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Terms Used In Utah Code 10-9a-527

  • Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
  • Historic preservation authority: means a person, board, commission, or other body designated by a legislative body to:
         (19)(a) recommend land use regulations to preserve local historic districts or areas; and
         (19)(b) administer local historic preservation land use regulations within a local historic district or area. 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
  • 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
     (1)(a) A legislative body may designate a historic preservation authority.
     (1)(b) A legislative body may not designate the legislative body or the municipality‘s governing body as a historic preservation authority.
(2) In making administrative decisions on land use applications, a historic preservation authority shall apply the plain language of the land use regulations to a land use application.
(3) If a land use regulation does not plainly restrict a land use application, the historic preservation authority shall interpret and apply the land use regulation to favor the land use application.