Utah Code § 10-5-120 — Utah Code / Title 10 / Chapter 10-5 / § 10-5-120
§ 10-5-120. Loans between funds -- Bonds purchased by funds.
Status: in_force

(1) Subject to this section, restrictions imposed by bond ordinance, or other controlling regulations, the town council may: (a) subject to the restrictions in Section 53-2a-605, authorize an interfund loan from one fund to another; and (b) with available cash in any fund, purchase or otherwise acquire for investment an unmatured bond of the town or of any fund of the town. (2) An interfund loan under Subsection (1)(a) shall be in writing and specify the terms and conditions of the loan, including the: (a) effective date of the loan; (b) name of the fund loaning the money; (c) name of the fund receiving the money; (d) amount of the loan; (e) subject to Subsection (3), term of and repayment schedule for the loan; (f) subject to Subsection (4), interest rate of the loan; (g) method of calculating interest applicable to the loan; (h) procedures for: (i) applying interest to the loan; and (ii) paying interest on the loan; and (i) other terms and conditions the town council determines applicable. (3) The term and repayment schedule specified under Subsection (2)(e) may not exceed 10 years. (4) (a) In determining the interest rate of the loan specified under Subsection (2)(f), the town council shall apply an interest rate that reflects the rate of potential gain had the funds been deposited or invested in a comparable investment. (b) Notwithstanding Subsection (4)(a), the interest rate of the loan specified under Subsection (2)(f): (i) if the term of the loan under Subsection (2)(e) is one year or less, may not be less than the rate offered by the Public Treasurers' Investment Fund as defined in Section 51-7-3; or (ii) if the term of the loan under Subsection (2)(e) is more than one year, may not be less than the greater of the rate offered by: (A) the Public Treasurers' Investment Fund as defined in Section 51-7-3; or (B) a United States Treasury note of a comparable term. (5) (a) For an interfund loan under Subsection (1)(a), the town council shall: (i) hold a public hearing; (ii) prepare a written notice of the date, time, place, and purpose of the hearing, and the proposed terms and conditions of the interfund loan under Subsection (2); (iii) provide notice of the public hearing in the same manner as required under Subsection 10-5-108(2) as if the hearing were a budget hearing; and (iv) authorize the interfund loan by ordinance or resolution in a public meeting. (b) The notice and hearing requirements in Subsection (5)(a) are satisfied if the interfund loan is included in an original budget or in a subsequent budget amendment previously approved by the town council for the current fiscal year. (6) Subsections (2) through (5) do not apply to an interfund loan if the interfund loan is: (a) a loan from the town general fund to any other fund of the town; or (b) a short-term advance from the town's cash and investment pool to individual funds that are repaid by the end of the fiscal year.
Utah Code § 10-2a-501 — Utah Code / Title 10 / Chapter 10-2a / § 10-2a-501
§ 10-2a-501. Definitions.
Status: in_force

As used in this part: (1) "Affordable housing" means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income of the applicable municipal or county statistical area for households of the same size. (2) "Board," in relation to a preliminary municipality, means the same as a council described in Section 10-3b-402. (3) "Board chair," in relation to a preliminary municipality, means the same as a mayor described in Section 10-3b-402. (4) "Contiguous" means the same as that term is defined in Section 10-2a-102. (5) "Feasibility consultant" means a person or firm: (a) with expertise in the processes and economics of local government; and (b) who is independent of, and not affiliated with, a county or a sponsor of a petition to incorporate a preliminary municipality under this part. (6) "Feasibility request" means a request, described in Section 10-2a-502, for a feasibility study for the proposed incorporation of a preliminary municipality. (7) "Initial landowners" means the persons who owned the land within the proposed preliminary municipality area when the person filed the feasibility request under Section 20A-1-501. (8) "Municipal service" means the same as that term is defined in Section 10-2a-102. (9) "Pending annexation area" means an area proposed for annexation in an annexation petition described in Section 10-2-806 that is filed before, and is still pending when, a person files the applicable request for a feasibility study under Section 10-2a-502. (10) "Primary sponsor contact" means: (a) in relation to a feasibility request: (i) the individual designated as the primary sponsor contact for a feasibility request under Subsection 10-2a-502(5)(c); or (ii) an individual designated, in writing, by the initial landowners if a replacement primary sponsor contact is needed; or (b) in relation to a petition for incorporation of a preliminary municipality: (i) the individual designated as the primary sponsor contact for a petition for incorporation of a preliminary municipality under Subsection 10-2a-507(1)(d); or (ii) an individual designated, in writing, by the initial landowners if a replacement primary sponsor contact is needed. (11) "Private," in relation to real property, means taxable real property. (12) "Proposed preliminary municipality area" means the area proposed for incorporation as a preliminary municipality in a feasibility request. (13) "System infrastructure" means, as shown on the map or plat described in Subsection 10-2a-502(5)(e) for the proposed preliminary municipal area: (a) the main thoroughfares within the proposed preliminary municipal area, including the roads that connect the proposed preliminary municipality area to an existing road outside the proposed preliminary municipality area; and (b) the main lines that will connect a utility to the proposed preliminary municipality area, including the stubs that will connect the main lines to the development in the proposed preliminary municipality area.
Utah Code § 10-20-1103 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-1103
§ 10-20-1103. Appealing a land use authority's decision -- Panel of experts for appeals of geologic hazard decisions.
Status: in_force

(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 the appeal authority by alleging that there is error in any order, requirement, decision, or determination made by the land use authority in the administration or interpretation of the land use ordinance. (2) (a) A land use applicant who has appealed a decision of the land use authority administering or interpreting the municipality's geologic hazard ordinance may request the municipality to assemble a panel of qualified experts to serve as the appeal authority for purposes of determining the technical aspects of the appeal. (b) If a land use applicant makes a request under Subsection (2)(a), the municipality shall assemble the panel described in Subsection (2)(a) consisting of, unless otherwise agreed by the applicant and municipality: (i) one expert designated by the municipality; (ii) one expert designated by the land use applicant; and (iii) one expert chosen jointly by the municipality's designated expert and the land use applicant's designated expert. (c) A member of the panel assembled by the municipality under Subsection (2)(b) may not be associated with the application that is the subject of the appeal. (d) The land use applicant shall pay: (i) 1/2 of the cost of the panel; and (ii) the municipality's published appeal fee.
Utah Code § 10-2a-509 — Utah Code / Title 10 / Chapter 10-2a / § 10-2a-509
§ 10-2a-509. Governance of preliminary municipality -- Utilities -- Road maintenance.
Status: in_force

(1) (a) Within 30 days after the day on which the lieutenant governor issues a certificate of incorporation described in Subsection 10-2a-508(1)(b)(i), the county in which the preliminary municipality is located shall appoint one board member for the preliminary municipality. (b) If the county fails to timely comply with Subsection (1)(a), the board chair and the three board members appointed under Subsection 10-2a-508(1)(b)(i) shall, by majority vote, appoint the final board member. (2) The board chair and board members, described in Subsection (1), of a preliminary municipality: (a) are not required to be residents of the preliminary municipality; and (b) shall serve as the board for the preliminary municipality until replaced by election under Section 10-2a-510. (3) (a) Within 14 days after the day on which the first residential certificate of occupancy is issued for the development described in Subsection 10-2a-503(5)(e), the engineer described in Subsection 10-2a-509(6), shall notify the county and the lieutenant governor, in writing: (i) that the first residential certificate of occupancy has been issued for the preliminary municipality; (ii) of the date on which the first residential certificate of occupancy was issued; and (iii) of the physical address for which the first residential certificate of occupancy was issued. (b) No later than the next municipal general election, or regular general election, that is at least 30 days after the date described in Subsection (3)(a)(ii), the initial landowners shall: (i) replace the board chair or a board member with an individual who is a resident of the preliminary municipality; and (ii) notify the county and the lieutenant governor of the appointment, in writing. (4) (a) Subject to Subsection (4)(b), a preliminary municipality has all the powers and duties of a municipality. (b) A preliminary municipality: (i) may not impose a tax; (ii) may enter into an interlocal agreement with a special district to provide utility services to the preliminary municipality; (iii) has the same authority as another municipality to make decisions regarding zoning and land use; (iv) may not receive an allocation of sales tax or gas tax; and (v) may not exercise eminent domain authority. (5) As needed, the county shall provide all services and utility connections to the preliminary municipality that the county provides other areas in the county if the preliminary municipality: (a) pays the uniformly assessed rates for the services and utilities and reasonable connection fees; and (b) complies with the county's established regulations and specifications for the construction and connection of the local improvements. (6) The preliminary municipality shall maintain and repair any roadway that, on the day on which the individual filed the feasibility request under Section 10-2a-502: (a) existed within the preliminary municipality; (b) was within a public right of way that abuts the preliminary municipality; or (c) was within 1/2 mile of the preliminary municipality and connected to, or was proposed in the feasibility request to be connected to, the preliminary municipality. (7) Before the preliminary municipality submits a petition to transition to a town, the preliminary municipality shall select an independent third-party engineer to review and approve all building permit applications within the preliminary municipality to ensure compliance with the law. (8) Chapter 2, Classification, Boundaries, Consolidation, and Dissolution of Municipalities, does not apply to a preliminary municipality.
Utah Code § 10-6-128 — Utah Code / Title 10 / Chapter 10-6 / § 10-6-128
§ 10-6-128. Amendment and increase of individual fund budgets.
Status: in_force

