Only a legislative body, as the body authorized to weigh policy considerations, may enact a land use regulation.
Terms Used In Utah Code 17-27a-501
Development agreement: means a written agreement or amendment to a written agreement between a county and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 17-27a-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 17-27a-103
Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
(a)
a land use permit;
(b)
a land use application; or
(c)
the enforcement of a land use regulation, land use permit, or development agreement. See Utah Code 17-27a-103
Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(a)
the power and duty to enact ordinances, levy taxes, and establish budgets; and
(b)
those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
Legislative body: means the county legislative body, or for a county that has adopted an alternative form of government, the body exercising legislative powers. See Utah Code 17-27a-103
(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 land use regulation shall be 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 17-27a-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 county 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 county 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.
