Section 610 – Restrictions for solar and other energy devices.
10-9a-610. Restrictions for solar and other energy devices. The land use authority may refuse to approve or renew any plat, subdivision plan, or dedication of any street or other ground, if deed restrictions, covenants, or similar binding agreements running with the land for the lots or parcels covered by the plat or subdivision prohibit or […]
Section 611 – Prohibited acts.
Effective 5/12/2020 10-9a-611. Prohibited acts. (1) (a) (i) If a subdivision requires a plat, an owner of any land located in a subdivision who transfers or sells any land in that subdivision before a plat of the subdivision has been approved and recorded violates this part for each lot or parcel transferred or sold. (ii) […]
Section 701 – Appeal authority required — Condition precedent to judicial review — Appeal authority duties.
Effective 5/5/2021 10-9a-701. Appeal authority required — Condition precedent to judicial review — Appeal authority duties. (1) (a) Each municipality adopting a land use ordinance shall, by ordinance, establish one or more appeal authorities. (b) An appeal authority described in Subsection (1)(a) shall hear and decide: (i) requests for variances from the terms of land […]
Section 702 – Variances.
10-9a-702. Variances. (1) Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the applicable appeal authority for a variance from the terms of the […]
Section 703 – Appealing a land use authority’s decision — Panel of experts for appeals of geologic hazard decisions — Automatic appeal for certain decisions.
Effective 5/12/2020 10-9a-703. Appealing a land use authority’s decision — Panel of experts for appeals of geologic hazard decisions — Automatic appeal for certain decisions. (1) The land use applicant, a board or officer of the municipality, or an adversely affected party may, within the applicable time period, appeal that decision to the appeal authority […]
Section 704 – Time to appeal.
Effective 5/12/2020 10-9a-704. Time to appeal. (1) The municipality shall enact an ordinance establishing a reasonable time of not less than 10 days to appeal to an appeal authority a written decision issued by a land use authority. (2) In the absence of an ordinance establishing a reasonable time to appeal, a land use applicant […]
Section 705 – Burden of proof.
10-9a-705. Burden of proof. The appellant has the burden of proving that the land use authority erred. Enacted by Chapter 254, 2005 General Session
Section 706 – Due process.
10-9a-706. Due process. (1) Each appeal authority shall conduct each appeal and variance request as provided in local ordinance. (2) Each appeal authority shall respect the due process rights of each of the participants. Enacted by Chapter 254, 2005 General Session
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 […]
Section 536 – Water wise landscaping.
Effective 5/4/2022 10-9a-536. Water wise landscaping. (1) As used in this section: (a) “Lawn or turf” means nonagricultural land planted in closely mowed, managed grasses. (b) “Mulch” means material such as rock, bark, wood chips, or other materials left loose and applied to the soil. (c) “Overhead spray irrigation” means above ground irrigation heads that […]