(1) After the conclusion of the hearing, the governing body, by resolution or ordinance, may amend the budgets of the funds proposed to be increased, so as to make all or part of the increases therein, both estimated revenues and appropriations, which were the proper subject of consideration at the hearing. (2) Final amendments in the current period to the budgets of any of the funds set forth in Section 10-6-109 shall be adopted by the governing body on or before the last day of the fiscal period.
Utah Code § 10-20-619 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-619
§ 10-20-619. Water wise landscaping -- Municipal landscaping regulations.
Status: in_force

(1) As used in this section: (a) "Lawn or turf" means nonagricultural land planted in closely mowed, managed grasses. (b) "Mulch" means material such as rock, bark, wood chips, or other materials left loose and applied to the soil. (c) "Overhead spray irrigation" means above ground irrigation heads that spray water through a nozzle. (d) "Private landscaping plan" means the same as that term is defined in Section 10-20-807. (e) (i) "Vegetative coverage" means the ground level surface area covered by the exposed leaf area of a plant or group of plants at full maturity. (ii) "Vegetative coverage" does not mean the ground level surface area covered by the exposed leaf area of a tree or trees. (f) "Water wise landscaping" means any or all of the following: (i) installation of plant materials suited to the microclimate and soil conditions that can: (A) remain healthy with minimal irrigation once established; or (B) be maintained without the use of overhead spray irrigation; (ii) use of water for outdoor irrigation through proper and efficient irrigation design and water application; or (iii) use of other landscape design features that: (A) minimize the need of the landscape for supplemental water from irrigation; or (B) reduce the landscape area dedicated to lawn or turf. (g) "Wildland-urban interface" means the same as that term is defined in the edition of the International Wildland Urban Interface Code adopted under Section 15A-2-103. (2) A municipality may not enact or enforce a land use regulation, or adopt or enforce a policy, that prohibits, or has the effect of prohibiting, a property owner from incorporating water wise landscaping on the property owner's property. (3) (a) Subject to Subsection (3)(b), Subsection (2) does not prohibit a municipality from requiring a property owner to: (i) comply with a site plan review, private landscaping plan review, or other review process before installing water wise landscaping; (ii) maintain plant material in a healthy condition; and (iii) follow specific water wise landscaping design requirements adopted by the municipality, including a requirement that: (A) restricts or clarifies the use of mulches considered detrimental to municipal operations; (B) imposes minimum or maximum vegetative coverage standards; or (C) restricts or prohibits the use of specific plant materials. (b) A municipality may not require a property owner to install or keep in place lawn or turf in an area with a width less than eight feet. (4) A municipality may require a seller of a newly constructed residence to inform the first buyer of the newly constructed residence of a municipal ordinance requiring water wise landscaping. (5) A municipality shall report to the Division of Water Resources the existence, enactment, or modification of an ordinance, resolution, or policy that implements regional-based water use efficiency standards established by the Division of Water Resources by rule under Section 73-10-37. (6) A municipality may not enact or enforce a land use regulation, or adopt or enforce a policy, that prohibits, or has the effect of prohibiting, a property owner from removing vegetation from a portion of the property owner's property: (a) that is within a designated wildland-urban interface area; and (b) where removal is required to comply with the defensible space requirements of the edition of the International Wildland Urban Interface Code adopted under Section 15A-2-103. (7) A municipality may enforce a municipal landscaping ordinance in compliance with this section.
Utah Code § 10-3-907 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-907
§ 10-3-907. Recordation not to interfere with other recordation.
Status: in_force

The recording or filing of any drawing or instrument in the city engineer's office may not interfere or conflict in any way with the recording or filing of the same in other offices of record.
Utah Code § 10-3-711 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-711
§ 10-3-711. Publication and posting of ordinances.
Status: in_force

(1) Before an ordinance may take effect, the legislative body of each municipality adopting an ordinance, except an ordinance enacted under Section 10-3-706, 10-3-707, 10-3-708, 10-3-709, or 10-3-710, shall: (a) deposit a copy of the ordinance in the office of the municipal recorder; and (b) publish for the municipality a short summary of the ordinance, as a class A notice under Section 63G-30-102. (2) (a) Any ordinance, code, or book, other than the state code, relating to building or safety standards, municipal functions, administration, control, or regulations, may be adopted and shall take effect without further publication or posting, if reference is made to the code or book and at least one copy has been filed for use and examination by the public in the office of the recorder or clerk of the city or town prior to the adoption of the ordinance by the governing body. (b) Any state law relating to building or safety standards, municipal functions, administration, control, or regulations, may be adopted and shall take effect without further publication or posting if reference is made to the state code. (c) The ordinance adopting the code or book shall be published in the manner provided in this section.
Utah Code § 10-8-21 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-21
§ 10-8-21. Lighting facilities -- Sale of gas and electric power -- Erection and removal of poles and wires.
Status: in_force

They may provide for the lighting of streets and the erection of necessary appliances and lamp posts; may regulate the sale and use of gas, natural gas and electric or other lights and electric power within the city, and regulate the inspection of meters therefor; may prohibit or regulate the erection of telegraph, telephone or electric wire poles in the public grounds, streets or alleys, and the placing of wires thereon; and may require the removal from the public grounds, streets or alleys of any or all such poles, and the placing underground of any or all telegraph, telephone or electric wires.
Utah Code § 10-2a-219 — Utah Code / Title 10 / Chapter 10-2a / § 10-2a-219
§ 10-2a-219. Division of municipal service revenues -- County may provide startup funds.
Status: in_force

(1) The county in which an area incorporating under this part is located shall, until the day on which the municipality's incorporation is effective under Section 10-2a-217, continue to: (a) levy and collect ad valorem property tax and other revenues from or pertaining to the future municipality; and (b) except as otherwise agreed by the county and the officers of the municipality, to provide the same services to the future municipality as the county provided before the commencement of the incorporation proceedings. (2) (a) The legislative body of the county in which a newly incorporated municipality is located shall share pro rata with the new municipality, based on the date of incorporation, the taxes and service charges or fees levied and collected by the county under Section 17-78-502 during the year of the new municipality's incorporation if and to the extent that the new municipality provides, by itself or by contract, the same services for which the county levied and collected the taxes and service charges or fees. (b) (i) The legislative body of a county in which a municipality incorporated after January 1, 2004, is located may share with the new municipality taxes and service charges or fees that were levied and collected by the county under Section 17-78-502: (A) before the year of the new municipality's incorporation; (B) from the previously unincorporated area that, because of the municipality's incorporation, is located within the boundaries of the newly incorporated municipality; and (C) to provide services to the area that before the new municipality's incorporation was unincorporated. (ii) A county legislative body may share taxes and service charges or fees under Subsection (2)(b)(i) by a direct appropriation of funds or by a credit or offset against amounts due under a contract for a municipal service provided by the county to the new municipality. (3) (a) The legislative body of a county in which an area incorporating under this part is located may appropriate county funds to: (i) before incorporation but after the canvass of the final election of municipal officers under Section 10-2a-215, the officers of the future municipality to pay startup expenses of the future municipality; or (ii) after incorporation, the new municipality. (b) Funds appropriated under Subsection (3)(a) may be distributed in the form of a grant, a loan, or as an advance against future distributions made under Subsection (2).
Utah Code § 10-20-702 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-702
§ 10-20-702. Vested critical infrastructure materials use -- Presumption.
Status: in_force

(1) (a) A critical infrastructure materials use is presumed to be a vested critical infrastructure materials use if the critical infrastructure materials use meets the definition of vested critical infrastructure materials use in Section 10-20-701. (b) A person claiming that a vested critical infrastructure materials use has not been established has the burden of proof to show by the preponderance of the evidence that the vested critical infrastructure materials use has not been established. (2) A vested critical infrastructure materials use: (a) runs with the land; and (b) may be changed to another critical infrastructure materials use without losing its status as a vested critical infrastructure materials use. (3) The present or future boundary of the critical infrastructure materials use of a critical infrastructure materials operator with a vested critical infrastructure materials use does not limit: (a) the scope of rights of a critical infrastructure materials operator with a vested critical infrastructure material use; or (b) the protection for a critical infrastructure materials protection area. (4) (a) A critical infrastructure operator with a vested critical infrastructure materials use shall file a declaration for recording in the office of the recorder of the county in which the vested critical infrastructure materials use is located. (b) A declaration under Subsection (4)(a) shall: (i) contain a legal description of the land included within the vested critical infrastructure materials use; and (ii) provide notice of the vested critical infrastructure materials use.
Utah Code § 10-8-85.6 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-85.6
§ 10-8-85.6. Definitions -- Electronic payments -- Fee.
Status: in_force

