girl was all she was supposed to be. Poised and pretty; ready to do whatever was asked of her. Florence was born to a wealthy family in the heart of New Orleans, the perfect life was already set out for her before she was born. An expected, planned little girl to join their loving family. A wonderful addition along with the daughter they already had. The Wicker household was a giant one with a lovely garden to boot. Florence’s birth was easy and problem-free, and her parents were relieved and thankful to be able to have not one, but two beautiful girls not too far apart in age. They were doted upon and cared for just like every child should be, but not too much which might have been the case with some rich families. Florence soon became the star of the neighbourhood for her impeccable manners and always looking perfect. Whereas her sister liked to play outside and get her hands dirty, Flo couldn’t even stand one red hair out of place on her little head.

She took to academics quickly, with help from her parents. She began to memorize parts of the Bible; able to recite a good deal of it before the age of ten. Church was her favourite place. The tiny redhead liked having a purpose, something to do and focus on – and she felt that God gave her the exact purpose she was searching for. As she grew though, things started getting a little more complicated. Her peers found it difficult to take to her more unconventional ways, which were honestly more of that of an old woman than a pre-teen girl. At that age though, at least everybody tried to be friends. Her mother and father didn’t think there was anything too strange in this – she was only taking after her mother who Flo was turning out to be a carbon copy of. After all, she had her sister, right? The two girls grew even closer with age, spending most of their free time out of school in the garden and making up stories.

You’d think in a public school, Florence would instantly get popularity votes with being a rich kid. That wasn’t quite how it panned out, though; her dearest sister won that title. Flo was pushed more and more into the background, especially when there seemed to be no signs of her outgrowing whatever phase she was going through. She would turn her nose up at the thought of makeup, and parties. After school she would hurry to their local church, staying there until sundown, praying and sometimes just staring into space. Some would later report that they would hear the young girl whispering nonsensical words into the air, but she was always alone. Being this attached to her Holy place, it was no surprise the effect it had on her when the old priest passed away.

Mourning and quite pushed back in her religious journey, Florence never expected to like Father Adrian, the latest priest sent to their church. At first she actually made a point to make out that he was nothing like the last and wouldn’t fit in. And he was different, far younger than any she’d seen or heard of and though she would insist it wasn’t the case, Florence noticed that. She was a teenager after all, and her interest soon became harder to hide when he showed the same fascination for her. They didn’t do anything – just talked like friends would. Florence knew she wouldn’t be able to act on what she was feeling, ever. It would be impossible. Her innocent mind had been so full of good things, she never could have guessed what that man had in mind for her.

She would later remember feeling far too warm and suffocated as the bag was thrown over her head. When she finally came to, Florence was looking at Father Adrian with brand new eyes. He didn’t hold back any information, told her where she was and being a priest was only one part of who he was. The place ( building? ) wasn’t much different than a church, but the people were unfamiliar. They were all wearing odd clothes which were identical. The girl didn’t actually think there was anything too unusual about the sect at first, in fact, she was all for joining a new community and learning. And as a naive fifteen year old, she went ahead and accepted without truly knowing what she was getting into. Then came the strange practices, the ones which were almost satanic in nature. They were small at first but she knew it was wrong. This new… community grew into such a big part of her life that Florence was almost never at home, but she was ordered not to tell a soul otherwise bad things would happen. These people, Adrian being the ringleader, stole the girl from her family and the only life she’d ever known. Florence, being the good girl she was, went along with it to avoid trouble and upsetting the man she soon came to love.

L I F E   D U R I N G   T H E   O U T B R E A K:

Those couple of years were dark, the darkest ones she had ever known. Manipulated into leaving her true faith behind, Flo soon became something else. She was no longer the content soul that sent everyone well wishes for no reason. It didn’t all feel bad, though. To her, there was a man who truly loved her and she didn’t believe he was using her accepting nature to turn her into one of them, which was exactly what ended up happening. They made her believe their beliefs were simply another form of Catholicism in order to get close to her, and then it was too late. Florence was in a dilemma. She wanted to go back to her family but she knew Adrian wouldn’t let her so easily. If she went, she’d be gone for good and she would never see him again. That could never happen, and so she went with them in their travels across America, introducing other people to their ways and fooling them into joining.

She would look back on it eventually and laugh at her stupidity. Having to sin in order to purify the soul? Inciting vengeance was doing God’s work? These were only a couple of the lies she believed and were therefore ingrained into her mind. It was going to take a lot of work to get them out and gone for good. They were in Wyoming when the outbreak began, and the girl wasn’t in the best state. Thinking her ears and mind and whole being were playing tricks on her at the mention of zombies, Flo half-believed it was yet another part of what she had gotten herself into. Had she done this? Had she summoned these creatures with these people? Was that the kind of power they wielded?

L I F E   A F T E R   T H E   O U T B R E A K:

Fragile minds break, and that was what happened to the majority of the sect. They lost themselves or their lives and Flo was no better, she just knew how to stay more under the radar. There were messages in her mind; these things she thought she was ordered to do. If she didn’t do them, her mind would never rest and she’d only be worse. The redhead soon fled the falling apart group, only regretting it once she was away from Adrian. A part of her mind – the better part – knew that everything that had occurred in the past few years was wrong. A mistake of the worst kind. Yet the other part knew that it wasn’t going to be easy to just let go and move on, to become the girl she once was all over again. More than anything, Florence misses her family. Especially her sister and can only hope that they’re all alive and safe during these troubling times.

The girl, now a young woman, still doesn’t really know what to do or where she belongs. She feels lost without the others, but is also afraid to trust. Relying on herself seems like the best option, and even that can end in tragedy. Her sanity is hanging by a thin thread, and Flo is always quick to lay her unorthodox beliefs on other people, even muttering them to herself to make her feel less mad. Like peaceful reassurances. She has found an old house that obviously held a religious family once, and she hopes that with the crucifixes on the walls she can somehow will herself back into the person she once was.

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Zoning in the US is essentially a local matter. Even the decision on whether to operate a zoning system is usually a local one. Some localities have highly sophisticated zoning systems; some have none at all. But however complex a zoning system may be, it typically remains what it always has been: ‘a process by which the residents of a local community examine what people propose to do with their land, and decide whether or not they will permit it’.

The distinction between the ideal of planning and the reality of zoning is an important one. Planning is concerned with the long-term development (or preservation) of an area and the relationship between local objectives and overall community and regional goals. Zoning represents a major instrument of this; but it is more. Indeed, it has taken the place of the function to which it is supposedly subservient. One of the reasons for this is that responsibility for land use controls has been delegated to the lowest level of local government. These local authorities have traditionally been concerned with attracting development to their areas but, since the 1970s, there has been increasing pressure from electors for their communities to be preserved as they are (or at least safeguarded from unwelcome uses such as industry, apartments and low income housing). The powers of zoning provide a very effective tool for this-a tool that can be wielded with a skill that thwarts judicial action. The contrast with planning is a sharp one: a comprehensive plan would deal not only with the needs of the existing inhabitants of an area, but also with its role in meeting the needs for housing newcomers.

Local governments carry out their zoning and planning powers within the framework of powers conferred on them by the individual states, either by constitutional home rule authority or by a specific enabling Act. What has to be said, however, is that though some states exercise varying degrees of control over local governments, most do not.

Both the federal and state constitutions include provisions which are binding on municipalities. One of the most important of these is the protection of property rights. The Fifth Amendment to the Constitution provides: ‘nor shall private property be taken for public use without just compensation’. The ‘taking issue’ (alternatively known as the ‘just compensation issue’) is at the heart of the major problem facing zoning: when does the exercise of the police power over land use constitute such an infringement of the property right as to become a ‘taking’? The crucial matter, of course, is the definition of a ‘taking’.

The Fifth Amendment also includes what is termed ‘the public use doctrine’: that property can be ‘taken’ only for a public use. The interpretation of this doctrine has changed significantly in recent decades (illustrating the changes that can take place in the constitutional framework). Until the early 1950s, it was conservatively interpreted as meaning that property which was taken had to be literally used by a public body. Later cases have further extended ‘the public purpose’.

Subdivision controls

While zoning is concerned with the use of land, subdivision regulations relate to the division of land for sale. Originally designed to keep track of the legal ownership of land and to facilitate the establishment of clear titles (thus simplifying transactions), it has grown into a formidable tool of land use planning. Published in 1928 by the US Department of Commerce, the Standard City Planning Enabling Act defines subdivision as ‘the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development.’

