Utah Code 10-9a-501. Enactment of land use regulation, land use decision, or development agreement
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(1) Only a legislative body, as the body authorized to weigh policy considerations, may enact a land use regulation.
Terms Used In Utah Code 10-9a-501
- Development agreement: means a written agreement or amendment to a written agreement between a municipality and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 10-9a-103
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Land use authority: means :(31)(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or(31)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103
- Land use decision: means an administrative decision of a land use authority or appeal authority regarding:(32)(a) a land use permit; or(32)(b) a land use application. See Utah Code 10-9a-103
- Legislative body: means the municipal council. See Utah Code 10-9a-103
- Municipal: means of or relating to a municipality. See Utah Code 10-1-104
- Municipality: means :(5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;(5)(b) a town, as classified in Section
10-2-301 ; or(5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
(2)
(2)(a) Except as provided in Subsection (2)(b), a legislative body may enact a land use regulation only by ordinance.
(2)(b) A legislative body may, by ordinance or resolution, enact a land use regulation that imposes a fee.
(3) A legislative body shall ensure that a land use regulation is consistent with the purposes set forth in this chapter.
(4)
(4)(a) A legislative body shall adopt a land use regulation to:
(4)(a)(i) create or amend a zoning district under Subsection 10-9a-503(1)(a); and
(4)(a)(ii) designate general uses allowed in each zoning district.
(4)(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 municipality 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:
(5)(a) zoned agricultural; or
(5)(b) assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.
(6) A municipal land use regulation pertaining to an airport or an airport influence area, as that term is defined in Section 72-10-401, is subject to Title 72, Chapter 10, Part 4, Airport Zoning Act.