Title 10, Title 10: Utah Municipal Code

10-20-102. Definitions. As used in this chapter: (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one lot. (2) "Adversely affected party" means a person other than a land use a…

10-20-103. Municipal standards. (1) This chapter does not prohibit a municipality from adopting the municipality's own land use standards. (2) Notwithstanding Subsection, a municipality may not impose a requirement, regulation, condition, or standard that conflicts with a provisi…

10-20-1101. Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties. (1) Subject to Subsection, each municipality adopting a land use ordinance shall, by ordinance, establish one or more appeal authorities. (1)(d) An appeal authority describ…

10-20-1102. Variances. (1) Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the applicable appeal authority …

10-20-1103. Appealing a land use authority's decision -- Panel of experts for appeals of geologic hazard decisions. (1) The land use applicant, a board or officer of the municipality, or an adversely affected party may, within the applicable time period, appeal that decision to t…

10-20-1104. Time to appeal. (1) The municipality shall enact an ordinance establishing a reasonable time of not less than 10 days to appeal to an appeal authority a written decision issued by a land use authority. (2) In the absence of an ordinance establishing a reasonable time …

10-20-1105. Burden of proof. In an appeal described in this part: (1) if the appellant is a land use applicant, the appellant has the burden of proving that the land use authority's land use decision is illegal or is not supported by substantial evidence; or (2) if the appellant …

10-20-1106. Due process. (1) An appeal authority shall conduct each appeal and variance request as provided in local ordinance. (2) An appeal authority shall respect the due process rights of an appeal participant. (3) An appeal authority may only allow the following people to pr…

10-20-1107. Scope of review of factual matters on appeal -- Appeal authority requirements. (1) A municipality may, by ordinance, designate the scope of review of factual matters for appeals of land use authority decisions. (2) If the municipality fails to designate a scope of rev…

10-20-1108. Final decision. (1) A decision of an appeal authority takes effect on the date when the appeal authority issues a written decision, or as otherwise provided by ordinance. (2) A written decision, or other event as provided by ordinance, constitutes a final decision und…

10-20-1109. No district court review until administrative remedies exhausted -- Time for filing -- Tolling of time -- Standards governing court review -- Record on review -- Staying of decision. (1) A person may challenge in district court a land use decision if the person has ex…

10-20-1110. Consent agreement. (1) A legislative body may, by resolution or ordinance, settle litigation initiated under Sectionregarding a land use decision with a property owner through a consent agreement. 10-20-1109 (2) A legislative body shall approve the consent agreement u…

10-20-201. Required notice. (1) At a minimum, each municipality shall provide actual notice or the notice required by this part. (2) A municipality may by ordinance require greater notice than required under this part.

10-20-202. Applicant notice -- Waiver of requirements. (1) For each land use application, the municipality shall: notify the applicant of the date, time, and place of each public hearing and public meeting to consider the application; provide to each applicant a copy of each staf…

10-20-203. Notice of intent to prepare a general plan or comprehensive general plan amendments in certain municipalities. (1) Before preparing a proposed general plan or a comprehensive general plan amendment, each municipality within a county of the first or second class shall p…

10-20-204. Notice of public hearings and public meetings to consider general plan or modifications. (1) Each municipality shall provide: notice of the date, time, and place of the first public hearing to consider the original adoption or any modification of all or any portion of …

10-20-205. Notice of public hearings and public meetings on adoption or modification of land use regulation. (1) Each municipality shall give: notice of the date, time, and place of the first public hearing to consider the adoption or any modification of a land use regulation; an…

10-20-206. Third party notice -- High priority transportation corridor notice. (1) If a municipality requires notice to adjacent property owners, the municipality shall: mail notice to the record owner of each parcel within parameters specified by municipal ordinance; or post not…

10-20-207. Notice for an amendment to a subdivision -- Notice for vacation of or change to street. (1) For an amendment to a subdivision, each municipality shall provide notice of the date, time, and place of at least one public meeting, as provided in Subsection. (1)(b) At least…

10-20-208. Hearing and notice for petition to vacate a public street. (1) For any petition to vacate some or all of a public street or municipal utility easement the legislative body shall: hold a public hearing; and give notice of the date, place, and time of the hearing, as pro…

10-20-209. Notice challenge. If notice given under authority of this part is not challenged under Sectionwithin 30 days after the meeting or action for which notice is given, the notice is considered adequate and proper.