Though subdivision and zoning are quite distinct in origin, they have come to share some important control features. With zoning, these are built into the zoning ordinance or imposed in the administration of the ordinance. Subdivision has acquired similar features (though it is usually applied only to residential development). The first controls were restricted to matters relating to roads. These ensured, for instance, that any streets built in a subdivision would be aligned with existing streets. These controls were extended to deal with the width of streets and sidewalks, setbacks and such like. This enabled local governments to prevent the creation of lots that were unacceptably small or badly configured. But it also gave them the scope to impose conditions relating to ‘improvements’. It was not a big step, politically, to move from requiring that roads be a certain width to making the actual provision of the roads a condition of subdivision.

Large lot zoning has the ostensible purpose of safeguarding the public welfare, for example by ensuring that there is good access for fire engines, that roads do not become unbearably congested, or that there is adequate open space. These and similar worthy objectives appear frequently in zoning cases, as does an alternative formulation: to keep out undesirable (that is different) people, and to maintain the social and economic exclusiveness of an area.

The Floor Area Ratio (FAR) regulates building bulk while providing the developer some latitude in determining the height of a building and its placement on the lot. It can be expressed as the total floor area divided by the total lot area. Another way to view it would be to take the FAR and multiply it by the lot area. This would equal the total amount of allowable floor space. It simply represents the maximum amount of floor space that can be built on a given lot. The FAR is usually expressed as a decimal fraction.

Conditional Use

There are some uses which, though permissible (and necessary), require review to ensure that they do not have an undesirable impact on an area. Hospitals, schools, day-care centers, and clubs, for example, are needed in a community, but their specific location may give rise to traffic congestion and dangers, or to severe parking difficulties. Similarly with gas stations in commercial districts, and multifamily dwellings in a single-family district. Zoning ordinances typically make specific provision for such developments which require special restrictions. Though terminology varies among municipalities, these are appropriately termed ‘conditional uses’.

In order to obtain a conditional use permit, applicants must follow the procedures dictated by the community. First, they must file an application for the conditional use permit. The permit would contain information on such items as a legal description of the land, a parcel map outlining the land in question and all adjoining properties, a deed showing ownership of the land, a plan showing what you want to do to the property, a signature by the owner of the property, and the necessary application fee. The application is then processed by the appropriate governing body. Notices are placed in various locations to alert other individuals and entities that a conditional use permit is being sought by a property owner.

Variances

While a conditional use is one which is permissible under the conditions of the zoning ordinance, a variance involves a relaxation of the provisions of the ordinance. The Standard State Zoning Enabling Act confers on the board of adjustment the power ‘to authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. Variances are of two types: ‘area’ (or ‘bulk’) and ‘use’. The former involves a departure from the requirements of the ordinance in relation to such matters as lot width, lot area, setback and the like. It recognizes that not all property is created alike. It allows unique circumstances to be considered by the regulatory body. By contrast, a use variance allows the establishment (or continuation) of a use which is prohibited by the ordinance. Allowing a house to be built closer to the lot line laid down in the variance would be an area variance; allowing a multifamily house in a single-family district would be a use variance. The hardship theoretically has to be one which applies to a particular property, not to the personal circumstances of the owner. The rationale for this is that the matter for consideration is the relationship between the particular plot and the wider area. Any effect which a variance has on this wider area will persist after a change of ownership, or even if the hardship ceases. In fact, many variances are given precisely because of personal hardship.

Contract zoning and site plan review

Zoning theoretically requires uniform conditions within districts. Uniformity, however can lead to undesirable rigidity, and it may be to the benefit of both the owner and the community to depart from a uniform regulation. It is here that contract zoning can be useful.

Essentially, contract zoning is, as the term suggests, the rezoning of a property subject to the terms of a contract. The process appears to be one in which the city informs a property owner that it does not have to rezone the property in question. The next step would be for the city to say it might rezone the property if the property owner agrees to do something in return. Typically, the terms of any agreement are negotiated between the owner and the local government following a specific proposal by the owner. Many of the conditions that have been imposed are now normally included in ‘site plan review’. This is the preparation of a site plan for approval by the planning board. Such a review can be a normal zoning requirement, or a special requirement for particular types of development such as cluster zones and planned unit developments.

Site plan reviews are needed to make sure the proposed development is in compliance with local zoning and other municipal ordinances. Plans to be reviewed generally take the form of a preliminary plan and a final plan. However, it is possible in some areas that a developer might choose to submit a final plan for review. It is a process ripe for negotiation between developer and public officials. The items to be reviewed might include a dimensional site plan, consistency with applicable zoning ordinance, landscaping, drainage, and compatibility with neighboring structures and the surrounding environment. Among the personnel that might review the plan are planners, zoning administrators, public works officials, building officials, street officials, etc. These individuals will determine whether the proposed site plan is in accordance with municipal zoning and the general plan, creates any public facility or traffic problems, complies with all other municipal requirements, and contributes to the protection of public health, safety, and welfare.

Zoning amendments

A zoning amendment (or ‘rezoning’, or ‘map amendment’) is similar to a use variance in that it permits a use which is not allowed by the provisions of the zoning ordinance. However, while a use variance grants the owner an exemption (and leaves the ordinance intact), an amendment changes the ordinance itself. An amendment should be of greater consequence than a variance but practice does not always conform to theory, or even legality.

Before you proceed, be sure to consult with an experienced Bountiful Utah real estate lawyer. The lawyer will review your documents and also advise you on the zoning rules applicable to your property. Zoning rules are very important. Never assume that the property you are purchasing for a specific purpose can be used for that purpose. Sometimes zoning rules may not permit the use of a property for a specific purpose. Utah zoning laws are complex. You need the services of an expert to guide you. So before you buy a property, talk to an experienced Bountiful Utah real estate lawyer.

Bountiful Utah Real Estate Attorney Free Consultation

When you need legal help with a real estate matter in Bountiful Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

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Source: https://www.ascentlawfirm.com/real-estate-lawyer-bountiful-utah/

[michaeljames1221]

Real Estate Lawyer Bountiful Utah

Real estate law in Utah can be complex and difficult depending on your situation. At Ascent Law LLC, we help people in Bountiful Utah with Quiet Title Actions, Foreclosures, Forbearances, Abatements, Evictions for Landlord or Owners, litigation and trial work, sudivision issues, entitlements, land development, commercial and residential, along with trust work, business entity structuring, reversionary interest clauses in deeds, adverse possesion, notices of interest, and partition actions to name a few. If you need real estate help, consult an experienced Bountiful Utah real estate lawyer.

Zoning in the US is essentially a local matter. Even the decision on whether to operate a zoning system is usually a local one. Some localities have highly sophisticated zoning systems; some have none at all. But however complex a zoning system may be, it typically remains what it always has been: ‘a process by which the residents of a local community examine what people propose to do with their land, and decide whether or not they will permit it’.

The distinction between the ideal of planning and the reality of zoning is an important one. Planning is concerned with the long-term development (or preservation) of an area and the relationship between local objectives and overall community and regional goals. Zoning represents a major instrument of this; but it is more. Indeed, it has taken the place of the function to which it is supposedly subservient. One of the reasons for this is that responsibility for land use controls has been delegated to the lowest level of local government. These local authorities have traditionally been concerned with attracting development to their areas but, since the 1970s, there has been increasing pressure from electors for their communities to be preserved as they are (or at least safeguarded from unwelcome uses such as industry, apartments and low income housing). The powers of zoning provide a very effective tool for this-a tool that can be wielded with a skill that thwarts judicial action. The contrast with planning is a sharp one: a comprehensive plan would deal not only with the needs of the existing inhabitants of an area, but also with its role in meeting the needs for housing newcomers.

Local governments carry out their zoning and planning powers within the framework of powers conferred on them by the individual states, either by constitutional home rule authority or by a specific enabling Act. What has to be said, however, is that though some states exercise varying degrees of control over local governments, most do not.

Both the federal and state constitutions include provisions which are binding on municipalities. One of the most important of these is the protection of property rights. The Fifth Amendment to the Constitution provides: ‘nor shall private property be taken for public use without just compensation’. The ‘taking issue’ (alternatively known as the ‘just compensation issue’) is at the heart of the major problem facing zoning: when does the exercise of the police power over land use constitute such an infringement of the property right as to become a ‘taking’? The crucial matter, of course, is the definition of a ‘taking’.

The Fifth Amendment also includes what is termed ‘the public use doctrine’: that property can be ‘taken’ only for a public use. The interpretation of this doctrine has changed significantly in recent decades (illustrating the changes that can take place in the constitutional framework). Until the early 1950s, it was conservatively interpreted as meaning that property which was taken had to be literally used by a public body. Later cases have further extended ‘the public purpose’.

Subdivision controls

While zoning is concerned with the use of land, subdivision regulations relate to the division of land for sale. Originally designed to keep track of the legal ownership of land and to facilitate the establishment of clear titles (thus simplifying transactions), it has grown into a formidable tool of land use planning. Published in 1928 by the US Department of Commerce, the Standard City Planning Enabling Act defines subdivision as ‘the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development.’

