17-27a-502.  Preparation and adoption of land use regulation.

(1)  A planning commission shall:

Terms Used In Utah Code 17-27a-502

  • Land: includes :Utah Code 68-3-12.5
  • 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
  • Mountainous planning district: means an area designated by a county legislative body in accordance with Section 17-27a-901. See Utah Code 17-27a-103
  • Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 17-27a-103
  • Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 17-27a-103
  • Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103
  • (a)  provide notice as required by Subsection 17-27a-205(1)(a) and, if applicable, Subsection 17-27a-205(4);

    (b)  hold a public hearing on a proposed land use regulation;

    (c)  if applicable, consider each written objection filed in accordance with Subsection 17-27a-205(4) prior to the public hearing; and

    (d) 

    (i)  review and recommend to the legislative body a proposed land use regulation that represents the planning commission’s recommendation for regulating the use and development of land within:

    (A)  all or any part of the unincorporated area of the county; or

    (B)  for a mountainous planning district, all or any part of the area in the mountainous planning district; and

    (ii)  forward to the legislative body all objections filed in accordance with Subsection 17-27a-205(4).

    (2) 

    (a)  The legislative body shall consider each proposed land use regulation that the planning commission recommends to the legislative body.

    (b)  After providing notice as required by Subsection 17-27a-205(1)(b) and holding a public meeting, the legislative body may adopt or reject the proposed land use regulation described in Subsection (2)(a):

    (i)  as proposed by the planning commission; or

    (ii)  after making any revision the legislative body considers appropriate.

    (c)  A legislative body may consider a planning commission’s failure to make a timely recommendation as a negative recommendation if the legislative body has provided for that consideration by ordinance.

    Amended by Chapter 384, 2019 General Session