10-9a-504.  Temporary land use regulations.

(1) 

Terms Used In Utah Code 10-9a-504

(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
  • Subdivision: includes :
    (i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
    (ii) except as provided in Subsection (65)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103
    (a)  Except as provided in Subsection (2)(b), a municipal legislative body may, without prior consideration of or recommendation from the planning commission, enact an ordinance establishing a temporary land use regulation for any part or all of the area within the municipality if:

    (i)  the legislative body makes a finding of compelling, countervailing public interest; or

    (ii)  the area is unregulated.

    (b)  A temporary land use regulation under Subsection (1)(a) may prohibit or regulate the erection, construction, reconstruction, or alteration of any building or structure or any subdivision approval.

    (c)  A temporary land use regulation under Subsection (1)(a) may not impose an impact fee or other financial requirement on building or development.

    • (2) 

    (a)  The municipal legislative body shall establish a period of limited effect for the ordinance not to exceed 180 days.

    (b)  A municipal legislative body may not apply the provisions of a temporary land use regulation to the review of a specific land use application if the land use application is impaired or prohibited by proceedings initiated under Subsection 10-9a-509(1)(a)(ii)(B).

    (3) 

    (a)  A municipal legislative body may, without prior planning commission consideration or recommendation, enact an ordinance establishing a temporary land use regulation prohibiting construction, subdivision approval, and other development activities within an area that is the subject of an Environmental Impact Statement or a Major Investment Study examining the area as a proposed highway or transportation corridor.

    (b)  A regulation under Subsection (3)(a):

    (i)  may not exceed 180 days in duration;

    (ii)  may be renewed, if requested by the Transportation Commission created under Section 72-1-301, for up to two additional 180-day periods by ordinance enacted before the expiration of the previous regulation; and

    (iii)  notwithstanding Subsections (3)(b)(i) and (ii), is effective only as long as the Environmental Impact Statement or Major Investment Study is in progress.

    Amended by Chapter 478, 2023 General Session

      Previous section
    Next section  
     Part 5 Contents

    LawServer is used by

    New York Times, IRS, USDA, UCLA, DOT