Title 9 — Cities and Towns

A. The legislative body of a municipality may by ordinance establish a planning agency. B. The planning agency shall: 1. Develop and maintain a general plan. 2. Develop such specific plans as may be necessary to implement the general plan. 3. Periodically review the capital impro…

If a municipal planning commission is created, the organization, number of members, the terms of office and the method of appointment and removal shall be as provided by local ordinance, except that each municipal planning commission shall have at least five members.

A. The legislative body of any municipality may establish a planning department. The officers and employees that the legislative body deems necessary for the department shall be appointed by the appointing authority of the municipality. B. The appointing authority of each municip…

The municipal legislative body shall provide the funds, equipment and accommodations necessary for the work of the planning agency of the municipality.

A. Each planning agency shall prepare and the governing body of each municipality shall adopt a comprehensive, long-range general plan for the development of the municipality. The planning agency shall coordinate the production of its general plan with the creation of the state l…

A. In municipalities that have territory in a high noise or accident potential zone as defined in section 28-8461, the legislature finds that in general plans and amendments to general plans land use compatibility with the continued operation of a military airport or ancillary mi…

A. After the municipal legislative body has adopted a general plan, or amendment thereto, the planning agency shall undertake the following actions to encourage effectuation of the plan: 1. Investigate and make recommendations to the legislative body upon reasonable and practical…

A. The planning agency may, or if so directed by the legislative body shall, prepare specific plans based on the general plan and drafts of such regulations, programs and legislation as may in the judgment of the agency be required for the systematic execution of the general plan…

A. If a municipality has a planning commission, the planning commission shall hold at least one public hearing on a specific plan or regulation prior to any hearing by the legislative body. Notice of the time and place of such hearing shall be given at least fifteen and not more …

A. The legislative body shall determine and establish administrative rules and procedures for the application and enforcement of specific plans and regulations. B. The legislative body may assign or delegate administrative powers and duties to the planning agency or any other age…

A. In any county not having a county planning agency with jurisdiction in the unincorporated territory, the legislative body of any municipality may exercise the planning powers granted in this article both to territory within its corporate limits and to that which extends a dist…

A. Municipal and county planning commissions may upon approval of their respective legislative bodies hold joint meetings concerning matters and problems which are common or impacting upon such jurisdictions. B. Counties and municipal planning commissions, or any combination ther…

(Caution: 1998 Prop. 105 applies) A. There shall not be a state mandate that a city, charter city, town or county: 1. Adopt by ordinance or otherwise any "growth management" plan, however denominated, containing any provisions relating to such issues as mandatory development fees…

1. Eliminating or minimizing the need for relocation of aerial, surface and underground facilities of the impacted utilities and, if relocation is unavoidable, minimizing the relocation costs to the extent practicable relative to the cost of the public works project. 2. Minimizin…

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

A. Except as provided in subsection B of this section, a city or town shall not adopt a land use regulation or general or specific 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 o…

A. To the fullest extent allowed by law, if any construction project in any municipality that is undertaken individually or jointly by an intergovernmental contract and that is funded in whole or in part by voter-approved municipal bond proceeds requires that a telecommunications…

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 if at least one accessory dwelling unit on the lot or parce…

1. The ancillary use is located within an international headquarters campus that is solely owned by either a single entity or related entities at the time that development of the international headquarters campus commences and, on completion, the international headquarters on the…

A. A municipality shall establish standard preapproved housing design plans or a preapproved housing design plan program. The standard preapproved housing design plans developed by the municipality shall include at least three different elevation options for each class of standar…

A. In this article, unless the context otherwise requires: 1. "Board of adjustment" means the official body designated by local ordinance to hear and decide applications for variances from the terms of the zoning ordinance and appeals from the decision of the zoning administrator…

A. Pursuant to this article, the legislative body of any municipality by ordinance, in order to conserve and promote the public health, safety and general welfare, may: 1. Regulate the use of buildings, structures and land as between agriculture, residence, industry, business and…

A. The municipality may acquire by purchase or condemnation private property for the removal of nonconforming uses and structures. The elimination of such nonconforming uses and structures in a zoned district is for a public purpose. Nothing in an ordinance or regulation authoriz…

A. The governing body of the municipality shall adopt by ordinance a citizen review process that applies to all rezoning and specific plan applications that require a public hearing. The citizen review process shall include at least the following requirements: 1. Adjacent landown…

A. If the municipality has a planning commission or a hearing officer, the planning commission or hearing officer shall hold a public hearing on any zoning ordinance. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a…

