(1)  A municipality may adopt an ordinance:

Terms Used In Utah Code 10-9a-509.7

  • 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
  • Receiving zone: means an area of a municipality that the municipality designates, by ordinance, as an area in which an owner of land may receive a transferable development right. See Utah Code 10-9a-103
  • Sending zone: means an area of a municipality that the municipality designates, by ordinance, as an area from which an owner of land may transfer a transferable development right. See Utah Code 10-9a-103
  • Transferable development right: means a right to develop and use land that originates by an ordinance that authorizes a land owner in a designated sending zone to transfer land use rights from a designated sending zone to a designated receiving zone. See Utah Code 10-9a-103
  • (a)  designating sending zones and receiving zones within the municipality; and

    (b)  allowing the transfer of a transferable development right from a sending zone to a receiving zone.

    (2)  A municipality may not allow the use of a transferable development right unless the municipality adopts an ordinance described in Subsection (1).

    Amended by Chapter 231, 2012 General Session