Though subdivision and zoning are quite distinct in origin, they have come to share some important control features. With zoning, these are built into the zoning ordinance or imposed in the administration of the ordinance. Subdivision has acquired similar features (though it is usually applied only to residential development). The first controls were restricted to matters relating to roads. These ensured, for instance, that any streets built in a subdivision would be aligned with existing streets. These controls were extended to deal with the width of streets and sidewalks, setbacks and such like. This enabled local governments to prevent the creation of lots that were unacceptably small or badly configured. But it also gave them the scope to impose conditions relating to ‘improvements’. It was not a big step, politically, to move from requiring that roads be a certain width to making the actual provision of the roads a condition of subdivision.

Large lot zoning has the ostensible purpose of safeguarding the public welfare, for example by ensuring that there is good access for fire engines, that roads do not become unbearably congested, or that there is adequate open space. These and similar worthy objectives appear frequently in zoning cases, as does an alternative formulation: to keep out undesirable (that is different) people, and to maintain the social and economic exclusiveness of an area.

The Floor Area Ratio (FAR) regulates building bulk while providing the developer some latitude in determining the height of a building and its placement on the lot. It can be expressed as the total floor area divided by the total lot area. Another way to view it would be to take the FAR and multiply it by the lot area. This would equal the total amount of allowable floor space. It simply represents the maximum amount of floor space that can be built on a given lot. The FAR is usually expressed as a decimal fraction.

Conditional Use

There are some uses which, though permissible (and necessary), require review to ensure that they do not have an undesirable impact on an area. Hospitals, schools, day-care centers, and clubs, for example, are needed in a community, but their specific location may give rise to traffic congestion and dangers, or to severe parking difficulties. Similarly with gas stations in commercial districts, and multifamily dwellings in a single-family district. Zoning ordinances typically make specific provision for such developments which require special restrictions. Though terminology varies among municipalities, these are appropriately termed ‘conditional uses’.

In order to obtain a conditional use permit, applicants must follow the procedures dictated by the community. First, they must file an application for the conditional use permit. The permit would contain information on such items as a legal description of the land, a parcel map outlining the land in question and all adjoining properties, a deed showing ownership of the land, a plan showing what you want to do to the property, a signature by the owner of the property, and the necessary application fee. The application is then processed by the appropriate governing body. Notices are placed in various locations to alert other individuals and entities that a conditional use permit is being sought by a property owner.

Variances

While a conditional use is one which is permissible under the conditions of the zoning ordinance, a variance involves a relaxation of the provisions of the ordinance. The Standard State Zoning Enabling Act confers on the board of adjustment the power ‘to authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. Variances are of two types: ‘area’ (or ‘bulk’) and ‘use’. The former involves a departure from the requirements of the ordinance in relation to such matters as lot width, lot area, setback and the like. It recognizes that not all property is created alike. It allows unique circumstances to be considered by the regulatory body. By contrast, a use variance allows the establishment (or continuation) of a use which is prohibited by the ordinance. Allowing a house to be built closer to the lot line laid down in the variance would be an area variance; allowing a multifamily house in a single-family district would be a use variance. The hardship theoretically has to be one which applies to a particular property, not to the personal circumstances of the owner. The rationale for this is that the matter for consideration is the relationship between the particular plot and the wider area. Any effect which a variance has on this wider area will persist after a change of ownership, or even if the hardship ceases. In fact, many variances are given precisely because of personal hardship.

Contract zoning and site plan review

Zoning theoretically requires uniform conditions within districts. Uniformity, however can lead to undesirable rigidity, and it may be to the benefit of both the owner and the community to depart from a uniform regulation. It is here that contract zoning can be useful.

Essentially, contract zoning is, as the term suggests, the rezoning of a property subject to the terms of a contract. The process appears to be one in which the city informs a property owner that it does not have to rezone the property in question. The next step would be for the city to say it might rezone the property if the property owner agrees to do something in return. Typically, the terms of any agreement are negotiated between the owner and the local government following a specific proposal by the owner. Many of the conditions that have been imposed are now normally included in ‘site plan review’. This is the preparation of a site plan for approval by the planning board. Such a review can be a normal zoning requirement, or a special requirement for particular types of development such as cluster zones and planned unit developments.

Site plan reviews are needed to make sure the proposed development is in compliance with local zoning and other municipal ordinances. Plans to be reviewed generally take the form of a preliminary plan and a final plan. However, it is possible in some areas that a developer might choose to submit a final plan for review. It is a process ripe for negotiation between developer and public officials. The items to be reviewed might include a dimensional site plan, consistency with applicable zoning ordinance, landscaping, drainage, and compatibility with neighboring structures and the surrounding environment. Among the personnel that might review the plan are planners, zoning administrators, public works officials, building officials, street officials, etc. These individuals will determine whether the proposed site plan is in accordance with municipal zoning and the general plan, creates any public facility or traffic problems, complies with all other municipal requirements, and contributes to the protection of public health, safety, and welfare.

Zoning amendments

A zoning amendment (or ‘rezoning’, or ‘map amendment’) is similar to a use variance in that it permits a use which is not allowed by the provisions of the zoning ordinance. However, while a use variance grants the owner an exemption (and leaves the ordinance intact), an amendment changes the ordinance itself. An amendment should be of greater consequence than a variance but practice does not always conform to theory, or even legality.

Before you proceed, be sure to consult with an experienced Bountiful Utah real estate lawyer. The lawyer will review your documents and also advise you on the zoning rules applicable to your property. Zoning rules are very important. Never assume that the property you are purchasing for a specific purpose can be used for that purpose. Sometimes zoning rules may not permit the use of a property for a specific purpose. Utah zoning laws are complex. You need the services of an expert to guide you. So before you buy a property, talk to an experienced Bountiful Utah real estate lawyer.

Bountiful Utah Real Estate Attorney Free Consultation

When you need legal help with a real estate matter in Bountiful Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Can You Date While Legally Separated?

Criminal Defense Lawyer Herriman Utah

Relocating After Divorce In Utah

Life Insurance Beneficiary Lawyer

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from Michael Anderson https://www.ascentlawfirm.com/real-estate-lawyer-bountiful-utah/

from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2019/10/06/real-estate-lawyer-bountiful-utah/

[melissawalker01]

Real Estate Lawyer Bountiful Utah

Real estate law in Utah can be complex and difficult depending on your situation. At Ascent Law LLC, we help people in Bountiful Utah with Quiet Title Actions, Foreclosures, Forbearances, Abatements, Evictions for Landlord or Owners, litigation and trial work, sudivision issues, entitlements, land development, commercial and residential, along with trust work, business entity structuring, reversionary interest clauses in deeds, adverse possesion, notices of interest, and partition actions to name a few. If you need real estate help, consult an experienced Bountiful Utah real estate lawyer.

Zoning in the US is essentially a local matter. Even the decision on whether to operate a zoning system is usually a local one. Some localities have highly sophisticated zoning systems; some have none at all. But however complex a zoning system may be, it typically remains what it always has been: ‘a process by which the residents of a local community examine what people propose to do with their land, and decide whether or not they will permit it’.

The distinction between the ideal of planning and the reality of zoning is an important one. Planning is concerned with the long-term development (or preservation) of an area and the relationship between local objectives and overall community and regional goals. Zoning represents a major instrument of this; but it is more. Indeed, it has taken the place of the function to which it is supposedly subservient. One of the reasons for this is that responsibility for land use controls has been delegated to the lowest level of local government. These local authorities have traditionally been concerned with attracting development to their areas but, since the 1970s, there has been increasing pressure from electors for their communities to be preserved as they are (or at least safeguarded from unwelcome uses such as industry, apartments and low income housing). The powers of zoning provide a very effective tool for this-a tool that can be wielded with a skill that thwarts judicial action. The contrast with planning is a sharp one: a comprehensive plan would deal not only with the needs of the existing inhabitants of an area, but also with its role in meeting the needs for housing newcomers.

Local governments carry out their zoning and planning powers within the framework of powers conferred on them by the individual states, either by constitutional home rule authority or by a specific enabling Act. What has to be said, however, is that though some states exercise varying degrees of control over local governments, most do not.

Both the federal and state constitutions include provisions which are binding on municipalities. One of the most important of these is the protection of property rights. The Fifth Amendment to the Constitution provides: ‘nor shall private property be taken for public use without just compensation’. The ‘taking issue’ (alternatively known as the ‘just compensation issue’) is at the heart of the major problem facing zoning: when does the exercise of the police power over land use constitute such an infringement of the property right as to become a ‘taking’? The crucial matter, of course, is the definition of a ‘taking’.