(1) As used in this section: (a) "Electronic payment" means the payment of money to a municipality by electronic means, including by means of a credit card, charge card, debit card, prepaid or stored value card or similar device, or automatic clearinghouse transaction. (b) "Electronic payment fee" means an amount of money to defray the discount fee, processing fee, or other fee charged by a credit card company or processing agent to process an electronic payment. (c) "Processing agent" means a bank, transaction clearinghouse, or other third party that charges a fee to process an electronic payment. (2) A municipality may accept an electronic payment for the payment of funds which the municipality could have received through another payment method. (3) A municipality that accepts an electronic payment may charge an electronic payment fee.
Utah Code § 10-1-402 — Utah Code / Title 10 / Chapter 10-1 / § 10-1-402
§ 10-1-402. Definitions.
Status: in_force

As used in this part: (1) "Commission" means the State Tax Commission. (2) (a) Subject to Subsections (2)(b) and (c), "customer" means the person who is obligated under a contract with a telecommunications provider to pay for telecommunications service received under the contract. (b) For purposes of this section and Section 10-1-407, "customer" means: (i) the person who is obligated under a contract with a telecommunications provider to pay for telecommunications service received under the contract; or (ii) if the end user is not the person described in Subsection (2)(b)(i), the end user of telecommunications service. (c) "Customer" does not include a reseller: (i) of telecommunications service; or (ii) for mobile telecommunications service, of a serving carrier under an agreement to serve the customer outside the telecommunications provider's licensed service area. (3) (a) "End user" means the person who uses a telecommunications service. (b) For purposes of telecommunications service provided to a person who is not an individual, "end user" means the individual who uses the telecommunications service on behalf of the person who is provided the telecommunications service. (4) (a) "Gross receipts from telecommunications service" means the revenue that a telecommunications provider receives for telecommunications service rendered except for amounts collected or paid as: (i) a tax, fee, or charge: (A) imposed by a governmental entity; (B) separately identified as a tax, fee, or charge in the transaction with the customer for the telecommunications service; and (C) imposed only on a telecommunications provider; (ii) sales and use taxes collected by the telecommunications provider from a customer under Title 59, Chapter 12, Sales and Use Tax Act; or (iii) interest, a fee, or a charge that is charged by a telecommunications provider on a customer for failure to pay for telecommunications service when payment is due. (b) "Gross receipts from telecommunications service" includes a charge necessary to complete a sale of a telecommunications service. (5) "Mobile telecommunications service" is as defined in the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124. (6) "Municipality" means a city or town. (7) "Place of primary use": (a) for telecommunications service other than mobile telecommunications service, means the street address representative of where the customer's use of the telecommunications service primarily occurs, which shall be: (i) the residential street address of the customer; or (ii) the primary business street address of the customer; or (b) for mobile telecommunications service, is as defined in the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124. (8) Notwithstanding where a call is billed or paid, "service address" means: (a) if the location described in this Subsection (8)(a) is known, the location of the telecommunications equipment: (i) to which a call is charged; and (ii) from which the call originates or terminates; (b) if the location described in Subsection (8)(a) is not known but the location described in this Subsection (8)(b) is known, the location of the origination point of the signal of the telecommunications service first identified by: (i) the telecommunications system of the telecommunications provider; or (ii) if the system used to transport the signal is not a system of the telecommunications provider, information received by the telecommunications provider from its service provider; or (c) if the locations described in Subsection (8)(a) or (b) are not known, the location of a customer's place of primary use. (9) (a) Subject to Subsections (9)(b) and (9)(c), "telecommunications provider" means a person that: (i) owns, controls, operates, or manages a telecommunications service; or (ii) engages in an activity described in Subsection (9)(a)(i) for the shared use with or resale to any person of the telecommunications service. (b) A person described in Subsection (9)(a) is a telecommunications provider whether or not the Public Service Commission of Utah regulates: (i) that person; or (ii) the telecommunications service that the person owns, controls, operates, or manages. (c) "Telecommunications provider" does not include an aggregator as defined in Section 54-8b-2. (10) "Telecommunications service" means: (a) telecommunications service, as defined in Section 59-12-102, other than mobile telecommunications service, that originates and terminates within the boundaries of this state; (b) mobile telecommunications service, as defined in Section 59-12-102: (i) that originates and terminates within the boundaries of one state; and (ii) only to the extent permitted by the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or (c) an ancillary service as defined in Section 59-12-102. (11) (a) Except as provided in Subsection (11)(b), "telecommunications tax or fee" means any of the following imposed by a municipality on a telecommunications provider: (i) a tax; (ii) a license; (iii) a fee; (iv) a license fee; (v) a license tax; (vi) a franchise fee; or (vii) a charge similar to a tax, license, or fee described in Subsections (11)(a)(i) through (vi). (b) "Telecommunications tax or fee" does not include: (i) the municipal telecommunication's license tax authorized by this part; or (ii) a tax, fee, or charge, including a tax imposed under Title 59, Revenue and Taxation, that is imposed: (A) on telecommunications providers; and (B) on persons who are not telecommunications providers.
Utah Code § 10-7-86 — Utah Code / Title 10 / Chapter 10-7 / § 10-7-86
§ 10-7-86. Municipality may adopt Utah Procurement Code -- Hiring of professional architect, engineer, or surveyor.
Status: in_force

(1) The governing body of any municipality may adopt any or all of the provisions of Title 63G, Chapter 6a, Utah Procurement Code, or the rules promulgated pursuant to that code. (2) Notwithstanding Subsection (1), the governing body of each municipality that engages the services of a professional architect, engineer, or surveyor and considers more than one such professional for the engagement: (a) shall consider, as a minimum, in the selection process: (i) the qualifications, experience, and background of each firm submitting a proposal; (ii) the specific individuals assigned to the project and the time commitments of each to the project; and (iii) the project schedule and the approach to the project that the firm will take; and (b) may engage the services of a professional architect, engineer, or surveyor based on the criteria under Subsection (2)(a) rather than solely on lowest cost.
Utah Code § 10-6-133 — Utah Code / Title 10 / Chapter 10-6 / § 10-6-133
§ 10-6-133. Property tax levy -- Time for setting -- Computation of total levy -- Apportionment of proceeds -- Maximum levy.
Status: in_force

(1) (a) Before June 22 of each year, or September 1 in the case of a property tax rate increase under Sections 59-2-919 through 59-2-923, the governing body of each city, including charter cities, at a regular meeting or special meeting called for that purpose, shall by ordinance or resolution set the real and personal property tax levy for various municipal purposes. (b) Notwithstanding Subsection (1)(a), the governing body may set the levy at an appropriate later date with the approval of the State Tax Commission. (2) In the governing body's computation of the total levy, the governing body shall determine the requirements of each fund for which property taxes are to be levied and shall specify in the governing body's ordinance or resolution adopting the levy the amount apportioned to each fund. (3) The proceeds of the levy apportioned for city general fund purposes shall be credited as revenue in the city general fund. (4) The proceeds of the levy apportioned for special fund purposes shall be credited to the appropriate accounts in the applicable special funds. (5) For the first fiscal year after the year in which a county imposes a levy under Section 11-46-104, a city shall reduce the levy imposed under this section for general tax purposes by the amount necessary to offset the revenue described in Subsection 11-46-104(5)(c)(iii). (6) The combined levies for each city, including charter cities, for all purposes in any year, excluding the retirement of general obligation bonds and the payment of any interest, and taxes expressly authorized by law to be levied in addition, may not exceed .007 per dollar of taxable value of taxable property.
Utah Code § 10-7-9 — Utah Code / Title 10 / Chapter 10-7 / § 10-7-9
§ 10-7-9. Sale of bonds -- Amount -- Tax levy to pay interest -- Utility rates -- Sinking fund -- Serial or term bonds.
Status: in_force

(1) The board of commissioners, city council or board of trustees as the case may be shall provide by ordinance for the issuance and disposal of such bonds; provided, that no such bonds shall be sold for less than their face value. (2) The board of commissioners, city council or board of trustees shall annually levy on all taxable property within the boundaries of the issuer a sufficient tax to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof within the time for which such bonds are issued which levy shall be made without regard to any statutory limitation on the taxing power of such issuer which may now exist or, unless an express contrary provision appears in the statute, which may hereafter be enacted by the legislature; provided, that whenever bonds shall have been issued for the purpose of supplying any city or town with artificial light, water or other public utility the rates or charges for the service of the system or plant so constructed may be made sufficient to meet such payments, in addition to operating and maintenance expenses, and taxes shall be levied to meet any deficiencies. (3) Water or sewer bonds may be issued for a period not exceeding 40 years; other bonds may be issued for a period not exceeding 20 years. (4) Such bonds may be either serial or term bonds.
Utah Code § 10-3-702 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-702
§ 10-3-702. Extent of power exercised by ordinance.
Status: in_force

(1) Subject to Section 10-3-702.1, the governing body of a municipality may pass any ordinance to regulate, require, prohibit, govern, control or supervise any activity, business, conduct or condition authorized by this title or any other provision of law. (2) (a) An officer of the municipality may not be convicted of a criminal offense where the officer relied on or enforced an ordinance the officer reasonably believed to be a valid ordinance. (b) It shall be a defense in any action for punitive damages over the enforcement of an invalid ordinance if the official: (i) acted in good faith in enforcing an ordinance; or (ii) enforced an ordinance on advice of legal counsel.
Utah Code § 10-6-105 — Utah Code / Title 10 / Chapter 10-6 / § 10-6-105
§ 10-6-105. Fiscal period -- Annual or biennial.
Status: in_force

