76-25-304. Adoption and amendment of zoning regulations. (1) (a) The governing body shall adopt or amend a zoning regulation or map only after consideration by and on the recommendation of the planning commission.

Ask a real estate law question, get an answer ASAP!
Thousands of highly rated, verified real estate lawyers.
Specialties include: All Real Estate Law, Landlord and Tenant Law, Foreclosure, Homeowners' Association, Trespassing, Property Law, General Legal and more.
Click here to chat with a lawyer about your rights.

(b)An amendment to an adopted zoning regulation or map may be initiated:

(i)by majority vote of the governing body;

(ii)on petition of at least 15% of the electors of the local government jurisdiction to which the regulations apply, as registered at the last general election; or

(iii)by a property owner, as related to an application for any zoning, subdivision, or other land use permit or approval.

(2)Prior to making a recommendation to the governing body to adopt or amend a zoning regulation or map, the planning commission shall:

(a)provide public notice and participation in accordance with 76-25-106;

(b)accept, consider, and respond to public comment on the proposed zoning regulation, map, or amendment. All public comment must be part of the administrative record transmitted to the governing body.

(c)make a preliminary determination as to whether the zoning regulation and map as proposed or as amended would be in substantial compliance with the land use plan, including whether the zoning regulation or map:

(i)accommodates the projected needed housing types identified in 76-25-206;

(ii)contains five or more specific strategies from 76-25-302 to encourage the development of housing within the jurisdiction;

(iii)reflects allowable uses and densities in areas that may be adequately served by public safety, emergency, utility, transportation, education, and any other local facilities or services identified by the local government in 76-25-207;

(iv)allows sufficient area for existing, new, or expanding commercial, industrial, and institutional enterprises the local government has identified in 76-25-208 for targeted economic growth in the jurisdiction;

(v)protects and maximizes the potential use of natural resources within the area, as identified in 76-25-209;

(vi)minimizes or avoids impacts to the natural environment within the area, as identified in 76-25-209; and

(vii)avoids or minimizes dangers associated with natural hazards in the jurisdiction, as identified in 76-25-209; and

(d)preliminarily determine whether the proposed zoning regulation, map, or amendment results in new or increased impacts to or from local facilities, services, natural resources, natural environment, or natural hazards from those previously described and analyzed in the assessment conducted for the land use plan.

(3)If the planning commission finds new or increased impacts from the proposed regulation, map, or amendment, as provided in subsection (2)(d), the local government shall collect additional data and conduct additional analysis necessary to provide the planning commission and the public with the opportunity to comment on and consider all potential impacts resulting from adoption of the zoning regulation, map, or amendment.

(4)After meeting the requirements of subsections (2) and (3), the planning commission shall make a final recommendation to the governing body to approve, modify, or reject the proposed zoning regulation, map, or amendment.

(5)(a) The governing body shall consider each zoning regulation, map, or amendment that the planning commission recommends to the governing body.

(b)After providing public notice and participation in accordance with 76-25-106, the governing body may adopt, adopt with revisions the governing body considers appropriate, or reject the zoning regulation, map, or amendment as proposed by the planning commission.

(c)The governing body may not condition an amendment to a zoning regulation or map.

(d)The governing body may not adopt or amend a zoning regulation or map unless the governing body finds that:

(i)the regulation, map, or amendment is in substantial compliance with the land use plan; and

(ii)the impacts resulting from development in substantial compliance with the proposed zoning regulation, map, or amendment have been made available for public review and comment and have been fully considered by the governing body.

(6)After the zoning regulation, map, or amendment has been adopted by the governing body, there is a presumption that:

(a)all permitting in substantial compliance with the zoning regulation, map, or amendment is in substantial compliance with the land use plan; and

(b)the public has been provided a meaningful opportunity to participate.