The Fifth Amendment also includes what is termed ‘the public use doctrine’: that property can be ‘taken’ only for a public use. The interpretation of this doctrine has changed significantly in recent decades (illustrating the changes that can take place in the constitutional framework). Until the early 1950s, it was conservatively interpreted as meaning that property which was taken had to be literally used by a public body. Later cases have further extended ‘the public purpose’.

Subdivision controls

While zoning is concerned with the use of land, subdivision regulations relate to the division of land for sale. Originally designed to keep track of the legal ownership of land and to facilitate the establishment of clear titles (thus simplifying transactions), it has grown into a formidable tool of land use planning. Published in 1928 by the US Department of Commerce, the Standard City Planning Enabling Act defines subdivision as ‘the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development.’

Though subdivision and zoning are quite distinct in origin, they have come to share some important control features. With zoning, these are built into the zoning ordinance or imposed in the administration of the ordinance. Subdivision has acquired similar features (though it is usually applied only to residential development). The first controls were restricted to matters relating to roads. These ensured, for instance, that any streets built in a subdivision would be aligned with existing streets. These controls were extended to deal with the width of streets and sidewalks, setbacks and such like. This enabled local governments to prevent the creation of lots that were unacceptably small or badly configured. But it also gave them the scope to impose conditions relating to ‘improvements’. It was not a big step, politically, to move from requiring that roads be a certain width to making the actual provision of the roads a condition of subdivision.

Large lot zoning has the ostensible purpose of safeguarding the public welfare, for example by ensuring that there is good access for fire engines, that roads do not become unbearably congested, or that there is adequate open space. These and similar worthy objectives appear frequently in zoning cases, as does an alternative formulation: to keep out undesirable (that is different) people, and to maintain the social and economic exclusiveness of an area.

The Floor Area Ratio (FAR) regulates building bulk while providing the developer some latitude in determining the height of a building and its placement on the lot. It can be expressed as the total floor area divided by the total lot area. Another way to view it would be to take the FAR and multiply it by the lot area. This would equal the total amount of allowable floor space. It simply represents the maximum amount of floor space that can be built on a given lot. The FAR is usually expressed as a decimal fraction.

Conditional Use

There are some uses which, though permissible (and necessary), require review to ensure that they do not have an undesirable impact on an area. Hospitals, schools, day-care centers, and clubs, for example, are needed in a community, but their specific location may give rise to traffic congestion and dangers, or to severe parking difficulties. Similarly with gas stations in commercial districts, and multifamily dwellings in a single-family district. Zoning ordinances typically make specific provision for such developments which require special restrictions. Though terminology varies among municipalities, these are appropriately termed ‘conditional uses’.

In order to obtain a conditional use permit, applicants must follow the procedures dictated by the community. First, they must file an application for the conditional use permit. The permit would contain information on such items as a legal description of the land, a parcel map outlining the land in question and all adjoining properties, a deed showing ownership of the land, a plan showing what you want to do to the property, a signature by the owner of the property, and the necessary application fee. The application is then processed by the appropriate governing body. Notices are placed in various locations to alert other individuals and entities that a conditional use permit is being sought by a property owner.

Variances

While a conditional use is one which is permissible under the conditions of the zoning ordinance, a variance involves a relaxation of the provisions of the ordinance. The Standard State Zoning Enabling Act confers on the board of adjustment the power ‘to authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. Variances are of two types: ‘area’ (or ‘bulk’) and ‘use’. The former involves a departure from the requirements of the ordinance in relation to such matters as lot width, lot area, setback and the like. It recognizes that not all property is created alike. It allows unique circumstances to be considered by the regulatory body. By contrast, a use variance allows the establishment (or continuation) of a use which is prohibited by the ordinance. Allowing a house to be built closer to the lot line laid down in the variance would be an area variance; allowing a multifamily house in a single-family district would be a use variance. The hardship theoretically has to be one which applies to a particular property, not to the personal circumstances of the owner. The rationale for this is that the matter for consideration is the relationship between the particular plot and the wider area. Any effect which a variance has on this wider area will persist after a change of ownership, or even if the hardship ceases. In fact, many variances are given precisely because of personal hardship.

Contract zoning and site plan review

Zoning theoretically requires uniform conditions within districts. Uniformity, however can lead to undesirable rigidity, and it may be to the benefit of both the owner and the community to depart from a uniform regulation. It is here that contract zoning can be useful.

Essentially, contract zoning is, as the term suggests, the rezoning of a property subject to the terms of a contract. The process appears to be one in which the city informs a property owner that it does not have to rezone the property in question. The next step would be for the city to say it might rezone the property if the property owner agrees to do something in return. Typically, the terms of any agreement are negotiated between the owner and the local government following a specific proposal by the owner. Many of the conditions that have been imposed are now normally included in ‘site plan review’. This is the preparation of a site plan for approval by the planning board. Such a review can be a normal zoning requirement, or a special requirement for particular types of development such as cluster zones and planned unit developments.

Site plan reviews are needed to make sure the proposed development is in compliance with local zoning and other municipal ordinances. Plans to be reviewed generally take the form of a preliminary plan and a final plan. However, it is possible in some areas that a developer might choose to submit a final plan for review. It is a process ripe for negotiation between developer and public officials. The items to be reviewed might include a dimensional site plan, consistency with applicable zoning ordinance, landscaping, drainage, and compatibility with neighboring structures and the surrounding environment. Among the personnel that might review the plan are planners, zoning administrators, public works officials, building officials, street officials, etc. These individuals will determine whether the proposed site plan is in accordance with municipal zoning and the general plan, creates any public facility or traffic problems, complies with all other municipal requirements, and contributes to the protection of public health, safety, and welfare.

Zoning amendments

A zoning amendment (or ‘rezoning’, or ‘map amendment’) is similar to a use variance in that it permits a use which is not allowed by the provisions of the zoning ordinance. However, while a use variance grants the owner an exemption (and leaves the ordinance intact), an amendment changes the ordinance itself. An amendment should be of greater consequence than a variance but practice does not always conform to theory, or even legality.

Before you proceed, be sure to consult with an experienced Bountiful Utah real estate lawyer. The lawyer will review your documents and also advise you on the zoning rules applicable to your property. Zoning rules are very important. Never assume that the property you are purchasing for a specific purpose can be used for that purpose. Sometimes zoning rules may not permit the use of a property for a specific purpose. Utah zoning laws are complex. You need the services of an expert to guide you. So before you buy a property, talk to an experienced Bountiful Utah real estate lawyer.

Bountiful Utah Real Estate Attorney Free Consultation

When you need legal help with a real estate matter in Bountiful Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Can You Date While Legally Separated?

Criminal Defense Lawyer Herriman Utah

Relocating After Divorce In Utah

Life Insurance Beneficiary Lawyer

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Is A Handwritten Will Legal?

from Michael Anderson https://www.ascentlawfirm.com/real-estate-lawyer-bountiful-utah/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/188166228010

[aretia]

Real Estate Lawyer Bountiful Utah

Real estate law in Utah can be complex and difficult depending on your situation. At Ascent Law LLC, we help people in Bountiful Utah with Quiet Title Actions, Foreclosures, Forbearances, Abatements, Evictions for Landlord or Owners, litigation and trial work, sudivision issues, entitlements, land development, commercial and residential, along with trust work, business entity structuring, reversionary interest clauses in deeds, adverse possesion, notices of interest, and partition actions to name a few. If you need real estate help, consult an experienced Bountiful Utah real estate lawyer.

Zoning in the US is essentially a local matter. Even the decision on whether to operate a zoning system is usually a local one. Some localities have highly sophisticated zoning systems; some have none at all. But however complex a zoning system may be, it typically remains what it always has been: ‘a process by which the residents of a local community examine what people propose to do with their land, and decide whether or not they will permit it’.

The distinction between the ideal of planning and the reality of zoning is an important one. Planning is concerned with the long-term development (or preservation) of an area and the relationship between local objectives and overall community and regional goals. Zoning represents a major instrument of this; but it is more. Indeed, it has taken the place of the function to which it is supposedly subservient. One of the reasons for this is that responsibility for land use controls has been delegated to the lowest level of local government. These local authorities have traditionally been concerned with attracting development to their areas but, since the 1970s, there has been increasing pressure from electors for their communities to be preserved as they are (or at least safeguarded from unwelcome uses such as industry, apartments and low income housing). The powers of zoning provide a very effective tool for this-a tool that can be wielded with a skill that thwarts judicial action. The contrast with planning is a sharp one: a comprehensive plan would deal not only with the needs of the existing inhabitants of an area, but also with its role in meeting the needs for housing newcomers.

