Utah Code 10-9a-527. Historic preservation authority

10-9a-527. Historic preservation authority.

(1)

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:

(a)	recommend land use regulations to preserve local historic districts or areas; and

(b)

administer local historic preservation land use regulations within a local historic district or area. See Utah Code 10-9a-103

Legislative body: means the municipal council. 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
(a)	A legislative body may designate a historic preservation authority.

(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.

Enacted by Chapter 17, 2017 General Session