10-20-210. Notice to municipality when a private institution of higher education is constructing student housing. (1) Each private postsecondary educational institution, as defined in Section, that intends to construct student housing on property owned by the institution shall pr…

10-20-211. Canal owner or operator -- Notice to municipality. (1) A canal company or a canal operator shall ensure that each municipality in which the canal company or canal operator owns or operates a canal has on file, regarding the canal company or canal operator: a current ma…

10-20-212. Notice for an amendment to public improvements in a subdivision or development. Before implementing an amendment to adopted specifications for public improvements that apply to a subdivision or a development, a municipality shall: (1) hold a public hearing; (2) mail a …

10-20-213. Hearing and notice procedures for modifying sign regulations. (1) Before any hearing or public meeting to consider a proposed land use regulation or land use application modifying sign regulations for an illuminated sign within any unified commercial development, as de…

10-20-214. Notice of significant private airports. (1) As used in this section, "significant private airport" means the same as that term is defined in Section. 72-10-102 (2) If a municipality receives a notification described in Section, the municipal land use authority shall re…

10-20-301. Ordinance establishing planning commission required -- Ordinance requirements -- Compensation. (1) Each municipality shall enact an ordinance establishing a planning commission. The ordinance shall: include the number and terms of the planning commission members and, i…

10-20-302. Planning commission powers and duties -- Training requirements. (1) The planning commission shall review and make a recommendation to the legislative body for: a general plan and amendments to the general plan; land use regulations, including: ordinances regarding the …

10-20-303. Entrance upon land. The municipality may enter upon any land at reasonable times to make examinations and surveys pertinent to the: (1) preparation of its general plan; or (2) preparation or enforcement of its land use ordinances.

10-20-304. Political subdivisions required to conform to municipality's land use ordinances -- Exceptions. (1) Each county, municipality, school district, charter school, special district, special service district, and political subdivision of the state shall conform to any appli…

10-20-305. State and federal property. (1) As used in this section: "Commuter rail" means the same as that term is defined in Section. 63N-23-101 "Commuter rail facility" means a parking facility or maintenance facility related to commuter rail. "Commuter rail facility" does not …

10-20-401. General plan required -- Content. (1) To accomplish the purposes of this chapter, a municipality shall prepare and adopt a comprehensive, long-range general plan for: present and future needs of the municipality; and growth and development of all or any part of the lan…

10-20-402. Information and technical assistance from the state. Each state official, department, and agency shall: (1) promptly deliver any data and information requested by a municipality unless the disclosure is prohibited by; and Title 63G, Chapter 2, Government Records Access…

10-20-403. Specific provisions for general plan -- Moderate income housing plan. (1) The general plan of a specified municipality, as defined in Section, shall include a moderate income housing element that meets the requirements of Section. 10-21-101 10-21-201 (2) This Subsectio…

10-20-404. General plan preparation. (1) The planning commission shall provide notice, as provided in Section, of the planning commission's intent to make a recommendation to the municipal legislative body for a general plan or a comprehensive general plan amendment when the plan…

10-20-405. Public hearing by planning commission on proposed general plan or amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection by legislative body. (1) After completing the planning commission's recommendation for a proposed general plan, or p…

10-20-406. Effect of general plan. Except as provided in Section, the general plan is an advisory guide for land use decisions, the impact of which shall be determined by ordinance.

10-20-407. Public uses to conform to general plan. After the legislative body has adopted a general plan, the following public properties may not be constructed or authorized unless the public property conforms to the current general plan: (1) a street, park, or other public way,…

10-20-408. Effect of official maps. (1) Municipalities may adopt an official map. (2) An official map does not: require a landowner to dedicate and construct a street as a condition of development approval, except under circumstances provided in Subsection; or (2)(b)(iii) require…

10-20-501. Enactment of land use regulation, land use decision, or development agreement. (1) Only a legislative body, as the body authorized to weigh policy considerations, may enact a land use regulation. (2) Except as provided in Subsection, a legislative body may enact a land…

10-20-502. Preparation and adoption of land use regulation. (1) A planning commission shall: provide notice as required by Subsectionand, if applicable, Subsection; 10-20-205(1)(a) 10-20-205(4) hold a public hearing on a proposed land use regulation; if applicable, consider each …

10-20-503. Land use ordinance or zoning map amendments. (1) Only a legislative body may amend: the number, shape, boundaries, area, or general uses of any zoning district; any regulation of or within the zoning district; or any other provision of a land use regulation. (2) A legi…

10-20-504. Temporary land use regulations. (1) Except as provided in Subsection, a municipal legislative body may, without prior consideration of or recommendation from the planning commission, enact an ordinance establishing a temporary land use regulation for any part or all of…

10-20-505. Zoning districts. (1) The legislative body may divide the territory over which it has jurisdiction into zoning districts of a number, shape, and area that it considers appropriate to carry out the purposes of this chapter. Within those zoning districts, the legislative…

10-20-506. Conditional uses. (1) A municipality may adopt a land use ordinance that includes conditional uses and provisions for conditional uses that require compliance with objective standards set forth in an applicable ordinance. A municipality may not impose a requirement or …

10-20-507. Classification of new and unlisted business uses. (1) As used in this section: "Classification request" means a request to determine whether a proposed business use aligns with an existing land use specified in a municipality's land use ordinances. "New or unlisted bus…