Local governments carry out their zoning and planning powers within the framework of powers conferred on them by the individual states, either by constitutional home rule authority or by a specific enabling Act. What has to be said, however, is that though some states exercise varying degrees of control over local governments, most do not.

Both the federal and state constitutions include provisions which are binding on municipalities. One of the most important of these is the protection of property rights. The Fifth Amendment to the Constitution provides: ‘nor shall private property be taken for public use without just compensation’. The ‘taking issue’ (alternatively known as the ‘just compensation issue’) is at the heart of the major problem facing zoning: when does the exercise of the police power over land use constitute such an infringement of the property right as to become a ‘taking’? The crucial matter, of course, is the definition of a ‘taking’.

The Fifth Amendment also includes what is termed ‘the public use doctrine’: that property can be ‘taken’ only for a public use. The interpretation of this doctrine has changed significantly in recent decades (illustrating the changes that can take place in the constitutional framework). Until the early 1950s, it was conservatively interpreted as meaning that property which was taken had to be literally used by a public body. Later cases have further extended ‘the public purpose’.

Subdivision controls

While zoning is concerned with the use of land, subdivision regulations relate to the division of land for sale. Originally designed to keep track of the legal ownership of land and to facilitate the establishment of clear titles (thus simplifying transactions), it has grown into a formidable tool of land use planning. Published in 1928 by the US Department of Commerce, the Standard City Planning Enabling Act defines subdivision as ‘the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development.’

Though subdivision and zoning are quite distinct in origin, they have come to share some important control features. With zoning, these are built into the zoning ordinance or imposed in the administration of the ordinance. Subdivision has acquired similar features (though it is usually applied only to residential development). The first controls were restricted to matters relating to roads. These ensured, for instance, that any streets built in a subdivision would be aligned with existing streets. These controls were extended to deal with the width of streets and sidewalks, setbacks and such like. This enabled local governments to prevent the creation of lots that were unacceptably small or badly configured. But it also gave them the scope to impose conditions relating to ‘improvements’. It was not a big step, politically, to move from requiring that roads be a certain width to making the actual provision of the roads a condition of subdivision.

Large lot zoning has the ostensible purpose of safeguarding the public welfare, for example by ensuring that there is good access for fire engines, that roads do not become unbearably congested, or that there is adequate open space. These and similar worthy objectives appear frequently in zoning cases, as does an alternative formulation: to keep out undesirable (that is different) people, and to maintain the social and economic exclusiveness of an area.

The Floor Area Ratio (FAR) regulates building bulk while providing the developer some latitude in determining the height of a building and its placement on the lot. It can be expressed as the total floor area divided by the total lot area. Another way to view it would be to take the FAR and multiply it by the lot area. This would equal the total amount of allowable floor space. It simply represents the maximum amount of floor space that can be built on a given lot. The FAR is usually expressed as a decimal fraction.

Conditional Use

There are some uses which, though permissible (and necessary), require review to ensure that they do not have an undesirable impact on an area. Hospitals, schools, day-care centers, and clubs, for example, are needed in a community, but their specific location may give rise to traffic congestion and dangers, or to severe parking difficulties. Similarly with gas stations in commercial districts, and multifamily dwellings in a single-family district. Zoning ordinances typically make specific provision for such developments which require special restrictions. Though terminology varies among municipalities, these are appropriately termed ‘conditional uses’.

In order to obtain a conditional use permit, applicants must follow the procedures dictated by the community. First, they must file an application for the conditional use permit. The permit would contain information on such items as a legal description of the land, a parcel map outlining the land in question and all adjoining properties, a deed showing ownership of the land, a plan showing what you want to do to the property, a signature by the owner of the property, and the necessary application fee. The application is then processed by the appropriate governing body. Notices are placed in various locations to alert other individuals and entities that a conditional use permit is being sought by a property owner.

Variances

While a conditional use is one which is permissible under the conditions of the zoning ordinance, a variance involves a relaxation of the provisions of the ordinance. The Standard State Zoning Enabling Act confers on the board of adjustment the power ‘to authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. Variances are of two types: ‘area’ (or ‘bulk’) and ‘use’. The former involves a departure from the requirements of the ordinance in relation to such matters as lot width, lot area, setback and the like. It recognizes that not all property is created alike. It allows unique circumstances to be considered by the regulatory body. By contrast, a use variance allows the establishment (or continuation) of a use which is prohibited by the ordinance. Allowing a house to be built closer to the lot line laid down in the variance would be an area variance; allowing a multifamily house in a single-family district would be a use variance. The hardship theoretically has to be one which applies to a particular property, not to the personal circumstances of the owner. The rationale for this is that the matter for consideration is the relationship between the particular plot and the wider area. Any effect which a variance has on this wider area will persist after a change of ownership, or even if the hardship ceases. In fact, many variances are given precisely because of personal hardship.

Contract zoning and site plan review

Zoning theoretically requires uniform conditions within districts. Uniformity, however can lead to undesirable rigidity, and it may be to the benefit of both the owner and the community to depart from a uniform regulation. It is here that contract zoning can be useful.

Essentially, contract zoning is, as the term suggests, the rezoning of a property subject to the terms of a contract. The process appears to be one in which the city informs a property owner that it does not have to rezone the property in question. The next step would be for the city to say it might rezone the property if the property owner agrees to do something in return. Typically, the terms of any agreement are negotiated between the owner and the local government following a specific proposal by the owner. Many of the conditions that have been imposed are now normally included in ‘site plan review’. This is the preparation of a site plan for approval by the planning board. Such a review can be a normal zoning requirement, or a special requirement for particular types of development such as cluster zones and planned unit developments.

Site plan reviews are needed to make sure the proposed development is in compliance with local zoning and other municipal ordinances. Plans to be reviewed generally take the form of a preliminary plan and a final plan. However, it is possible in some areas that a developer might choose to submit a final plan for review. It is a process ripe for negotiation between developer and public officials. The items to be reviewed might include a dimensional site plan, consistency with applicable zoning ordinance, landscaping, drainage, and compatibility with neighboring structures and the surrounding environment. Among the personnel that might review the plan are planners, zoning administrators, public works officials, building officials, street officials, etc. These individuals will determine whether the proposed site plan is in accordance with municipal zoning and the general plan, creates any public facility or traffic problems, complies with all other municipal requirements, and contributes to the protection of public health, safety, and welfare.

Zoning amendments

A zoning amendment (or ‘rezoning’, or ‘map amendment’) is similar to a use variance in that it permits a use which is not allowed by the provisions of the zoning ordinance. However, while a use variance grants the owner an exemption (and leaves the ordinance intact), an amendment changes the ordinance itself. An amendment should be of greater consequence than a variance but practice does not always conform to theory, or even legality.

Before you proceed, be sure to consult with an experienced Bountiful Utah real estate lawyer. The lawyer will review your documents and also advise you on the zoning rules applicable to your property. Zoning rules are very important. Never assume that the property you are purchasing for a specific purpose can be used for that purpose. Sometimes zoning rules may not permit the use of a property for a specific purpose. Utah zoning laws are complex. You need the services of an expert to guide you. So before you buy a property, talk to an experienced Bountiful Utah real estate lawyer.

Bountiful Utah Real Estate Attorney Free Consultation

When you need legal help with a real estate matter in Bountiful Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Source: https://www.ascentlawfirm.com/real-estate-lawyer-bountiful-utah/

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Real Estate Lawyer Bountiful Utah

Real estate law in Utah can be complex and difficult depending on your situation. At Ascent Law LLC, we help people in Bountiful Utah with Quiet Title Actions, Foreclosures, Forbearances, Abatements, Evictions for Landlord or Owners, litigation and trial work, sudivision issues, entitlements, land development, commercial and residential, along with trust work, business entity structuring, reversionary interest clauses in deeds, adverse possesion, notices of interest, and partition actions to name a few. If you need real estate help, consult an experienced Bountiful Utah real estate lawyer.

Zoning in the US is essentially a local matter. Even the decision on whether to operate a zoning system is usually a local one. Some localities have highly sophisticated zoning systems; some have none at all. But however complex a zoning system may be, it typically remains what it always has been: ‘a process by which the residents of a local community examine what people propose to do with their land, and decide whether or not they will permit it’.

The distinction between the ideal of planning and the reality of zoning is an important one. Planning is concerned with the long-term development (or preservation) of an area and the relationship between local objectives and overall community and regional goals. Zoning represents a major instrument of this; but it is more. Indeed, it has taken the place of the function to which it is supposedly subservient. One of the reasons for this is that responsibility for land use controls has been delegated to the lowest level of local government. These local authorities have traditionally been concerned with attracting development to their areas but, since the 1970s, there has been increasing pressure from electors for their communities to be preserved as they are (or at least safeguarded from unwelcome uses such as industry, apartments and low income housing). The powers of zoning provide a very effective tool for this-a tool that can be wielded with a skill that thwarts judicial action. The contrast with planning is a sharp one: a comprehensive plan would deal not only with the needs of the existing inhabitants of an area, but also with its role in meeting the needs for housing newcomers.

