Section 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 public hearing; and
  • (d)
    • (i) review and recommend to the legislative body a proposed land use regulation that represents the planning commission’s recommendation for regulating the use and development of land within all or any part of the area of the municipality; and
    • (ii) forward to the legislative body all objections filed in accordance with Subsection 10-9a-205(4).

• (2)
  • (a) A legislative body shall consider each proposed land use regulation that the planning commission recommends to the legislative body.
  • (b) After providing notice as required by Subsection 10-9a-205(1)(b) and holding a public meeting, the legislative body may adopt or reject the land use regulation described in Subsection (2)(a):
    • (i) as proposed by the planning commission; or
    • (ii) after making any revision the legislative body considers appropriate.
  • (c) A legislative body may consider a planning commission’s failure to make a timely recommendation as a negative recommendation if the legislative body has provided for that consideration by ordinance.

Amended by Chapter 384, 2019 General Session