Current through the 2024 Fourth Special Session
Section 10-9a-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)(a) Except as provided in Subsection (2)(b), a legislative body may enact a land use regulation only by ordinance.(b) A legislative body may, by ordinance or resolution, enact a land use regulation that imposes a fee.(3) A legislative body shall ensure that a land use regulation is consistent with the purposes set forth in this chapter.(4)(a) A legislative body shall adopt a land use regulation to:(i) create or amend a zoning district under Subsection 10-9a-503(1)(a); and(ii) designate general uses allowed in each zoning district.(b) A land use authority may establish or modify other restrictions or requirements other than those described in Subsection (4)(a), including the configuration or modification of uses or density, through a land use decision that applies criteria or policy elements that a land use regulation establishes or describes.(5) A municipality may not adopt a land use regulation, development agreement, or land use decision that restricts the type of crop that may be grown in an area that is: (a) zoned agricultural; or(b) assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.(6) A municipal land use regulation pertaining to an airport or an airport influence area, as that term is defined in Section 72-10-401, is subject to Title 72, Chapter 10, Part 4, Airport Zoning Act.Amended by Chapter 65, 2023 General Session ,§ 1, eff. 5/3/2023.Amended by Chapter 60, 2021 General Session ,§ 1, eff. 5/5/2021.Amended by Chapter 384, 2019 General Session ,§ 6, eff. 5/14/2019.Amended by Chapter 84, 2017 General Session ,§ 6, eff. 5/9/2017.Amended by Chapter 240, 2006 General Session.