Local governments carry out their zoning and planning powers within the framework of powers conferred on them by the individual states, either by constitutional home rule authority or by a specific enabling Act. What has to be said, however, is that though some states exercise varying degrees of control over local governments, most do not.

Both the federal and state constitutions include provisions which are binding on municipalities. One of the most important of these is the protection of property rights. The Fifth Amendment to the Constitution provides: ‘nor shall private property be taken for public use without just compensation’. The ‘taking issue’ (alternatively known as the ‘just compensation issue’) is at the heart of the major problem facing zoning: when does the exercise of the police power over land use constitute such an infringement of the property right as to become a ‘taking’? The crucial matter, of course, is the definition of a ‘taking’.

The Fifth Amendment also includes what is termed ‘the public use doctrine’: that property can be ‘taken’ only for a public use. The interpretation of this doctrine has changed significantly in recent decades (illustrating the changes that can take place in the constitutional framework). Until the early 1950s, it was conservatively interpreted as meaning that property which was taken had to be literally used by a public body. Later cases have further extended ‘the public purpose’.

Subdivision controls

While zoning is concerned with the use of land, subdivision regulations relate to the division of land for sale. Originally designed to keep track of the legal ownership of land and to facilitate the establishment of clear titles (thus simplifying transactions), it has grown into a formidable tool of land use planning. Published in 1928 by the US Department of Commerce, the Standard City Planning Enabling Act defines subdivision as ‘the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development.’

Though subdivision and zoning are quite distinct in origin, they have come to share some important control features. With zoning, these are built into the zoning ordinance or imposed in the administration of the ordinance. Subdivision has acquired similar features (though it is usually applied only to residential development). The first controls were restricted to matters relating to roads. These ensured, for instance, that any streets built in a subdivision would be aligned with existing streets. These controls were extended to deal with the width of streets and sidewalks, setbacks and such like. This enabled local governments to prevent the creation of lots that were unacceptably small or badly configured. But it also gave them the scope to impose conditions relating to ‘improvements’. It was not a big step, politically, to move from requiring that roads be a certain width to making the actual provision of the roads a condition of subdivision.

Large lot zoning has the ostensible purpose of safeguarding the public welfare, for example by ensuring that there is good access for fire engines, that roads do not become unbearably congested, or that there is adequate open space. These and similar worthy objectives appear frequently in zoning cases, as does an alternative formulation: to keep out undesirable (that is different) people, and to maintain the social and economic exclusiveness of an area.

The Floor Area Ratio (FAR) regulates building bulk while providing the developer some latitude in determining the height of a building and its placement on the lot. It can be expressed as the total floor area divided by the total lot area. Another way to view it would be to take the FAR and multiply it by the lot area. This would equal the total amount of allowable floor space. It simply represents the maximum amount of floor space that can be built on a given lot. The FAR is usually expressed as a decimal fraction.

Conditional Use

There are some uses which, though permissible (and necessary), require review to ensure that they do not have an undesirable impact on an area. Hospitals, schools, day-care centers, and clubs, for example, are needed in a community, but their specific location may give rise to traffic congestion and dangers, or to severe parking difficulties. Similarly with gas stations in commercial districts, and multifamily dwellings in a single-family district. Zoning ordinances typically make specific provision for such developments which require special restrictions. Though terminology varies among municipalities, these are appropriately termed ‘conditional uses’.

In order to obtain a conditional use permit, applicants must follow the procedures dictated by the community. First, they must file an application for the conditional use permit. The permit would contain information on such items as a legal description of the land, a parcel map outlining the land in question and all adjoining properties, a deed showing ownership of the land, a plan showing what you want to do to the property, a signature by the owner of the property, and the necessary application fee. The application is then processed by the appropriate governing body. Notices are placed in various locations to alert other individuals and entities that a conditional use permit is being sought by a property owner.

Variances

While a conditional use is one which is permissible under the conditions of the zoning ordinance, a variance involves a relaxation of the provisions of the ordinance. The Standard State Zoning Enabling Act confers on the board of adjustment the power ‘to authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. Variances are of two types: ‘area’ (or ‘bulk’) and ‘use’. The former involves a departure from the requirements of the ordinance in relation to such matters as lot width, lot area, setback and the like. It recognizes that not all property is created alike. It allows unique circumstances to be considered by the regulatory body. By contrast, a use variance allows the establishment (or continuation) of a use which is prohibited by the ordinance. Allowing a house to be built closer to the lot line laid down in the variance would be an area variance; allowing a multifamily house in a single-family district would be a use variance. The hardship theoretically has to be one which applies to a particular property, not to the personal circumstances of the owner. The rationale for this is that the matter for consideration is the relationship between the particular plot and the wider area. Any effect which a variance has on this wider area will persist after a change of ownership, or even if the hardship ceases. In fact, many variances are given precisely because of personal hardship.

Contract zoning and site plan review

Zoning theoretically requires uniform conditions within districts. Uniformity, however can lead to undesirable rigidity, and it may be to the benefit of both the owner and the community to depart from a uniform regulation. It is here that contract zoning can be useful.

Essentially, contract zoning is, as the term suggests, the rezoning of a property subject to the terms of a contract. The process appears to be one in which the city informs a property owner that it does not have to rezone the property in question. The next step would be for the city to say it might rezone the property if the property owner agrees to do something in return. Typically, the terms of any agreement are negotiated between the owner and the local government following a specific proposal by the owner. Many of the conditions that have been imposed are now normally included in ‘site plan review’. This is the preparation of a site plan for approval by the planning board. Such a review can be a normal zoning requirement, or a special requirement for particular types of development such as cluster zones and planned unit developments.

Site plan reviews are needed to make sure the proposed development is in compliance with local zoning and other municipal ordinances. Plans to be reviewed generally take the form of a preliminary plan and a final plan. However, it is possible in some areas that a developer might choose to submit a final plan for review. It is a process ripe for negotiation between developer and public officials. The items to be reviewed might include a dimensional site plan, consistency with applicable zoning ordinance, landscaping, drainage, and compatibility with neighboring structures and the surrounding environment. Among the personnel that might review the plan are planners, zoning administrators, public works officials, building officials, street officials, etc. These individuals will determine whether the proposed site plan is in accordance with municipal zoning and the general plan, creates any public facility or traffic problems, complies with all other municipal requirements, and contributes to the protection of public health, safety, and welfare.

Zoning amendments

A zoning amendment (or ‘rezoning’, or ‘map amendment’) is similar to a use variance in that it permits a use which is not allowed by the provisions of the zoning ordinance. However, while a use variance grants the owner an exemption (and leaves the ordinance intact), an amendment changes the ordinance itself. An amendment should be of greater consequence than a variance but practice does not always conform to theory, or even legality.

Before you proceed, be sure to consult with an experienced Bountiful Utah real estate lawyer. The lawyer will review your documents and also advise you on the zoning rules applicable to your property. Zoning rules are very important. Never assume that the property you are purchasing for a specific purpose can be used for that purpose. Sometimes zoning rules may not permit the use of a property for a specific purpose. Utah zoning laws are complex. You need the services of an expert to guide you. So before you buy a property, talk to an experienced Bountiful Utah real estate lawyer.

Bountiful Utah Real Estate Attorney Free Consultation

When you need legal help with a real estate matter in Bountiful Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Can You Date While Legally Separated?

Criminal Defense Lawyer Herriman Utah

Relocating After Divorce In Utah

Life Insurance Beneficiary Lawyer

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from https://www.ascentlawfirm.com/real-estate-lawyer-bountiful-utah/

from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/real-estate-lawyer-bountiful-utah

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Real Estate Lawyer Bountiful Utah

Real estate law in Utah can be complex and difficult depending on your situation. At Ascent Law LLC, we help people in Bountiful Utah with Quiet Title Actions, Foreclosures, Forbearances, Abatements, Evictions for Landlord or Owners, litigation and trial work, sudivision issues, entitlements, land development, commercial and residential, along with trust work, business entity structuring, reversionary interest clauses in deeds, adverse possesion, notices of interest, and partition actions to name a few. If you need real estate help, consult an experienced Bountiful Utah real estate lawyer.

Zoning in the US is essentially a local matter. Even the decision on whether to operate a zoning system is usually a local one. Some localities have highly sophisticated zoning systems; some have none at all. But however complex a zoning system may be, it typically remains what it always has been: ‘a process by which the residents of a local community examine what people propose to do with their land, and decide whether or not they will permit it’.

