Section 501 – Enactment of land use regulation.

• (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 legislative body may, by ordinance or resolution, enact a land use regulation that imposes a fee.

• (3) A land use regulation shall be consistent with the purposes set forth in this chapter.

• (4)
  • (a) A legislative body shall adopt a land use regulation to:
    • (i) create or amend a zoning district under Subsection 17-27a-503(1)(a); and
    • (ii) designate general uses allowed in each zoning district.
  • (b) A land use authority may establish or modify other restrictions or requirements other than those described in Subsection (4)(a), including the configuration or modification of uses or density, through a land use decision that applies criteria or policy elements that a land use regulation establishes or describes.

• (5) A county may not adopt a land use regulation, development agreement, or land use decision that restricts the type of crop that may be grown in an area that is:
  • (a) zoned agricultural; or
  • (b) assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.

Amended by Chapter 60, 2021 General Session