Utah Code 10-9a-502. Preparation and adoption of land use regulation
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(1) A planning commission shall:
Terms Used In Utah Code 10-9a-502
- 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
- Legislative body: means the municipal council. See Utah Code 10-9a-103
- 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 - Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103
- Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 10-9a-103
(1)(a) provide notice as required by Subsection 10-9a-205(1)(a) and, if applicable, Subsection 10-9a-205(4);
(1)(b) hold a public hearing on a proposed land use regulation;
(1)(c) if applicable, consider each written objection filed in accordance with Subsection 10-9a-205(4) prior to the public hearing; and
(1)(d)
(1)(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
(1)(d)(ii) forward to the legislative body all objections filed in accordance with Subsection 10-9a-205(4).
(2)
(2)(a) A legislative body shall consider each proposed land use regulation that the planning commission recommends to the legislative body.
(2)(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):
(2)(b)(i) as proposed by the planning commission; or
(2)(b)(ii) after making any revision the legislative body considers appropriate.
(2)(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.