The distinction between the ideal of planning and the reality of zoning is an important one. Planning is concerned with the long-term development (or preservation) of an area and the relationship between local objectives and overall community and regional goals. Zoning represents a major instrument of this; but it is more. Indeed, it has taken the place of the function to which it is supposedly subservient. One of the reasons for this is that responsibility for land use controls has been delegated to the lowest level of local government. These local authorities have traditionally been concerned with attracting development to their areas but, since the 1970s, there has been increasing pressure from electors for their communities to be preserved as they are (or at least safeguarded from unwelcome uses such as industry, apartments and low income housing). The powers of zoning provide a very effective tool for this-a tool that can be wielded with a skill that thwarts judicial action. The contrast with planning is a sharp one: a comprehensive plan would deal not only with the needs of the existing inhabitants of an area, but also with its role in meeting the needs for housing newcomers.

Local governments carry out their zoning and planning powers within the framework of powers conferred on them by the individual states, either by constitutional home rule authority or by a specific enabling Act. What has to be said, however, is that though some states exercise varying degrees of control over local governments, most do not.

Both the federal and state constitutions include provisions which are binding on municipalities. One of the most important of these is the protection of property rights. The Fifth Amendment to the Constitution provides: ‘nor shall private property be taken for public use without just compensation’. The ‘taking issue’ (alternatively known as the ‘just compensation issue’) is at the heart of the major problem facing zoning: when does the exercise of the police power over land use constitute such an infringement of the property right as to become a ‘taking’? The crucial matter, of course, is the definition of a ‘taking’.

The Fifth Amendment also includes what is termed ‘the public use doctrine’: that property can be ‘taken’ only for a public use. The interpretation of this doctrine has changed significantly in recent decades (illustrating the changes that can take place in the constitutional framework). Until the early 1950s, it was conservatively interpreted as meaning that property which was taken had to be literally used by a public body. Later cases have further extended ‘the public purpose’.

Subdivision controls

While zoning is concerned with the use of land, subdivision regulations relate to the division of land for sale. Originally designed to keep track of the legal ownership of land and to facilitate the establishment of clear titles (thus simplifying transactions), it has grown into a formidable tool of land use planning. Published in 1928 by the US Department of Commerce, the Standard City Planning Enabling Act defines subdivision as ‘the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development.’

Though subdivision and zoning are quite distinct in origin, they have come to share some important control features. With zoning, these are built into the zoning ordinance or imposed in the administration of the ordinance. Subdivision has acquired similar features (though it is usually applied only to residential development). The first controls were restricted to matters relating to roads. These ensured, for instance, that any streets built in a subdivision would be aligned with existing streets. These controls were extended to deal with the width of streets and sidewalks, setbacks and such like. This enabled local governments to prevent the creation of lots that were unacceptably small or badly configured. But it also gave them the scope to impose conditions relating to ‘improvements’. It was not a big step, politically, to move from requiring that roads be a certain width to making the actual provision of the roads a condition of subdivision.

Large lot zoning has the ostensible purpose of safeguarding the public welfare, for example by ensuring that there is good access for fire engines, that roads do not become unbearably congested, or that there is adequate open space. These and similar worthy objectives appear frequently in zoning cases, as does an alternative formulation: to keep out undesirable (that is different) people, and to maintain the social and economic exclusiveness of an area.

The Floor Area Ratio (FAR) regulates building bulk while providing the developer some latitude in determining the height of a building and its placement on the lot. It can be expressed as the total floor area divided by the total lot area. Another way to view it would be to take the FAR and multiply it by the lot area. This would equal the total amount of allowable floor space. It simply represents the maximum amount of floor space that can be built on a given lot. The FAR is usually expressed as a decimal fraction.

Conditional Use

There are some uses which, though permissible (and necessary), require review to ensure that they do not have an undesirable impact on an area. Hospitals, schools, day-care centers, and clubs, for example, are needed in a community, but their specific location may give rise to traffic congestion and dangers, or to severe parking difficulties. Similarly with gas stations in commercial districts, and multifamily dwellings in a single-family district. Zoning ordinances typically make specific provision for such developments which require special restrictions. Though terminology varies among municipalities, these are appropriately termed ‘conditional uses’.

In order to obtain a conditional use permit, applicants must follow the procedures dictated by the community. First, they must file an application for the conditional use permit. The permit would contain information on such items as a legal description of the land, a parcel map outlining the land in question and all adjoining properties, a deed showing ownership of the land, a plan showing what you want to do to the property, a signature by the owner of the property, and the necessary application fee. The application is then processed by the appropriate governing body. Notices are placed in various locations to alert other individuals and entities that a conditional use permit is being sought by a property owner.

Variances

While a conditional use is one which is permissible under the conditions of the zoning ordinance, a variance involves a relaxation of the provisions of the ordinance. The Standard State Zoning Enabling Act confers on the board of adjustment the power ‘to authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. Variances are of two types: ‘area’ (or ‘bulk’) and ‘use’. The former involves a departure from the requirements of the ordinance in relation to such matters as lot width, lot area, setback and the like. It recognizes that not all property is created alike. It allows unique circumstances to be considered by the regulatory body. By contrast, a use variance allows the establishment (or continuation) of a use which is prohibited by the ordinance. Allowing a house to be built closer to the lot line laid down in the variance would be an area variance; allowing a multifamily house in a single-family district would be a use variance. The hardship theoretically has to be one which applies to a particular property, not to the personal circumstances of the owner. The rationale for this is that the matter for consideration is the relationship between the particular plot and the wider area. Any effect which a variance has on this wider area will persist after a change of ownership, or even if the hardship ceases. In fact, many variances are given precisely because of personal hardship.

Contract zoning and site plan review

Zoning theoretically requires uniform conditions within districts. Uniformity, however can lead to undesirable rigidity, and it may be to the benefit of both the owner and the community to depart from a uniform regulation. It is here that contract zoning can be useful.

Essentially, contract zoning is, as the term suggests, the rezoning of a property subject to the terms of a contract. The process appears to be one in which the city informs a property owner that it does not have to rezone the property in question. The next step would be for the city to say it might rezone the property if the property owner agrees to do something in return. Typically, the terms of any agreement are negotiated between the owner and the local government following a specific proposal by the owner. Many of the conditions that have been imposed are now normally included in ‘site plan review’. This is the preparation of a site plan for approval by the planning board. Such a review can be a normal zoning requirement, or a special requirement for particular types of development such as cluster zones and planned unit developments.

Site plan reviews are needed to make sure the proposed development is in compliance with local zoning and other municipal ordinances. Plans to be reviewed generally take the form of a preliminary plan and a final plan. However, it is possible in some areas that a developer might choose to submit a final plan for review. It is a process ripe for negotiation between developer and public officials. The items to be reviewed might include a dimensional site plan, consistency with applicable zoning ordinance, landscaping, drainage, and compatibility with neighboring structures and the surrounding environment. Among the personnel that might review the plan are planners, zoning administrators, public works officials, building officials, street officials, etc. These individuals will determine whether the proposed site plan is in accordance with municipal zoning and the general plan, creates any public facility or traffic problems, complies with all other municipal requirements, and contributes to the protection of public health, safety, and welfare.

Zoning amendments

A zoning amendment (or ‘rezoning’, or ‘map amendment’) is similar to a use variance in that it permits a use which is not allowed by the provisions of the zoning ordinance. However, while a use variance grants the owner an exemption (and leaves the ordinance intact), an amendment changes the ordinance itself. An amendment should be of greater consequence than a variance but practice does not always conform to theory, or even legality.

Before you proceed, be sure to consult with an experienced Bountiful Utah real estate lawyer. The lawyer will review your documents and also advise you on the zoning rules applicable to your property. Zoning rules are very important. Never assume that the property you are purchasing for a specific purpose can be used for that purpose. Sometimes zoning rules may not permit the use of a property for a specific purpose. Utah zoning laws are complex. You need the services of an expert to guide you. So before you buy a property, talk to an experienced Bountiful Utah real estate lawyer.

Bountiful Utah Real Estate Attorney Free Consultation

When you need legal help with a real estate matter in Bountiful Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Can You Date While Legally Separated?

Criminal Defense Lawyer Herriman Utah

Relocating After Divorce In Utah

Life Insurance Beneficiary Lawyer

Improper Protective Orders

Is A Handwritten Will Legal?

from Michael Anderson https://www.ascentlawfirm.com/real-estate-lawyer-bountiful-utah/

[gonnagoandrunwiththehorses]

Real Estate Lawyer Bountiful Utah

Real estate law in Utah can be complex and difficult depending on your situation. At Ascent Law LLC, we help people in Bountiful Utah with Quiet Title Actions, Foreclosures, Forbearances, Abatements, Evictions for Landlord or Owners, litigation and trial work, sudivision issues, entitlements, land development, commercial and residential, along with trust work, business entity structuring, reversionary interest clauses in deeds, adverse possesion, notices of interest, and partition actions to name a few. If you need real estate help, consult an experienced Bountiful Utah real estate lawyer.