(1) Except as provided in Subsection (2), the fiscal period for each city shall be an annual period beginning July 1 of each year and ending June 30 of the following year. (2) (a) Notwithstanding Subsection (1), the legislative body of a city may, by ordinance, adopt for the city a fiscal period that is a biennial period beginning July 1 and ending June 30 of the second following calendar year. (b) Each city adopting an ordinance under Subsection (2)(a) shall separately specify in its budget the amount of ad valorem property tax it intends to levy and collect during both the first half and the second half of the budget period. (c) Each city that adopts a fiscal period that is a biennial period under Subsection (2)(a) shall: (i) comply with Sections 59-2-912 through 59-2-926 as if it had adopted a fiscal period that is an annual period; and (ii) allocate budgeted revenues and expenditures to each of the two annual periods in the biennial budget. (d) The legislative body of each city that adopts a fiscal period that is a biennial period under Subsection (2)(a) shall, within 10 days after the adoption of the ordinance adopting the biennial period, deliver a copy of the ordinance to the state auditor.
Utah Code § 10-3-504 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-504
§ 10-3-504. Quorum defined.
Status: in_force

The number of council members necessary to constitute a quorum is: (1) in a municipality with a seven-member council, four; (2) in a municipality with a five-member council, three; and (3) in a municipality operating under a six-member council form of government, three, excluding the mayor.
Utah Code § 10-3-707 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-707
§ 10-3-707. Power to codify ordinances.
Status: in_force

Any municipality is hereby empowered to revise, codify and compile from time to time and to publish in book, pamphlet or looseleaf form all ordinances of the municipality of a general and permanent character and to make such changes, alterations, modifications, additions, and substitutions therein as it may deem best to the end that a complete simplified code of the ordinances then enforced shall be presented, but with errors, inconsistencies, repetitions, and ambiguities therein eliminated.
Utah Code § 10-7-13 — Utah Code / Title 10 / Chapter 10-7 / § 10-7-13
§ 10-7-13. Right of entry on premises of water user.
Status: in_force

All authorized persons connected with the waterworks of any city or town shall have the right to enter upon any premises furnished with water by such city or town to examine the apparatus, the amount of water used and the manner of use, and to make all necessary shutoffs for vacancy, delinquency or violation of the ordinances, rules or regulations enacted or adopted by such city or town.
Utah Code § 10-6-156 — Utah Code / Title 10 / Chapter 10-6 / § 10-6-156
§ 10-6-156. State auditor to evaluate fiscal practices.
Status: in_force

The state auditor shall continually analyze and evaluate the accounting, budgeting and reporting practices and experiences of specific cities selected by the state auditor and shall make such information available to all cities.
Utah Code § 10-2-612 — Utah Code / Title 10 / Chapter 10-2 / § 10-2-612
§ 10-2-612. New municipality -- Ownership of property -- Indebtedness of original municipalities.
Status: in_force

(1) Any consolidated municipality shall be deemed to be a continuation of the merged municipalities, except as herein expressly provided, and shall own all of the assets, property, records, seals, equipment, and be responsible for the liabilities of each and all of the municipalities dissolved by the consolidation. (2) The new municipality shall require the inhabitants of an original municipality included in the consolidation, by special tax levy, to satisfy any indebtedness incurred by the original municipalities provided inhabitants residing in other parts of the consolidated municipality did not or do not benefit by the revenue or services obtained by the expenditures causing the indebtedness. (3) The governing body of the consolidated municipality shall be subject to the terms of the consolidation plan.
Utah Code § 10-15-6 — Utah Code / Title 10 / Chapter 10-15 / § 10-15-6
§ 10-15-6. Public hearing -- Finance requirements.
Status: in_force

(1) The designation of any street as a "mall" shall be by ordinance passed and published after full investigation and ample public hearing into the necessity and advisability of the creation of a mall. (2) The ordinance shall designate the manner in which the project is to be financed, and, if financed by levy of special taxes or special improvement warrants or bonds, shall be in accordance with the provisions of Title 11, Chapter 42, Assessment Area Act.
Utah Code § 10-20-624 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-624
§ 10-20-624. Digital asset mining -- Zoning restrictions.
Status: in_force

(1) As used in this section: (a) "Digital asset" means the same as that term is defined in Section 7-29-101. (b) "Digital asset mining" means using computer hardware and software specifically designed or utilized for validating data and securing a blockchain network. (c) "Digital asset mining business" means a group of computers working at a single site that: (i) consumes more than one megawatt of energy on an average annual basis; and (ii) operates for the purpose of generating blockchain tokens by securing a blockchain network. (2) A municipality may not enact an ordinance, resolution, or rule that: (a) for digital asset mining businesses located in areas zoned for industrial use, imposes sound restrictions on digital asset mining businesses that are more stringent than the generally applicable limits set for industrial-zoned areas; or (b) prevents a digital asset mining business from operating in an area zoned for industrial use if the digital asset mining business meets other requirements for industrial use.
Utah Code § 10-5-110 — Utah Code / Title 10 / Chapter 10-5 / § 10-5-110
§ 10-5-110. Budgets effective for year -- Amendment -- Public access.
Status: in_force

On final adoption, each budget shall be in effect for the budget year, subject to later amendment. A copy of each adopted budget shall be available to the public during regular business hours.
Utah Code § 10-3-301.5 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-301.5
§ 10-3-301.5. Conflict of interest disclosure statement for municipal office -- Required when filing for candidacy -- Public availability -- Enforcement.
Status: in_force

(1) (a) A city recorder or town clerk shall, for each person seeking to become a candidate for a municipal office that is to be filled at the next general election, create, print, and provide the person with a copy of the conflict of interest disclosure statement described in Subsection (1)(b). (b) A conflict of interest disclosure statement shall: (i) be divided into sections representing each item of information described in Subsections 20A-11-1604(6)(a) through (n); and (ii) immediately beneath each section, include a space for the candidate to provide a written response. (2) Except as provided in Subsection (3), a candidate for an office described in Subsection (1)(a) shall complete the conflict of interest disclosure statement and submit the statement to the city recorder or town clerk at the time the candidate files a declaration of candidacy. (3) A candidate is not required to comply with Subsection (2) if the candidate: (a) currently holds the office for which the candidate seeks reelection; (b) already, that same year, filed a conflict of interest disclosure statement for the office described in Subsection (3)(a), in accordance with Section 10-3-1313; and (c) at the time the candidate files a declaration of candidacy, indicates, in writing, that the conflict of interest disclosure statement described in Subsection (3)(b) is updated and accurate as of the date of filing the declaration of candidacy. (4) Except as provided in Subsection (3), a city recorder or town clerk: (a) may not accept a declaration of candidacy from a candidate for an office described in Subsection (1)(a) until the city recorder or town clerk receives a complete conflict of interest disclosure statement from the candidate; and (b) shall make a candidate's conflict of interest disclosure statement available for public inspection by posting an electronic copy of the statement: (i) on the municipality's website; or (ii) if the municipality does not have a website, on the website of the county where the municipality is located. (5) A city recorder or town clerk shall ensure that a candidate's conflict of interest disclosure statement remains posted on the website described in Subsection (4)(b) until: (a) the candidate resigns or is disqualified as a candidate; or (b) the day after the day of the official canvass for the general election. (6) (a) A private party in interest may bring a civil action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enforce the provisions of this section. (b) In a civil action under Subsection (6)(a), the court may award costs and attorney fees to the prevailing party.
Utah Code § 10-1-305 — Utah Code / Title 10 / Chapter 10-1 / § 10-1-305
§ 10-1-305. Municipal energy sales and use tax ordinance provisions.
Status: in_force

