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 […]
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 […]
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) […]
10-9a-504. Temporary land use regulations. (1) (a) A municipal legislative body may, without prior consideration of or recommendation from the planning commission, enact an ordinance establishing a temporary land use regulation for any part or all of the area within the municipality if: (i) the legislative body makes a finding of compelling, countervailing public interest; […]
Effective 5/12/2015 10-9a-505. Zoning districts. (1) (a) The legislative body may divide the territory over which it has jurisdiction into zoning districts of a number, shape, and area that it considers appropriate to carry out the purposes of this chapter. (b) Within those zoning districts, the legislative body may regulate and restrict the erection, construction, […]
Effective 5/5/2021 10-9a-505.5. Limit on single family designation. (1) As used in this section, “single-family limit” means the number of individuals allowed to occupy each residential unit that is recognized by a land use authority in a zone permitting occupancy by a single family. (2) A municipality may not adopt a single-family limit that is […]
10-9a-506. Regulating annexed territory. (1) The legislative body of each municipality shall assign a land use zone or a variety thereof to territory annexed to the municipality at the time the territory is annexed. (2) If the legislative body fails to assign a land use zone at the time the territory is annexed, all land […]
Effective 5/5/2021 10-9a-507. Conditional uses. (1) (a) A municipality may adopt a land use ordinance that includes conditional uses and provisions for conditional uses that require compliance with objective standards set forth in an applicable ordinance. (b) A municipality may not impose a requirement or standard on a conditional use that conflicts with a provision […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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) […]
Effective 5/8/2018 10-9a-512. Termination of a billboard and associated rights. (1) A municipality may only require termination of a billboard and associated rights through: (a) gift; (b) purchase; (c) agreement; (d) exchange; or (e) eminent domain. (2) A termination under Subsection (1)(a), (b), (c), or (d) requires the voluntary consent of the billboard owner. (3) […]
Effective 5/8/2018 10-9a-513. Municipality’s acquisition of billboard by eminent domain — Removal without providing compensation — Limit on allowing nonconforming billboards to be rebuilt or replaced — Validity of municipal permit after issuance of state permit. (1) As used in this section: (a) “Clearly visible” means capable of being read without obstruction by an occupant […]
10-9a-514. Manufactured homes. (1) For purposes of this section, a manufactured home is the same as defined in Section 15A-1-302, except that the manufactured home shall be attached to a permanent foundation in accordance with plans providing for vertical loads, uplift, and lateral forces and frost protection in compliance with the applicable building code. All […]
10-9a-515. Regulation of amateur radio antennas. (1) A municipality may not enact or enforce an ordinance that does not comply with the ruling of the Federal Communications Commission in “Amateur Radio Preemption, 101 FCC 2nd 952 (1985)” or a regulation related to amateur radio service adopted under 47 C.F.R. Part 97. (2) If a municipality […]
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; […]