A. The legislative body of a municipality has authority to enforce any zoning ordinance enacted pursuant to this article in the same manner as other municipal ordinances are enforced. B. If any building structure is erected, constructed, reconstructed, altered, repaired, converte…

A. The legislative body, by ordinance, shall establish a board of adjustment, which shall consist of at least five but no more than seven members appointed by the legislative body in accordance with provisions of the ordinance, except that the ordinance may establish the legislat…

A. In any county not having a county zoning ordinance applicable to the unincorporated territory, the legislative body of a municipality may exercise the zoning powers granted in this article both to territory within its corporate limits and to that which extends a distance of th…

A. The legislative body of any municipality may establish the position of hearing officer and delegate to a hearing officer the authority to conduct hearings required by section 9-462.04 and on other matters as the legislative body may provide by ordinance. B. Hearing officers sh…

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

1. Allow for multifamily residential development or adaptive reuse of at least ten percent of the existing commercial, office or mixed use parcels. For the purposes of determining the minimum percentage of parcels eligible for multifamily residential development or adaptive reuse…

B. Notwithstanding subsection A of this section, the municipality may extend the time frame to approve or deny the request beyond one hundred eighty days for either of the following reasons: 1. For extenuating circumstances, the municipality may grant a onetime extension of not m…

1. Prohibit a resident from keeping male fowl, including roosters. 2. Require fowl to be kept in an enclosure located in the rear or side yard of the property at least twenty feet from a neighboring property and restrict the size of the enclosure to a maximum of two hundred squar…

1. All lots zoned for single-family residential use within one mile of the municipality's central business district. 2. At least twenty percent of any new development of more than ten contiguous acres. B. The municipality may not do any of the following: 1. Discourage the develop…

A. If a municipality has a zoning ordinance that restricts the distance between sober living homes or that enacts building or fire code requirements for the operation of sober living homes, the municipality shall establish a procedure by which a deviation from the requirement may…

In this article, unless the context otherwise requires: 1. "Design" means street alignment, grades and widths, alignment and widths of easements and rights-of-way for drainage and sanitary sewers and the arrangement and orientation of lots. 2. "Improvement" means required install…

A. Pursuant to this article, the legislative body of every municipality shall regulate the subdivision of all lands within its corporate limits. B. The legislative body of a municipality shall exercise the authority granted in subsection A of this section by ordinance prescribing…

A. "Subdivision" means improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land, or, if a new street is involved, any such property which is divided into two or more lo…

It is unlawful for any person to offer to sell or lease, to contract to sell or lease or to sell or lease any subdivision or part thereof until a final plat thereof, in full compliance with provisions of this article and of any subdivision regulations which have been duly recorde…

A. In any county not having county subdivision regulations applicable to the unincorporated territory, the legislative body of any municipality may exercise the subdivision regulation powers granted in this article both to territory within its corporate limits and to that which e…

A. A municipality may assess development fees to offset costs to the municipality associated with providing necessary public services to a development, including the costs of infrastructure, improvements, real property, engineering and architectural services, financing and profes…

A. A city or town 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…

In this article, unless the context otherwise requires, "open space lands or open area" means any space or area characterized by great natural scenic beauty or whose existing openness, natural condition or present state of use, if retained, would maintain or enhance the conservat…

The acquisition of interests or rights in real property for the preservation of open spaces or areas constitutes a public purpose for which public funds may be expended or advanced.

A. Any municipality requiring the issuance of a building permit shall transmit one copy of the permit to the county assessor and one copy to the director of the department of revenue. Permit copies shall provide the permit number, issue date and parcel number. On the issuance of …

A. Municipalities shall adopt the following standards for issuing permits for the use of certain solar energy devices: 1. For construction with solar photovoltaic systems that are intended to connect to a utility system, the following apply: (a) The location of the photovoltaic s…

1. The total population growth projected for the subsequent five-year period. 2. The total job growth projected for the subsequent five-year period. 3. The total amount of residentially zoned land with detail on land zoned as single-family and multifamily. 4. The total need for a…

1. The structure does not have a permanent anchoring system. The structure shall be anchored in a way that allows removal and relocation of the structure at the discretion of the property owner and in a manner that prevents unintended detachment or relocation. 2. There is no temp…

A. If a municipality with a population of thirty thousand persons or more does not approve, conditionally approve or respond with required additions or revisions to an application for a single-family residential building permit within fifteen working days after the date the appli…

A. The following procedures are required to extend and increase the corporate limits of a city or town by annexation: 1. A city or town shall file in the office of the county recorder of the county in which the annexation is proposed a blank petition required by paragraph 4 of th…