Each municipal energy sales and use tax ordinance under Subsection 10-1-304(1) shall include: (1) a provision imposing a tax on every sale or use of taxable energy made within a municipality at a rate determined by the municipality that is up to 6% of the delivered value of the taxable energy; (2) provisions substantially the same as those required by Title 59, Chapter 12, Part 1, Tax Collection, as they relate to sales and use tax, except that: (a) the tax shall be calculated on the delivered value of the taxable energy to the consumer; (b) an exemption is not allowed from a tax imposed under this part for the sale or use of taxable energy that is exempt from the state sales and use tax under Title 59, Chapter 12, Part 1, Tax Collection, except that the municipality shall include in its ordinance an exemption for: (i) the sales and use of aviation fuel, motor fuel, or special fuel subject to taxation under Title 59, Chapter 13, Motor and Special Fuel Tax Act; (ii) the sales and use of taxable energy that the municipality is prohibited from taxing under federal law or the Constitution of the United States or the Utah Constitution; (iii) the sales and use of taxable energy purchased or stored in the state for resale; (iv) the sales or use of taxable energy to a person if the primary use is for use in compounding or producing taxable energy or a fuel subject to taxation under Title 59, Chapter 13, Motor and Special Fuel Tax Act; (v) taxable energy brought into the state by a nonresident for the nonresident's own personal use or enjoyment while within the state, except taxable energy purchased for use in the state by a nonresident living or working in the state at the time of purchase; (vi) the sales or use of taxable energy for any purpose other than use as a fuel or energy; and (vii) the sale of taxable energy for use outside a municipality imposing a municipality energy sales and use tax; (c) the ordinance may provide for an exemption from the municipal energy sales and use tax under this part for customers who, as of July 1, 1997, were being supplied electrical energy by a supplier other than the municipality if: (i) the municipality is a generator of electrical energy for customers within its borders; and (ii) the municipality is unable to generate electrical energy for the customer; (d) the name of the municipality as the taxing agency shall be substituted for that of the state when necessary for purposes of this part; and (e) an additional license to collect the tax is not required if one has been issued under Section 59-12-106; (3) a provision that, on or before the effective date of the ordinance, the municipality shall enter into a contract with the commission to have the commission perform all functions related to the administration or operation of the ordinance, except that a municipality may collect the municipal energy sales and use tax directly as provided in Subsection 10-1-307(3); (4) a provision that: (a) except as provided under Subsection (4)(b), the sale, storage, use, or other consumption of taxable energy is exempt from the tax due under the ordinance if the delivered value of the taxable energy has been subject to a municipal energy sales or use tax under an ordinance enacted in accordance with this part by another municipality in this state; and (b) the municipality shall be paid the difference between the tax paid to another municipality as described in this section and the tax that would otherwise be due under the ordinance if the tax due under the ordinance exceeds the tax paid to another municipality; and (5) a provision providing a credit against the tax in the amount of a contractual franchise fee paid if: (a) an energy supplier pays a contractual franchise fee to a municipality pursuant to a franchise agreement in effect on July 1, 1997; (b) the contractual franchise fee is passed through by the energy supplier to a taxpayer as a separately itemized charge; and (c) the energy supplier has accepted the franchise; and (6) a provision providing that the ordinance adopts by reference any amendments to the provisions of Title 59, Chapter 12, Part 1, Tax Collection, that relate to levying or collecting a municipal energy sales and use tax.
Utah Code § 10-3-803 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-803
§ 10-3-803. Officers limited to one office -- Exceptions.
Status: in_force

In cities of the first class, the mayor, commissioners, recorder and treasurer shall administer only one office under the city government, except that the offices of city recorder and auditor may be held by one person.
Utah Code § 10-2a-220 — Utah Code / Title 10 / Chapter 10-2a / § 10-2a-220
§ 10-2a-220. Costs of incorporation -- Fees established by lieutenant governor.
Status: in_force

(1) (a) There is created an expendable special revenue fund known as the "Municipal Incorporation Expendable Special Revenue Fund." (b) The fund shall consist of: (i) appropriations from the Legislature; (ii) payments that feasibility request sponsors make to the lieutenant governor under Subsections 10-2a-205(1)(b) and 10-2a-206(1)(f); and (iii) fees the lieutenant governor collects and remits to the fund under this section. (c) The lieutenant governor shall deposit all money collected under this section into the fund. (2) (a) The lieutenant governor shall establish a fee in accordance with Section 63J-1-504 for a cost incurred by the lieutenant governor or the county for an incorporation proceeding, including: (i) a request certification; (ii) a petition certification; (iii) publication of notices; (iv) public hearings; (v) all other incorporation activities occurring after the elections; and (vi) any other cost incurred by the lieutenant governor or county in relation to an incorporation proceeding. (b) A cost under Subsection (2)(a) does not include a cost incurred by a county for holding an election under Section 10-2a-210. (3) Subject to Subsections 10-2a-205(1)(b) and 10-2a-206(2)(h), the lieutenant governor shall pay for a cost described in Subsection (2)(a) using funds from the Municipal Incorporation Expendable Special Revenue Fund. (4) (a) A newly incorporated municipality shall: (i) pay to the lieutenant governor each fee established under Subsection (2) for each cost described in Subsection (2)(a) incurred by the lieutenant governor or the county; (ii) pay the county for a cost described in Subsection (2)(b); and (iii) reimburse feasibility request sponsors the cost the feasibility request sponsors paid for: (A) a feasibility study under Section 10-2a-205; and (B) any supplemental feasibility study under Section 10-2a-206. (b) The lieutenant governor shall execute a payback agreement with each new municipality for the new municipality to pay the fees described in Subsection (4)(a) over a period that, except as provided in Subsection (4)(c), may not exceed five years. (c) If necessary, the lieutenant governor may extend a fee payment deadline beyond the deadline described in Subsection (4)(b) by amending the payback agreement described in Subsection (4)(b). (d) The lieutenant governor shall deposit each fee the lieutenant governor collects under Subsection (4)(a)(i) into the Municipal Incorporation Expendable Special Revenue Fund. (5) If the lieutenant governor expends funds from the Municipal Incorporation Expendable Special Revenue Fund that are not repaid to the lieutenant governor under Subsection (4)(a)(i) because an area did not incorporate as a municipality, the Legislature shall appropriate money to the fund in an amount equal to the funds that are not repaid.
Utah Code § 10-7-8 — Utah Code / Title 10 / Chapter 10-7 / § 10-7-8
§ 10-7-8. Resolution on bond issue -- Election as provided by Local Government Bonding Act.
Status: in_force

(1) When the board of commissioners, city council or the town board of trustees of any city or town shall have decided that incurring such bonded indebtedness is advisable, it shall by resolution specify the purpose for which the indebtedness is to be created and the amount of bonds which it is proposed to issue, and shall provide for submitting the question of the issue of such bonds to the qualified electors of the city or town at the next general election, or at a special election to be called for that purpose by the board of commissioners, city council or board of trustees in such manner and subject to such conditions as is provided in Title 11, Chapter 14, Local Government Bonding Act. (2) This section does not require an election for the issuance of refunding bonds or other bonds not required by the Constitution to be voted at an election.
Utah Code § 10-8-49 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-49
§ 10-8-49. Vagrants -- Arrest -- Fine -- Putting to work -- Municipal lodging.
Status: in_force

They may arrest and fine or set to work on the streets or elsewhere all vagrants, mendicants and persons found in the city without visible means of support or some legitimate business, and may establish and maintain municipal lodging and eating houses.
Utah Code § 10-2-801 — Utah Code / Title 10 / Chapter 10-2 / § 10-2-801
§ 10-2-801. Definitions.
Status: in_force

As used in this part: (1) "Affected area" means an annexed area or area proposed for annexation. (2) "Affected entity" means: (a) a county of the first or second class in whose unincorporated area the area proposed for annexation is located; (b) a county of the third, fourth, fifth, or sixth class in whose unincorporated area the area proposed for annexation is located, if the area includes residents or commercial or industrial development; (c) a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or special service district under Title 17D, Chapter 1, Special Service District Act, whose boundary includes any part of an area proposed for annexation; (d) a school district whose boundary includes any part of an area proposed for annexation, if the boundary is proposed to be adjusted as a result of the annexation; and (e) a municipality whose boundaries are within 1/2 mile of an area proposed for annexation. (3) "Annexation action" means: (a) the enactment of an ordinance annexing an unincorporated area; (b) the enactment of an ordinance approving a boundary adjustment by each of the municipalities involved in the boundary adjustment; or (c) an automatic annexation that occurs on July 1, 2027, under Subsection 10-2-814(5). (4) "Annexation petition" means a petition under Section 10-2-806 proposing the annexation to a municipality of a contiguous, unincorporated area that is contiguous to the municipality. (5) "Annexing municipality" means: (a) the municipality that annexes an unincorporated area; or (b) the municipality to which an unincorporated island is automatically annexed under Section 10-2-814. (6) "Applicable legislative body" means: (a) the legislative body of each municipality that enacts an ordinance under this part approving the annexation of an unincorporated area or the adjustment of a boundary; or (b) the legislative body of a municipality to which an unincorporated island is automatically annexed under Section 10-2-814. (7) "Expansion area" means the unincorporated area that is identified in an annexation policy plan under Section 10-2-803 as the area that the municipality anticipates annexing in the future. (8) "Feasibility consultant" means a person or firm with expertise in the processes and economics of local government. (9) "Mining protection area" means the same as that term is defined in Section 17-41-101. (10) "Municipal records officer" means a: (a) city recorder; or (b) town clerk. (11) "Municipal selection committee" means a committee in each county composed of the mayor of each municipality within that county. (12) "Owner of real property" means: (a) the record title owner according to the records of the county recorder on the date of the filing of the petition or protest; or (b) the lessee of military land, as defined in Section 63H-1-102, if the area proposed for annexation includes military land that is within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act. (13) "Private," with respect to real property, means not owned by: (a) the United States or any agency of the federal government; (b) the state; (c) a county; (d) a municipality; (e) a school district; (f) a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts; (g) a special service district under Title 17D, Chapter 1, Special Service District Act; or (h) any other political subdivision or governmental entity of the state. (14) (a) "Rural real property" means a group of contiguous tax parcels, or a single tax parcel, that: (i) are under common ownership; (ii) consist of no less than 1,000 total acres; (iii) are zoned for manufacturing or agricultural purposes; and (iv) do not have a residential unit density greater than one unit per acre. (b) "Rural real property" includes any portion of private real property, if the private real property: (i) qualifies as rural real property under Subsection (14)(a); and (ii) consists of more than 1,500 total acres. (15) "Specified county" means a county of the second, third, fourth, fifth, or sixth class. (16) "Unincorporated peninsula" means an unincorporated area: (a) that is part of a larger unincorporated area; (b) that extends from the rest of the unincorporated area of which it is a part; (c) that is surrounded by land that is within a municipality, except where the area connects to and extends from the rest of the unincorporated area of which it is a part; and (d) whose width, at any point where a straight line may be drawn from a place where it borders a municipality to another place where it borders a municipality, is no more than 25% of the boundary of the area where it borders a municipality. (17) "Urban development" means: (a) a housing development with more than 15 residential units and an average density greater than one residential unit per acre; or (b) a commercial or industrial development for which cost projections exceed $750,000 for all phases.
Utah Code § 10-6-116 — Utah Code / Title 10 / Chapter 10-6 / § 10-6-116
§ 10-6-116. Accumulated fund balances -- Limitations -- Excess balances -- Unanticipated excess of revenues -- Reserves for capital improvements.
Status: in_force

