Effective 5/5/2021 17-27a-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 […]
Effective 5/14/2019 17-27a-503. Zoning district or land use regulation amendments. (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) A legislative body may not […]
Effective 5/5/2021 17-27a-506. Conditional uses. (1) (a) A county 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 county may not impose a requirement or standard on a conditional use that conflicts with a provision […]
17-27a-507. Exactions — Exaction for water interest — Requirement to offer to original owner property acquired by exaction. (1) A county 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 a legitimate […]
Effective 1/1/2023 17-27a-508. Applicant’s entitlement to land use application approval — Application relating to land in a high priority transportation corridor — County’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, including the payment of all application fees, […]
Effective 5/5/2021 17-27a-509. Limit on fees — Requirement to itemize fees — Appeal of fee — Provider of culinary or secondary water. (1) A county 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 17-27a-510. Nonconforming uses and noncomplying structures. (1) (a) Except as provided in this section, a nonconforming use or a 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 […]
Effective 5/5/2021 17-27a-510.5. 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 17-27a-511. Termination of a billboard and associated rights. (1) A county 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 17-27a-512. County’s acquisition of billboard by eminent domain — Removal without providing compensation — Limit on allowing nonconforming billboard to be rebuilt or replaced — Validity of county 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 […]
17-27a-513. 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 […]
17-27a-514. Regulation of amateur radio antennas. (1) A county 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 county […]
17-27a-515. Regulation of residential facilities for persons with disabilities. A county 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; […]
17-27a-519. Licensing of residences for persons with a disability. The responsibility to license programs or entities that operate facilities for persons with a disability, as well as to require and monitor the provision of adequate services to persons residing in those facilities, shall rest with: (1) for programs or entities licensed or certified by the […]
Effective 5/4/2022 17-27a-520. Wetlands. (1) A county may not designate or treat any land as wetlands unless the United States Army Corps of Engineers or other agency of the federal government has designated the land as wetlands. (2) A land use authority that issues a land use permit that affects land designated as wetlands by […]
17-27a-521. Refineries. (1) As used in this section, “develop” or “development” means: (a) the construction, alteration, or improvement of land, including any related moving, demolition, or excavation outside of a refinery property boundary; (b) the subdivision of land for a non-industrial use; or (c) the construction of a non-industrial structure on a parcel that is […]
Effective 5/5/2021 17-27a-522. Property boundary adjustment. (1) To make a parcel line adjustment, a property owner shall: (a) execute a boundary adjustment through: (i) a quitclaim deed; or (ii) a boundary line agreement under Section 17-27a-523; and (b) record the quitclaim deed or boundary line agreement described in Subsection (1)(a) in the office of the […]
Effective 5/5/2021 17-27a-523. Boundary line agreement. (1) If properly executed and acknowledged as required by law, an agreement between owners of adjoining property that designates the boundary line between the adjoining properties acts, upon recording in the office of the recorder of the county in which each property is located, as a quitclaim deed to […]
17-27a-524. Site plan. A site plan submitted to a county for approval of a building permit: (1) if modified, may not be used to impose a penalty on a property owner; (2) does not represent an agreement for a specific final layout; (3) does not bind an owner from future development activity or modifications to […]
Effective 5/5/2021 17-27a-525. Cannabis production establishments and medical cannabis pharmacies. (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 pharmacy” means the same […]
