Title 11 — Counties

In this chapter, unless the context otherwise requires: 1. "Aggregate" means cinder, crushed rock or stone, decomposed granite, gravel, pumice, pumicite and sand. 2. "Area of jurisdiction" means that part of the county outside the corporate limits of any municipality. 3. "Board" …

B. The commission shall act in an advisory capacity to the board and may or, if requested by the board, shall make a report or recommendation in connection with any matter relating to the development of the county under the jurisdiction of the board. The commission shall make tho…

B. If a consultant or employees, or both, are provided to carry on county planning work as prescribed in this chapter, the regularly appointed planning and zoning commission of an incorporated city or town within the county may request the services of the consultant or employees,…

B. In addition to the other matters that are required or authorized under this section and this article, for counties with a population of more than one hundred twenty-five thousand persons, the comprehensive plan shall include, and for other counties the comprehensive plan may i…

A. The board shall adopt a comprehensive plan and subsequently amend or extend the adopted plan as provided by this article. On adoption or readoption, the plan, or any part of the plan, shall be the official guide for the development of the area of jurisdiction. Any change, amen…

B. In any county with a population of less than five hundred thousand persons, any cities and towns and the county sharing a multijurisdictional area with a combined population of more than fifty thousand but less than one hundred thousand persons, according to the most recent of…

B. A specific zoning plan may be adopted or amended after notice and hearings before the commission and board as provided in section 11-813. If the board adopts a specific zoning plan, it shall establish administrative rules and procedures for the application and enforcement of t…

A. The county planning and zoning commission may prepare a plan and provide regulations determining the location of infrastructure service area boundaries consistent with the growth area element of the comprehensive plan beyond which the county may limit or prescribe conditions o…

A. A county in the design phase of a public works project shall provide notice and opportunity for comment to all utilities the county believes may be impacted by the public works project for the purposes of: 1. Eliminating or minimizing the need for relocation of aerial, surface…

A. A county planning and zoning commission in exercising its authority pursuant to this title shall not require as part of a subdivision approval or zoning ordinance that a subdivider or developer establish an association as defined in section 33-1802. A subdivider or developer s…

1. At least one attached and one detached accessory dwelling unit as a permitted use. 2. A minimum of one additional detached accessory dwelling unit as a permitted use on a lot or parcel that is one acre or more in size. The county may require at least one accessory dwelling uni…

1. Shall show the zoning districts designated as appropriate for various classes of residential, business and industrial uses and shall provide for the establishment of setback lines and other plans providing for adequate light, air and parking facilities and for expediting traff…

A. Nothing contained in any ordinance authorized by this chapter shall: 1. Affect existing uses of property or the right to its continued use or the reasonable repair or alteration of the property for the purpose for which used at the time the ordinance affecting the property tak…

B. After the commission recommends the zoning ordinance, the zoning ordinance shall be submitted to the board of supervisors for its consideration and official action. After the board considers the commission's recommendation, the board shall hold at least one public hearing at w…

B. A property owner or authorized agent of a property owner desiring a rezoning shall file an application for the rezoning. C. The commission, on its own motion, may propose a rezoning and, after holding a public hearing as required by this chapter, may transmit the proposal to t…

B. After the establishment and filling of the position, it is unlawful to erect, construct, reconstruct, alter or use any building or other structure within a zoning district covered by the ordinance without first obtaining a building permit from the inspector and for that purpos…

B. The board of adjustment may: 1. Interpret the zoning ordinance if the meaning of any word, phrase or section is in doubt, if there is dispute between the appellant and enforcing officer or if the location of a district boundary is in doubt. 2. Allow a variance from the terms o…

1. The establishment, execution and recordation of instruments to sever development rights transferred from the sending property and to affix the development rights to the receiving property. The instruments shall be executed by the property owners of the sending and receiving pr…

1. Rezone the property. 2. Issue a building or other development permit, including an application for construction or installation of a publicly or privately operated utility, for the property. 3. Subdivide the property or otherwise divide the property, including any land divisio…

1. Amend, modify or change a general plan or comprehensive plan land use designation. 2. Establish, amend, modify or change an area plan, character plan, master development plan or site plan. 3. Amend, modify or change the zoning designation, overlay zoning designation or the reg…

A. Except as provided in subsection B of this section, a county shall not adopt a land use regulation or general plan provision, or impose as a condition for approving a building or use permit, a requirement or fee that has the effect of establishing the sales or lease price for …

A. Any ordinance authorized by this chapter shall not restrict or otherwise regulate the owner of a home-based business that holds a valid license from: 1. Making residential property improvements to add doors, shelving or display racks for use by the home-based business. 2. Disp…

A county may not adopt or enforce a land use regulation that requires the property on which a nongovernmental primary or secondary school operates to be larger than one acre.