(1) (a) A city may accumulate retained earnings or fund balances, as appropriate, in any fund. With respect to the city general fund only, any accumulated fund balance is restricted to the following purposes: (i) to provide working capital to finance expenditures from the beginning of the budget period until general property taxes, sales taxes, or other applicable revenues are collected, thereby reducing the amount the city must borrow during the period; (ii) to provide a resource to meet emergency expenditures under Section 10-6-129; and (iii) to cover a pending year-end excess of expenditures over revenues from an unavoidable shortfall in revenues. (b) Notwithstanding Subsection (1)(a)(i), a city may not appropriate a fund balance for budgeting purposes except as provided in Subsection (4). (c) Notwithstanding Subsection (1)(a)(iii), a city may not appropriate a fund balance to avoid an operating deficit during any budget period except as provided under Subsection (4), or for emergency purposes under Section 10-6-129. (2) The accumulation of a fund balance in the city general fund may not exceed 35% of the total revenue of the city general fund for the current fiscal period. (3) If the fund balance at the close of any fiscal period exceeds the amount permitted under Subsection (2), the excess shall be appropriated in the manner provided in Section 10-6-117. (4) Any fund balance in excess of 5% of the total revenues of the city general fund may be utilized for budget purposes. (5) (a) Within a capital improvements fund, the governing body may, in any budget period, appropriate from estimated revenue or fund balance to a reserve for capital improvements for the purpose of financing future specific capital improvements, under a formal long-range capital plan adopted by the governing body. (b) The reserves described in Subsection (5)(a) may accumulate from fiscal period to fiscal period until the accumulated total is sufficient to permit economical expenditure for the specified purposes. (c) Disbursements from reserves described in Subsection (5)(a) shall be made only by transfer to a revenue or transfer account within the capital improvements fund, under a budget appropriation in a budget for the fund adopted in the manner provided by this chapter. (d) Expenditures from the above appropriation budget accounts shall conform to all requirements of this chapter relating to execution and control of budgets.
Utah Code § 10-1-202 — Utah Code / Title 10 / Chapter 10-1 / § 10-1-202
§ 10-1-202. Power to sue, contract, adopt municipal name and seal.
Status: in_force

Municipalities may sue and be sued, enter into contracts and by ordinance adopt a municipal name and seal which may be changed from time to time.
Utah Code § 10-8-73 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-73
§ 10-8-73. Processions and demonstrations.
Status: in_force

They may regulate or prohibit all public demonstrations and processions which interfere with public traffic or tend to cause disorder.
Utah Code § 10-3-828 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-828
§ 10-3-828. Oath -- Filing.
Status: in_force

(1) The oath of office required under this part shall be administered by any judge, notary public, or by the recorder of the municipality. (2) Elected officials shall take their oath of office at 12:00 noon on the first Monday in January following their election or as soon thereafter as is practical. (3) Appointed officers shall take their oath at any time before entering on their duties. (4) All oaths of office shall be filed with the recorder of the respective municipality.
Utah Code § 10-3-909 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-909
§ 10-3-909. Police and fire departments in cities of the first and second class.
Status: in_force

Each city of the first or the second class shall provide police services and may create, support, maintain, and control a fire department in the city.
Utah Code § 10-8-9 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-9
§ 10-8-9. Bathhouses, playgrounds.
Status: in_force

They may establish, maintain and provide for the supervision of bathhouses, public playgrounds, recreation places and swimming pools.
Utah Code § 10-20-812 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-812
§ 10-20-812. Land use authority approval of vacation or amendment of plat -- Recording the amended plat.
Status: in_force

(1) The land use authority may approve the vacation or amendment of a plat by signing an amended plat showing the vacation or amendment if the land use authority finds that: (a) there is good cause for the vacation or amendment; and (b) no public street or municipal utility easement has been vacated or amended. (2) (a) The land use authority shall ensure that the amended plat showing the vacation or amendment is recorded in the office of the county recorder in which the land is located. (b) If the amended plat is approved and recorded in accordance with this section, the recorded plat shall vacate, supersede, and replace any contrary provision in a previously recorded plat of the same land. (3) (a) A legislative body may vacate a subdivision or a portion of a subdivision by recording in the county recorder's office an ordinance describing the subdivision or the portion being vacated. (b) The recorded vacating ordinance shall replace a previously recorded plat described in the vacating ordinance. (4) An amended plat may not be submitted to the county recorder for recording unless it is: (a) signed by the land use authority; and (b) signed, acknowledged, and dedicated by each owner of record of the portion of the plat that is amended. (5) A management committee may sign and dedicate an amended plat as provided in Title 57, Chapter 8, Condominium Ownership Act. (6) A plat may be corrected as provided in Section 57-3-106.
Utah Code § 10-20-301 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-301
§ 10-20-301. Ordinance establishing planning commission required -- Ordinance requirements -- Compensation.
Status: in_force

(1) (a) Each municipality shall enact an ordinance establishing a planning commission. (b) The ordinance shall: (i) include the number and terms of the planning commission members and, if the municipality chooses, alternate members; (ii) provide procedures for appointing a planning commission member; (iii) provide procedures for filling vacancies on the planning commission; (iv) provide procedures for removing a planning commission member from the planning commission and specify that: (A) in a form of government described in Section 10-3b-301 or 10-3b-401, and subject to any delegation of authority under Subsection 10-3b-303(1) or 10-3b-403(1), the legislative body may remove a planning commission member; or (B) in a form of government described in Section 10-3b-202, the mayor may remove a planning commission member; (v) except as provided in Subsection (1)(b)(vi), describe the causes for which a planning commission member may be removed from the planning commission, which shall include: (A) using public funds for a political purpose under Title 20A, Chapter 11, Part 12, Political Activities of Public Entities Act; (B) violating a provision of Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; and (C) acting with the intent to influence a land use decision or an appeal of a pending land use application in a manner that creates actual impermissible bias or an unacceptable risk of impermissible bias in the planning commission member's administrative or quasi-judicial duties; (vi) provide that a planning commission member deliberating about a specific pending land use application in a planning commission meeting with municipal staff, an elected official, or the land use applicant is not cause for removing a planning commission member from the planning commission; (vii) provide requirements for when a planning commission member shall recuse oneself from deliberating or voting on certain land use applications; (viii) define the authority of the planning commission; (ix) subject to Subsection (1)(c), include rules of order and procedure for use by the planning commission in a public meeting; and (x) include other details relating to the organization and procedures of the planning commission. (c) Subsection (1)(b)(ix) does not affect the planning commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act. (2) The legislative body may authorize a member to receive per diem and travel expenses for meetings actually attended, in accordance with Section 11-55-103.
Utah Code § 10-7-4 — Utah Code / Title 10 / Chapter 10-7 / § 10-7-4
§ 10-7-4. Water supply -- Acquisition -- Condemnation -- Protest -- Special election -- Determination of just compensation.
Status: in_force

(1) The board of commissioners, city council or board of trustees of any city or town may acquire, purchase or lease all or any part of any water, waterworks system, water supply or property connected therewith, and whenever the governing body of a city or town shall deem it necessary for the public good such city or town may bring condemnation proceedings to acquire the same; provided, that if within 30 days after the passage and publication of a resolution or ordinance for the purchase or lease or condemnation herein provided for one-third of the resident taxpayers of the city or town, as shown by the assessment roll, shall protest against the purchase, lease or condemnation proceedings contemplated, such proposed purchase, lease or condemnation shall be referred to a special election, and if confirmed by a majority vote thereat, shall take effect; otherwise it shall be void. (2) In all condemnation proceedings the value of land affected by the taking shall be considered in connection with the water or water rights taken for the purpose of supplying the city or town or the inhabitants thereof with water. (3) In determining just compensation in a condemnation proceeding under this section in a municipality located in a county of the first class where a determination of market value of what is proposed to be taken is impractical because there is no meaningful market for what is proposed to be taken, the value shall be: (a) presumed to be the amount the owner paid to acquire ownership of what is proposed to be taken, as adjusted by a change in value due to post-acquisition deterioration and any other factor reasonably and equitably bearing on the value of what is proposed to be taken; and (b) determined by applying equitable considerations including: (i) whether the owner will be unjustly enriched; (ii) whether the owner acquired the property by exaction or similar method; and (iii) the extent to which the consideration the owner provided in acquiring the property consists of an obligation to maintain the property and whether that obligation will be assumed by the municipality because of the condemnation. (4) This section may not be construed to provide the basis for a municipality's condemnation of a political subdivision of the state or of the political subdivision's property or holdings.
Utah Code § 10-20-906 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-906
§ 10-20-906. Simple boundary adjustment -- Full boundary adjustment -- Process -- Review by land use authority.
Status: in_force