Zoning in the US is essentially a local matter. Even the decision on whether to operate a zoning system is usually a local one. Some localities have highly sophisticated zoning systems; some have none at all. But however complex a zoning system may be, it typically remains what it always has been: ‘a process by which the residents of a local community examine what people propose to do with their land, and decide whether or not they will permit it’.

The distinction between the ideal of planning and the reality of zoning is an important one. Planning is concerned with the long-term development (or preservation) of an area and the relationship between local objectives and overall community and regional goals. Zoning represents a major instrument of this; but it is more. Indeed, it has taken the place of the function to which it is supposedly subservient. One of the reasons for this is that responsibility for land use controls has been delegated to the lowest level of local government. These local authorities have traditionally been concerned with attracting development to their areas but, since the 1970s, there has been increasing pressure from electors for their communities to be preserved as they are (or at least safeguarded from unwelcome uses such as industry, apartments and low income housing). The powers of zoning provide a very effective tool for this-a tool that can be wielded with a skill that thwarts judicial action. The contrast with planning is a sharp one: a comprehensive plan would deal not only with the needs of the existing inhabitants of an area, but also with its role in meeting the needs for housing newcomers.

Local governments carry out their zoning and planning powers within the framework of powers conferred on them by the individual states, either by constitutional home rule authority or by a specific enabling Act. What has to be said, however, is that though some states exercise varying degrees of control over local governments, most do not.

Both the federal and state constitutions include provisions which are binding on municipalities. One of the most important of these is the protection of property rights. The Fifth Amendment to the Constitution provides: ‘nor shall private property be taken for public use without just compensation’. The ‘taking issue’ (alternatively known as the ‘just compensation issue’) is at the heart of the major problem facing zoning: when does the exercise of the police power over land use constitute such an infringement of the property right as to become a ‘taking’? The crucial matter, of course, is the definition of a ‘taking’.

The Fifth Amendment also includes what is termed ‘the public use doctrine’: that property can be ‘taken’ only for a public use. The interpretation of this doctrine has changed significantly in recent decades (illustrating the changes that can take place in the constitutional framework). Until the early 1950s, it was conservatively interpreted as meaning that property which was taken had to be literally used by a public body. Later cases have further extended ‘the public purpose’.

Subdivision controls

While zoning is concerned with the use of land, subdivision regulations relate to the division of land for sale. Originally designed to keep track of the legal ownership of land and to facilitate the establishment of clear titles (thus simplifying transactions), it has grown into a formidable tool of land use planning. Published in 1928 by the US Department of Commerce, the Standard City Planning Enabling Act defines subdivision as ‘the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development.’

Though subdivision and zoning are quite distinct in origin, they have come to share some important control features. With zoning, these are built into the zoning ordinance or imposed in the administration of the ordinance. Subdivision has acquired similar features (though it is usually applied only to residential development). The first controls were restricted to matters relating to roads. These ensured, for instance, that any streets built in a subdivision would be aligned with existing streets. These controls were extended to deal with the width of streets and sidewalks, setbacks and such like. This enabled local governments to prevent the creation of lots that were unacceptably small or badly configured. But it also gave them the scope to impose conditions relating to ‘improvements’. It was not a big step, politically, to move from requiring that roads be a certain width to making the actual provision of the roads a condition of subdivision.

Large lot zoning has the ostensible purpose of safeguarding the public welfare, for example by ensuring that there is good access for fire engines, that roads do not become unbearably congested, or that there is adequate open space. These and similar worthy objectives appear frequently in zoning cases, as does an alternative formulation: to keep out undesirable (that is different) people, and to maintain the social and economic exclusiveness of an area.

The Floor Area Ratio (FAR) regulates building bulk while providing the developer some latitude in determining the height of a building and its placement on the lot. It can be expressed as the total floor area divided by the total lot area. Another way to view it would be to take the FAR and multiply it by the lot area. This would equal the total amount of allowable floor space. It simply represents the maximum amount of floor space that can be built on a given lot. The FAR is usually expressed as a decimal fraction.

Conditional Use

There are some uses which, though permissible (and necessary), require review to ensure that they do not have an undesirable impact on an area. Hospitals, schools, day-care centers, and clubs, for example, are needed in a community, but their specific location may give rise to traffic congestion and dangers, or to severe parking difficulties. Similarly with gas stations in commercial districts, and multifamily dwellings in a single-family district. Zoning ordinances typically make specific provision for such developments which require special restrictions. Though terminology varies among municipalities, these are appropriately termed ‘conditional uses’.

In order to obtain a conditional use permit, applicants must follow the procedures dictated by the community. First, they must file an application for the conditional use permit. The permit would contain information on such items as a legal description of the land, a parcel map outlining the land in question and all adjoining properties, a deed showing ownership of the land, a plan showing what you want to do to the property, a signature by the owner of the property, and the necessary application fee. The application is then processed by the appropriate governing body. Notices are placed in various locations to alert other individuals and entities that a conditional use permit is being sought by a property owner.

Variances

While a conditional use is one which is permissible under the conditions of the zoning ordinance, a variance involves a relaxation of the provisions of the ordinance. The Standard State Zoning Enabling Act confers on the board of adjustment the power ‘to authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. Variances are of two types: ‘area’ (or ‘bulk’) and ‘use’. The former involves a departure from the requirements of the ordinance in relation to such matters as lot width, lot area, setback and the like. It recognizes that not all property is created alike. It allows unique circumstances to be considered by the regulatory body. By contrast, a use variance allows the establishment (or continuation) of a use which is prohibited by the ordinance. Allowing a house to be built closer to the lot line laid down in the variance would be an area variance; allowing a multifamily house in a single-family district would be a use variance. The hardship theoretically has to be one which applies to a particular property, not to the personal circumstances of the owner. The rationale for this is that the matter for consideration is the relationship between the particular plot and the wider area. Any effect which a variance has on this wider area will persist after a change of ownership, or even if the hardship ceases. In fact, many variances are given precisely because of personal hardship.

Contract zoning and site plan review

Zoning theoretically requires uniform conditions within districts. Uniformity, however can lead to undesirable rigidity, and it may be to the benefit of both the owner and the community to depart from a uniform regulation. It is here that contract zoning can be useful.

Essentially, contract zoning is, as the term suggests, the rezoning of a property subject to the terms of a contract. The process appears to be one in which the city informs a property owner that it does not have to rezone the property in question. The next step would be for the city to say it might rezone the property if the property owner agrees to do something in return. Typically, the terms of any agreement are negotiated between the owner and the local government following a specific proposal by the owner. Many of the conditions that have been imposed are now normally included in ‘site plan review’. This is the preparation of a site plan for approval by the planning board. Such a review can be a normal zoning requirement, or a special requirement for particular types of development such as cluster zones and planned unit developments.

Site plan reviews are needed to make sure the proposed development is in compliance with local zoning and other municipal ordinances. Plans to be reviewed generally take the form of a preliminary plan and a final plan. However, it is possible in some areas that a developer might choose to submit a final plan for review. It is a process ripe for negotiation between developer and public officials. The items to be reviewed might include a dimensional site plan, consistency with applicable zoning ordinance, landscaping, drainage, and compatibility with neighboring structures and the surrounding environment. Among the personnel that might review the plan are planners, zoning administrators, public works officials, building officials, street officials, etc. These individuals will determine whether the proposed site plan is in accordance with municipal zoning and the general plan, creates any public facility or traffic problems, complies with all other municipal requirements, and contributes to the protection of public health, safety, and welfare.

Zoning amendments

A zoning amendment (or ‘rezoning’, or ‘map amendment’) is similar to a use variance in that it permits a use which is not allowed by the provisions of the zoning ordinance. However, while a use variance grants the owner an exemption (and leaves the ordinance intact), an amendment changes the ordinance itself. An amendment should be of greater consequence than a variance but practice does not always conform to theory, or even legality.

Before you proceed, be sure to consult with an experienced Bountiful Utah real estate lawyer. The lawyer will review your documents and also advise you on the zoning rules applicable to your property. Zoning rules are very important. Never assume that the property you are purchasing for a specific purpose can be used for that purpose. Sometimes zoning rules may not permit the use of a property for a specific purpose. Utah zoning laws are complex. You need the services of an expert to guide you. So before you buy a property, talk to an experienced Bountiful Utah real estate lawyer.

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