B. On registration as an assisted living home or when a land use application for an assisted living home is filed, the county shall provide written notice of the administrative procedure to request a reasonable accommodation as prescribed in subsection A of this section. C. If a …

B. For the purposes of this section: 1. "Accessory dwelling unit" means an independent dwelling unit that includes a kitchen and that is located on the same lot as a single-family housing unit, duplex, triplex, townhome or other housing unit. 2. "Park model trailer" means a trail…

A. A county may not adopt any law, ordinance or other regulation that prohibits a resident of a single-family detached residence on a lot that is one-half acre or less in size from keeping up to six fowl in the backyard of the property. A county may: 1. Prohibit a resident from k…

A. The county board of supervisors shall regulate the subdivision of all lands within its corporate limits, except subdivisions that are regulated by municipalities. B. The commission shall recommend to the board and the board shall adopt general regulations of uniform applicatio…

A. A plat of a subdivision of land within the area of jurisdiction of the county shall not be accepted for recording or recorded until it has been approved by the board or a county employee who is authorized by the adopted county ordinance. The approval of the board or a county e…

A. To protect the public health and safety, the general regulations adopted by the board pursuant to section 11-821, subsection B, if approved by unanimous vote of the board of supervisors, may provide that, except as provided in subsection C and subsection D, paragraph 1 of this…

A. The board of supervisors of each county may adopt ordinances and regulations pursuant to this section for staff review and approval of land divisions of five or fewer lots, parcels or fractional interests, any of which is ten acres or smaller in size. The county may not deny a…

1. The requirement by a county of a dedication or exaction as a condition of granting approval for the use, improvement or development of real property. This section does not apply to a dedication or exaction that is required in a legislative act of the board of supervisors and t…

A. A county shall not adopt a moratorium on construction or land development unless it first: 1. Provides notice to the public published once in a newspaper of general circulation in the community at least thirty days before a final public hearing to be held to consider the adopt…

A. In any county that has adopted zoning pursuant to this chapter, the board of supervisors may adopt and enforce, for the unincorporated areas of the county so zoned, a building code and other related codes to regulate the quality, type of material and workmanship of all aspects…

A. Any code adopted pursuant to this article may contain a provision requiring new single family residences in the county to be designed to facilitate the future installation of solar water heating equipment. B. The phrase "facilitate the future installation" as used in subsectio…

A. Any code adopted pursuant to this article shall contain a provision for an advisory board consisting of at least five members in order to determine the suitability of alternative materials and construction and to permit interpretations of the provisions of such code. The advis…

A. Any county may contract with a city or town to provide for enforcement of such codes or rules and regulations adopted pursuant thereto. B. The board may adopt necessary rules and regulations for the enforcement of any code adopted under this article, provided that any such rul…

Any code authorized by this article may be enacted without setting forth in full the provisions, but the adopting ordinance shall be published in full. At least three paper copies or one paper copy and one electronic copy maintained in compliance with section 44-7041 of the code …

A. This article does not apply to: 1. Construction or operation incidental to construction and repair to irrigation and drainage ditches or appurtenances thereto, of regularly constituted districts or reclamation districts, or to farming, dairying, agriculture, viticulture, horti…

A penalty clause contained in a code adopted by reference shall not be adopted by reference but shall be set forth in full in the adopting ordinance. The penalty provisions of section 11-815 may be applied by the county in enforcing this article.

B. Any code, ordinance, land use restriction or general or specific plan provision or part of a code, ordinance, land use regulation or general or specific plan provision adopted by a county may not prohibit or have the effect of restricting a person's or entity's ability to use …

A. A county that contains any part of area A, as defined in section 49-541, shall develop, implement and enforce in area A, as defined in section 49-541, an ordinance relating to residential wood burning restrictions, including a no burn restriction when monitoring or forecasting…

A. If the administrator of the United States environmental protection agency makes a finding relating to area A, as defined in section 49-541, pursuant to the clean air act amendments of 1990 (P.L. 101-549), section 172, the county shall adopt by rule the necessary emission limit…

A county with a population of more than one million two hundred thousand persons as determined by the most recent United States decennial census that contains a nonattainment area as defined in section 49-401.01 shall develop, implement and enforce rules regulating the emissions …

A county with a population of more than one million two hundred thousand persons as determined by the most recent United States decennial census that contains a nonattainment area as defined in section 49-401.01 shall develop, implement and enforce rules regulating the emissions …

A. By December 31, 1998, a county that contains any portion of area A as defined in section 49-541 shall adopt, implement and enforce an ordinance that complies with the clean burning fireplace standards adopted by the metropolitan planning organization that is responsible for ai…

1. Certain types of vehicles, such as police, fire and other emergency vehicles. 2. Certain types of situations such as traffic delays or the need for a driver to sleep in the vehicle. 3. Certain types of equipment operations, such as refrigeration of cargo. B. A county with a po…

A. In order to reduce particulate matter in ambient air, the board of supervisors of any county that contains any portion of area A, as defined in section 49-541, shall develop, implement and enforce in area A the following air quality control measures: 1. Beginning on the effect…