(1) A person may propose a simple boundary adjustment to a land use authority as described in this section. (2) A proposal for a simple boundary adjustment shall: (a) include a conveyance document that complies with Section 57-1-45.5; and (b) describe all lots or parcels affected by the proposed boundary adjustment. (3) A land use authority shall consent to a proposed simple boundary adjustment if the land use authority verifies that the proposed simple boundary adjustment: (a) meets the requirements of Subsection (2); and (b) does not: (i) affect a public right-of-way, municipal utility easement, or other public property; (ii) affect an existing easement, onsite wastewater system, or an internal lot restriction; or (iii) result in a lot or parcel out of conformity with land use regulations. (4) If the land use authority determines that a proposed simple boundary adjustment does not meet the requirements of Subsection (3), a full boundary adjustment is required. (5) To propose a full boundary adjustment, the adjoining property owners shall submit a proposal to the land use authority that includes: (a) a conveyance document that complies with Section 57-1-45.5; (b) a survey that complies with Subsection 57-1-45.5(3)(b); and (c) if required by municipal ordinance, a proposed plat amendment corresponding with the proposed full boundary adjustment, prepared in accordance with Section 10-20-811. (6) A land use authority shall consent to a proposed full boundary adjustment made under Subsection (5) if: (a) the proposal submitted to the land use authority under Subsection (5) includes all necessary information; (b) the survey described in Subsection (5)(b) shows no evidence of a violation of a land use regulation; and (c) if required by municipal ordinance, the plat amendment corresponding with the proposed full boundary adjustment has been approved in accordance with Section 10-20-811. (7) (a) Consent under Subsection (3) or (6) is an administrative act. (b) Notice of consent under Subsection (3) or (6) shall be provided to the person proposing the boundary adjustment in a format that makes clear: (i) the land use authority is not responsible for any error related to the boundary adjustment; and (ii) a county recorder may record the boundary adjustment. (8) A boundary adjustment is effective from the day on which the boundary adjustment, as consented to by the land use authority, is recorded by a county recorder along with the relevant conveyance document. (9) The recording of a boundary adjustment does not constitute a land use approval. (10) A municipality may enforce municipal ordinances against, or withhold approval of a land use application for, property that is subject to a boundary adjustment if the municipality determines that the resulting lots or parcels are not in compliance with the municipality's land use regulations in effect on the day on which the boundary adjustment is recorded.
Utah Code § 10-3-1105 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-1105
§ 10-3-1105. Municipal employees -- Duration and termination of employment -- Exceptions.
Status: in_force

(1) (a) Except as provided in Subsection (1)(b) or (2), each employee of a municipality shall hold employment without limitation of time, being subject to discharge, suspension of over two days without pay, or involuntary transfer to a position with less remuneration only as provided in Section 10-3-1106. (b) Subsection (1)(a) does not apply to an employee who is discharged or involuntarily transferred to a position with less remuneration if the discharge or involuntary transfer is the result of a layoff or reorganization. (2) Subsection (1)(a) does not apply to: (a) subject to Subsection (3), a person appointed by the mayor, city manager, or other person or body with the power to appoint in the municipality if: (i) the appointment is made in writing; (ii) the person's written job description identifies the person's position as exempt from the protections described in Subsection (1)(a); and (iii) the position is described in an ordinance as exempt from the protections described in Subsection (1)(a); (b) a member of the municipality's police department or fire department who is a member of the classified civil service in a first or second class city; (c) a person who holds a position described in Subsections (2)(c)(i) through (xii) or an equivalent position designated in a municipal ordinance or personnel policy: (i) a police chief of the municipality; (ii) a deputy or assistant police chief of the municipality; (iii) a fire chief of the municipality; (iv) a deputy or assistant fire chief of the municipality; (v) a head of a municipal department or division; (vi) a deputy head of a municipal department or division; (vii) a superintendent; (viii) a probationary employee of the municipality; (ix) a part-time employee of the municipality, including paid call firefighters; (x) a seasonal or temporary employee of the municipality; (xi) a person who works in the office of an elected official; or (xii) a secretarial or administrative assistant support position that is specifically designated as a position to assist an elected official or the head or deputy head of a municipal department; (d) an individual appointed to a position under Part 9, Appointed Officials and Their Duties, including: (i) the city engineer; (ii) the city recorder; (iii) the city treasurer; or (iv) the city attorney; or (e) an employee who has: (i) acknowledged in writing that the employee's employment status is appointed or at-will; or (ii) voluntarily waived the procedures required by Section 10-3-1106. (3) In addition to the persons described in Subsections (2)(b) through (e), a municipality may appoint up to 5% of the municipality's workforce in accordance with Subsection (2)(a). (4) Nothing in this section or Section 10-3-1106 may be construed to limit a municipality's ability to define cause for an employee termination or reduction in force.
Utah Code § 10-3-906 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-906
§ 10-3-906. Seal.
Status: in_force

The city engineer shall be provided with a seal by the city for the city engineer's use, containing the words "____City, Utah, Engineering Department." The seal shall be affixed to every certification approval.
Utah Code § 10-7-67 — Utah Code / Title 10 / Chapter 10-7 / § 10-7-67
§ 10-7-67. Pleading -- Reference to ordinance -- Judgment enforced by imprisonment.
Status: in_force

(1) In all actions for the violation of any ordinance it shall be sufficient if the complaint refers to the title and section of the ordinance under which such action is brought. (2) Any person upon whom any fine or penalty shall be imposed may upon the order of the court before whom the conviction is had be committed to the county jail or the city prison or to such other place as may be provided for the incarceration of offenders until such fine, penalty and costs shall be fully paid.
Utah Code § 10-8-18 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-18
§ 10-8-18. Acquisition of water sources -- Retainage.
Status: in_force

(1) They may construct, purchase or lease and maintain canals, ditches, artesian wells and reservoirs, may appropriate, purchase or lease springs, streams or sources of water supply for the purpose of providing water for irrigation, domestic or other useful purposes; may prevent all waste of water flowing from artesian wells, and if necessary to secure sources of water supply, may purchase or lease land; they may also purchase, acquire or lease stock in canal companies and water companies for the purpose of providing water for the city and the inhabitants thereof. (2) If any payment on a contract with a private person, firm, or corporation to construct canals, ditches, artesian wells, or reservoirs is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5.
Utah Code § 10-2a-107 — Utah Code / Title 10 / Chapter 10-2a / § 10-2a-107
§ 10-2a-107. Effect of incorporation of community council area.
Status: in_force

(1) As used in this section: (a) "Service area" means the area for which a service provider provided municipal services to an unincorporated island immediately before the incorporation of a community council municipality that includes the previously unincorporated island. (b) "Service provider" means a special district or other provider of municipal services that, before the incorporation of a community council municipality, provided service to the service area. (c) "Unincorporated island" means the same as that term is defined in Section 10-2-814. (2) An incorporation of a community council municipality does not affect the boundary of any service provider, subject to any future change in the boundary as provided by applicable law. (3) All roads and other utilities that before incorporation of a community council municipality were under the jurisdiction of the county in which the community council municipality is located become, upon incorporation, under the jurisdiction of the community council municipality.
Utah Code § 10-5-115 — Utah Code / Title 10 / Chapter 10-5 / § 10-5-115
§ 10-5-115. Expenditures limited to appropriations -- Obligations in excess invalid -- Processing claims required.
Status: in_force

Town officers may not make or incur expenditures or encumbrances in excess of total appropriations for any department in the budget as adopted or as subsequently amended. Any obligation contracted by any such officer may not be or become valid or enforceable against the town. No check or warrant to cover any claim against any appropriation shall be drawn until the claim has been processed as provided by this chapter.
Utah Code § 10-3-1007 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-1007
§ 10-3-1007. Examinations.
Status: in_force

(1) All applicants for employment in the classified civil service shall be subject to examination, which shall be public, competitive and free. (2) Examinations shall be held at such times and places as the civil service commission shall from time to time determine, and shall be for the purpose of determining the qualifications of applicants for positions. (3) Examinations shall be practical and shall fairly test the fitness in every respect of the persons examined to discharge the duties of the positions to which they seek to be appointed, and shall include tests of physical qualifications and health.
Utah Code § 10-18-102 — Utah Code / Title 10 / Chapter 10-18 / § 10-18-102
§ 10-18-102. Definitions.
Status: in_force

