10-9a-501. Enactment of land use regulation, land use decision, or development agreement.
(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
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
Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
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
(2)
(a)
Except as provided in Subsection (2)(b), a legislative body may enact a land use regulation only by ordinance.
(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)
(a)
A legislative body shall adopt a land use regulation to:
(i)
create or amend a zoning district under Subsection 10-9a-503(1)(a); and
(ii)
designate general uses allowed in each zoning district.
(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:
(a)
zoned agricultural; or
(b)
assessed under 5.
(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 4.
