Utah Code 10-9a-102. Purposes — General land use authority

10-9a-102. Purposes — General land use authority.

(1)

The purposes of this chapter are to:

Terms Used In Utah Code 10-9a-102

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Land: includes :Utah Code 68-3-12.5
Land use authority: means :

(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

(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

Municipality: means :

(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;

(b)	a town, as classified in Section 10-2-301; or

(c)	a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104 Property: includes both real and personal property. See Utah Code 68-3-12.5 State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
(a)	provide for the health, safety, and welfare;

(b)	promote the prosperity;

(c)	improve the morals, peace, good order, comfort, convenience, and aesthetics of each municipality and each municipality’s present and future inhabitants and businesses;

(d)	protect the tax base;

(e)	secure economy in governmental expenditures;

(f)	foster the state‘s agricultural and other industries;

(g)	protect both urban and nonurban development;

(h)	protect and ensure access to sunlight for solar energy devices;

(i)	provide fundamental fairness in land use regulation;

(j)	facilitate orderly growth and allow growth in a variety of housing types; and

(k)	protect property values.

(2)

To accomplish the purposes of this chapter, a municipality may enact all ordinances, resolutions, and rules and may enter into other forms of land use controls and development agreements that the municipality considers necessary or appropriate for the use and development of land within the municipality, including ordinances, resolutions, rules, restrictive covenants, easements, and development agreements governing:

(a)

uses;

(b)

density;

(c)	open spaces;

(d)	structures;

(e)	buildings;

(f)	energy efficiency;

(g)	light and air;

(h)	air quality;

(i)	transportation and public or alternative transportation;

(j)	infrastructure;

(k)	street and building orientation;

(l)	width requirements;

(m)	public facilities;

(n)	fundamental fairness in land use regulation; and

(o)	considerations of surrounding land uses to balance the foregoing purposes with a landowner’s private property interests and associated statutory and constitutional protections.

(3)

(a)	Any ordinance, resolution, or rule enacted by a municipality pursuant to its authority under this chapter shall comply with the state’s exclusive jurisdiction to regulate oil and gas activity, as described in Section 40-6-2.5.

(b)

A municipality may enact an ordinance, resolution, or rule that regulates surface activity incident to an oil and gas activity if the municipality demonstrates that the regulation:

(i)	is necessary for the purposes of this chapter;

(ii)	does not effectively or unduly limit, ban, or prohibit an oil and gas activity; and

(iii)

does not interfere with the state’s exclusive jurisdiction to regulate oil and gas activity, as described in Section 40-6-2.5.

Amended by Chapter 384, 2019 General Session

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