Section 707 – Scope of review of factual matters on appeal — Appeal authority requirements.
Effective 5/14/2019 10-9a-707. Scope of review of factual matters on appeal — Appeal authority requirements. (1) A municipality may, by ordinance, designate the scope of review of factual matters for appeals of land use authority decisions. (2) If the municipality fails to designate a scope of review of factual matters, the appeal authority shall review […]
Section 708 – Final decision.
Effective 3/24/2020 10-9a-708. Final decision. (1) A decision of an appeal authority takes effect on the date when the appeal authority issues a written decision, or as otherwise provided by ordinance. (2) A written decision, or other event as provided by ordinance, constitutes a final decision under Subsection 10-9a-801(2)(a) or a final action under Subsection […]
Section 801 – No district court review until administrative remedies exhausted — Time for filing — Tolling of time — Standards governing court review — Record on review — Staying of decision.
Effective 5/4/2022 10-9a-801. No district court review until administrative remedies exhausted — Time for filing — Tolling of time — Standards governing court review — Record on review — Staying of decision. (1) No person may challenge in district court a land use decision until that person has exhausted the person’s administrative remedies as provided […]
Section 802 – Enforcement.
Effective 5/12/2020 10-9a-802. Enforcement. (1) (a) A municipality or an adversely affected party may, in addition to other remedies provided by law, institute: (i) injunctions, mandamus, abatement, or any other appropriate actions; or (ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act. (b) A municipality need only establish the violation […]
Section 803 – Penalties — Notice.
10-9a-803. Penalties — Notice. (1) The municipality may, by ordinance, establish civil penalties for violations of any of the provisions of this chapter or of any ordinances adopted under the authority of this chapter. (2) Violation of any of the provisions of this chapter or of any ordinances adopted under the authority of this chapter […]
Section 902 – Vested critical infrastructure materials operations — Conclusive presumption.
Effective 5/14/2019 10-9a-902. Vested critical infrastructure materials operations — Conclusive presumption. (1) (a) Critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the municipality are conclusively presumed to be vested critical infrastructure materials operations if the critical infrastructure materials operations permitted by the municipality, existed or was […]
Section 903 – Rights of a critical infrastructure materials operator with a vested critical infrastructure materials operations.
Effective 5/14/2019 10-9a-903. Rights of a critical infrastructure materials operator with a vested critical infrastructure materials operations. Notwithstanding a political subdivision’s prohibition, restriction, or other limitation on a critical infrastructure materials operations adopted after the establishment of the critical infrastructure materials operations, the rights of a critical infrastructure materials operator with vested critical infrastructure materials […]
Section 904 – Notice.
Effective 5/14/2019 10-9a-904. Notice. For any new subdivision development located in whole or in part within 1,000 feet of the boundary of a vested critical infrastructure materials operations, the owner of the development shall provide notice on any plat filed with the county recorder the following notice: “Vested Critical Infrastructure Materials Operations This property is […]
Section 905 – Abandonment of a vested critical infrastructure materials operations.
Effective 5/14/2019 10-9a-905. Abandonment of a vested critical infrastructure materials operations. (1) A critical infrastructure materials operator may abandon some or all of a vested critical infrastructure materials operations use only as provided in this section. (2) To abandon some or all of a vested critical infrastructure materials operations, a critical infrastructure materials operator shall […]
Section 609 – Land use authority approval of vacation or amendment of plat — Recording the amended plat.
Effective 5/14/2019 10-9a-609. Land use authority approval of vacation or amendment of plat — Recording the amended plat. (1) The land use authority may approve the vacation or amendment of a plat by signing an amended plat showing the vacation or amendment if the land use authority finds that: (a) there is good cause for […]