Section 508 – Exactions — Exaction for water interest — Requirement to offer to original owner property acquired by exaction.
Effective 5/10/2016 10-9a-508. Exactions — Exaction for water interest — Requirement to offer to original owner property acquired by exaction. (1) A municipality may impose an exaction or exactions on development proposed in a land use application, including, subject to Subsection (3), an exaction for a water interest, if: (a) an essential link exists between […]
Section 509 – Applicant’s entitlement to land use application approval — Municipality’s requirements and limitations — Vesting upon submission of development plan and schedule.
Effective 1/1/2023 10-9a-509. Applicant’s entitlement to land use application approval — Municipality’s requirements and limitations — Vesting upon submission of development plan and schedule. (1) (a) (i) An applicant who has submitted a complete land use application as described in Subsection (1)(c), including the payment of all application fees, is entitled to substantive review of […]
Section 509.5 – Review for application completeness — Substantive application review — Reasonable diligence required for determination of whether improvements or warranty work meets standards — Money damages claim prohibited.
Effective 3/24/2020 10-9a-509.5. Review for application completeness — Substantive application review — Reasonable diligence required for determination of whether improvements or warranty work meets standards — Money damages claim prohibited. (1) (a) Each municipality shall, in a timely manner, determine whether a land use application is complete for the purposes of subsequent, substantive land use […]
Section 509.7 – Transferable development rights.
10-9a-509.7. Transferable development rights. (1) A municipality may adopt an ordinance: (a) designating sending zones and receiving zones within the municipality; and (b) allowing the transfer of a transferable development right from a sending zone to a receiving zone. (2) A municipality may not allow the use of a transferable development right unless the municipality […]
Section 510 – Limit on fees — Requirement to itemize fees — Appeal of fee — Provider of culinary or secondary water.
Effective 5/5/2021 10-9a-510. Limit on fees — Requirement to itemize fees — Appeal of fee — Provider of culinary or secondary water. (1) A municipality may not impose or collect a fee for reviewing or approving the plans for a commercial or residential building that exceeds the lesser of: (a) the actual cost of performing […]
Section 511 – Nonconforming uses and noncomplying structures.
Effective 5/4/2022 10-9a-511. Nonconforming uses and noncomplying structures. (1) (a) Except as provided in this section, a nonconforming use or noncomplying structure may be continued by the present or a future property owner. (b) A nonconforming use may be extended through the same building, provided no structural alteration of the building is proposed or made […]
Section 511.5 – Changes to dwellings — Egress windows.
Effective 5/5/2021 10-9a-511.5. Changes to dwellings — Egress windows. (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) […]
Section 501 – Enactment of land use regulation, land use decision, or development agreement.
Effective 5/5/2021 10-9a-501. Enactment of land use regulation, land use decision, or development agreement. (1) Only a legislative body, as the body authorized to weigh policy considerations, may enact a land use regulation. (2) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use regulation only by ordinance. (b) A […]
Section 502 – Preparation and adoption of land use regulation.
Effective 5/14/2019 10-9a-502. Preparation and adoption of land use regulation. (1) A planning commission shall: (a) provide notice as required by Subsection 10-9a-205(1)(a) and, if applicable, Subsection 10-9a-205(4); (b) hold a public hearing on a proposed land use regulation; (c) if applicable, consider each written objection filed in accordance with Subsection 10-9a-205(4) prior to the […]
Section 503 – Land use ordinance or zoning map amendments — Historic district or area.
Effective 5/14/2019 10-9a-503. Land use ordinance or zoning map amendments — Historic district or area. (1) Only a legislative body may amend: (a) the number, shape, boundaries, area, or general uses of any zoning district; (b) any regulation of or within the zoning district; or (c) any other provision of a land use regulation. (2) […]