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
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 (70)(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 17-27a-103
Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103
(a)
The legislative body of a county of the first class may adopt an ordinance designating an area located within the county as a mountainous planning district if the legislative body determines that:
(i)
the area is primarily used for recreational purposes, including canyons, foothills, ski resorts, wilderness areas, lakes and reservoirs, campgrounds, or picnic areas within the Wasatch Range;
(ii)
the area is used by residents of the county who live inside and outside the limits of a municipality;
(iii)
the total resident population in the proposed mountainous planning district is equal to or less than 5% of the population of the county;
(iv)
the area is within the unincorporated area of the county or was within the unincorporated area of the county before May 12, 2015; and
(v)
the area includes land designated as part of a national forest on or before May 9, 2017.
(b)
The population figure under Subsection (1)(a)(iii) shall be derived from a population estimate by the Utah Population Committee.
(2)
(a)
A county may adopt a general plan and adopt a zoning or subdivision ordinance for a property that is located within a mountainous planning district.
(b)
A county plan or zoning or subdivision ordinance governs a property described in Subsection (2)(a).
