Section 527 – Historic preservation authority.
Effective 5/9/2017 10-9a-527. Historic preservation authority. (1) (a) A legislative body may designate a historic preservation authority. (b) A legislative body may not designate the legislative body or the municipality’s governing body as a historic preservation authority. (2) In making administrative decisions on land use applications, a historic preservation authority shall apply the plain language […]
Section 528 – Cannabis production establishments, medical cannabis pharmacies, and industrial hemp producer licensee.
Effective 5/5/2021 10-9a-528. Cannabis production establishments, medical cannabis pharmacies, and industrial hemp producer licensee. (1) As used in this section: (a) “Cannabis production establishment” means the same as that term is defined in Section 4-41a-102. (b) “Industrial hemp producer licensee” means the same as the term “licensee” is defined in Section 4-41-102. (c) “Medical cannabis […]
Section 529 – Specified public utility located in a municipal utility easement.
Effective 5/5/2021 10-9a-529. Specified public utility located in a municipal utility easement. A specified public utility may exercise each power of a public utility under Section 54-3-27 if the specified public utility uses an easement: (1) with the consent of a municipality; and (2) that is located within a municipal utility easement described in Subsections […]
Section 530 – Internal accessory dwelling units.
Effective 10/1/2021 10-9a-530. Internal accessory dwelling units. (1) As used in this section: (a) “Internal accessory dwelling unit” means an accessory dwelling unit created: (i) within a primary dwelling; (ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the time the internal accessory dwelling unit is created; and (iii) for the […]
Section 531 – Utility service connections.
Effective 2/25/2021 10-9a-531. Utility service connections. (1) A municipality may not enact an ordinance, a resolution, or a policy that prohibits, or has the effect of prohibiting, the connection or reconnection of an energy utility service provided by a public utility as that term is defined in Section 54-2-1. (2) Subsection (1) does not apply […]
Section 532 – Development agreements.
Effective 5/5/2021 10-9a-532. Development agreements. (1) Subject to Subsection (2), a municipality may enter into a development agreement containing any term that the municipality considers necessary or appropriate to accomplish the purposes of this chapter. (2) (a) A development agreement may not: (i) limit a municipality’s authority in the future to: (A) enact a land […]
Section 533 – Infrastructure improvements involving roadways.
Effective 5/5/2021 10-9a-533. Infrastructure improvements involving roadways. (1) As used in this section: (a) “Low impact development” means the same as that term is defined in Section 19-5-108.5. (b) (i) “Pavement” means the bituminous or concrete surface of a roadway. (ii) “Pavement” does not include a curb or gutter. (c) “Residential street” means a public […]
Section 534 – Regulation of building design elements prohibited — Exceptions.
Effective 5/28/2021 10-9a-534. Regulation of building design elements prohibited — Exceptions. (1) As used in this section, “building design element” means: (a) exterior color; (b) type or style of exterior cladding material; (c) style, dimensions, or materials of a roof structure, roof pitch, or porch; (d) exterior nonstructural architectural ornamentation; (e) location, design, placement, or […]
Section 535 – Moderate income housing.
Effective 5/4/2022 10-9a-535. Moderate income housing. (1) A municipality may only require the development of a certain number of moderate income housing units as a condition of approval of a land use application if: (a) the municipality and the applicant enter into a written agreement regarding the number of moderate income housing units; or (b) […]
Section 516 – Regulation of residential facilities for persons with disabilities.
10-9a-516. Regulation of residential facilities for persons with disabilities. A municipality may only regulate a residential facility for persons with a disability to the extent allowed by: (1)Title 57, Chapter 21, Utah Fair Housing Act, and applicable jurisprudence; (2) the Fair Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., and applicable jurisprudence; […]