As used in this chapter: (1) (a) "Broadband service" means a mass-market retail or wholesale service that provides, via wire or radio, the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the service. (b) "Broadband service" does not include dial-up Internet access service. (2) "Cable television service" means: (a) the one-way transmission to subscribers of: (i) video programming; or (ii) other programming service; and (b) subscriber interaction, if any, that is required for the selection or use of: (i) the video programming; or (ii) other programming service. (3) "Capital cost" means the cost of providing a service that is capitalized in accordance with generally accepted accounting principles. (4) "Communications service facility" means a facility described in Subsection 10-18-105(2). (5) "Cross subsidize" means to pay a cost included in the direct costs or indirect costs of providing a service that is not accounted for in the full cost of accounting of providing the service. (6) "Direct cost" means an expense of a municipality that: (a) is directly attributable to providing: (i) a broadband service; (ii) a cable television service; or (iii) a public telecommunications service; and (b) would be eliminated if the service described in Subsection (6)(a) were not provided by the municipality. (7) "Feasibility consultant" means an individual or entity with expertise in the processes and economics of providing: (a) a broadband service; (b) a cable television service; and (c) a public telecommunications service. (8) (a) "Full-cost accounting" means the accounting of all costs incurred by a municipality in providing: (i) a broadband service; (ii) a cable television service; or (iii) a public telecommunications service. (b) The costs included in a full-cost accounting include all: (i) capital costs; (ii) direct costs; and (iii) indirect costs. (9) (a) "Indirect cost" means a cost identified with two or more services or other functions that is not directly identified with a single service or function. (b) "Indirect cost" may include cost factors for: (i) administration; (ii) accounting; (iii) personnel; (iv) purchasing; (v) legal support; and (vi) other staff or departmental support. (10) "Private provider" means a person that: (a) provides: (i) a broadband service; (ii) a cable television service; or (iii) a public telecommunications service; and (b) is a private entity. (11) (a) "Public telecommunications service" means the two-way transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means offered to the public generally. (b) "Public telecommunications service" does not include broadband service. (12) "Subscriber" means a person that lawfully receives: (a) a broadband service; (b) a cable television service; or (c) a public telecommunications service.
Utah Code § 10-1-304 — Utah Code / Title 10 / Chapter 10-1 / § 10-1-304
§ 10-1-304. Energy sales and use tax -- Rate -- Imposition or repeal of tax -- Tax rate change -- Effective date -- Notice requirements -- Exemptions.
Status: in_force

(1) (a) Except as provided in Subsections (4) and (5), a municipality may levy a municipal energy sales and use tax on the sale or use of taxable energy within the municipality: (i) by ordinance as provided in Section 10-1-305; and (ii) of up to 6% of the delivered value of the taxable energy. (b) Subject to Section 63H-1-203, the military authority may levy a municipal energy sales and use tax under this part within a project area described in a project area plan adopted by the military authority under Title 63H, Chapter 1, Military Installation Development Authority Act, as though the military authority were a municipality. (c) (i) Beginning July 1, 2022, the point of the mountain authority may by resolution levy a municipal energy sales and use tax under this part within the area that constitutes the point of the mountain state land, as defined in Section 11-59-102, as though the point of the mountain authority were a municipality. (ii) The point of the mountain authority's adoption of a resolution under Subsection (1)(c)(i) that otherwise complies with the requirements under this part applicable to an ordinance is considered the equivalent of adopting an ordinance under this part. (d) (i) Beginning October 1, 2024, the fairpark district may by resolution levy a municipal energy sales and use tax under this part within the district sales tax area, as defined in Section 11-70-101, as though the fairpark district were a municipality. (ii) The fairpark district's adoption of a resolution under Subsection (1)(d)(i) that otherwise complies with the requirements under this part applicable to an ordinance is considered the equivalent of adopting an ordinance under this part. (2) A municipal energy sales and use tax imposed under this part may be in addition to any sales and use tax imposed by the municipality under Title 59, Chapter 12, Sales and Use Tax Act. (3) (a) For purposes of this Subsection (3): (i) "Annexation" means an annexation to a municipality under Chapter 2, Part 4, Annexation. (ii) "Annexing area" means an area that is annexed into a municipality. (b) (i) If, on or after May 1, 2000, a city or town enacts or repeals a tax or changes the rate of a tax under this part, the enactment, repeal, or change shall take effect: (A) on the first day of a calendar quarter; and (B) after a 90-day period beginning on the date the commission receives notice meeting the requirements of Subsection (3)(b)(ii) from the municipality. (ii) The notice described in Subsection (3)(b)(i)(B) shall state: (A) that the city or town will enact or repeal a tax or change the rate of a tax under this part; (B) the statutory authority for the tax described in Subsection (3)(b)(ii)(A); (C) the effective date of the tax described in Subsection (3)(b)(ii)(A); and (D) if the city or town enacts the tax or changes the rate of the tax described in Subsection (3)(b)(ii)(A), the new rate of the tax. (c) (i) If, for an annexation that occurs on or after May 1, 2000, the annexation will result in a change in the rate of a tax under this part for an annexing area, the change shall take effect: (A) on the first day of a calendar quarter; and (B) after a 90-day period beginning on the date the commission receives notice meeting the requirements of Subsection (3)(c)(ii) from the municipality that annexes the annexing area. (ii) The notice described in Subsection (3)(c)(i)(B) shall state: (A) that the annexation described in Subsection (3)(c)(i) will result in a change in the rate of a tax under this part for the annexing area; (B) the statutory authority for the tax described in Subsection (3)(c)(ii)(A); (C) the effective date of the tax described in Subsection (3)(c)(ii)(A); and (D) the new rate of the tax described in Subsection (3)(c)(ii)(A). (4) (a) Subject to Subsection (4)(b), a sale or use of electricity within a municipality is exempt from the tax authorized by this section if the sale or use is made under a tariff adopted by the Public Service Commission of Utah only for purchase of electricity produced from a new source of alternative energy, as defined in Section 59-12-102, as designated in the tariff by the Public Service Commission of Utah. (b) The exemption under Subsection (4)(a) applies to the portion of the tariff rate a customer pays under the tariff described in Subsection (4)(a) that exceeds the tariff rate under the tariff described in Subsection (4)(a) that the customer would have paid absent the tariff. (5) (a) A municipality may not levy a municipal energy sales and use tax: (i) within any portion of the municipality that is within a project area described in a project area plan adopted by the military authority under Title 63H, Chapter 1, Military Installation Development Authority Act; (ii) on or after July 1, 2022, within the point of the mountain state land, as defined in Section 11-59-102; or (iii) on or after October 1, 2024, within the district sales tax area, as defined in Section 11-70-101. (b) Subsection (5)(a) does not apply to: (i) the military authority's levy of a municipal energy sales and use tax; (ii) the point of the mountain authority's levy of a municipal energy sales and use tax; or (iii) the fairpark district's levy of a municipal energy sales and use tax. (6) A tax levied under this part by the military authority, point of the mountain authority, or fairpark district shall be administered and collected on behalf of and paid to the military authority, point of the mountain authority, or fairpark district, respectively, in the same way that a tax levied under this part by a municipality is administered and collected on behalf of and paid to the municipality.
Utah Code § 10-20-618 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-618
§ 10-20-618. Regulation of building design elements prohibited -- Regulation of parking spaces prohibited -- Exceptions.
Status: in_force

(1) As used in this section: (a) "Affordable housing" means housing occupied or reserved for occupancy that is priced at 80% of the county median home price. (b) "Building design element" means: (i) exterior color; (ii) type or style of exterior cladding material; (iii) style, dimensions, or materials of a roof structure, roof pitch, or porch; (iv) exterior nonstructural architectural ornamentation; (v) location, design, placement, or architectural styling of a window or door; (vi) location, design, placement, or architectural styling of a garage door, not including a rear-loading garage door; (vii) number or type of rooms; (viii) interior layout of a room; (ix) minimum square footage over 1,000 square feet, not including a garage; (x) rear yard landscaping requirements; (xi) minimum building dimensions; or (xii) a requirement to install front yard fencing. (c) "Owner-occupied" means a housing unit in which the individual who owns the housing unit, solely or jointly, lives as the individual's primary residence for no less than five years. (d) "Specified municipality" means the same as that term is defined in Section 10-21-101. (e) "Unobstructed" means a parking space that has no permanent barriers that would unreasonably reduce the size of an available parking space described in Subsection (4). (2) Except as provided in Subsection (3), a municipality may not impose a requirement for a building design element on a one- or two-family dwelling. (3) Subsection (2) does not apply to: (a) a dwelling located within an area designated as a historic district in: (i) the National Register of Historic Places; (ii) the state register as defined in Section 9-8a-402; or (iii) a local historic district or area, or a site designated as a local landmark, created by ordinance before January 1, 2021, except as provided under Subsection (3)(b); (b) an ordinance enacted as a condition for participation in the National Flood Insurance Program administered by the Federal Emergency Management Agency; (c) an ordinance enacted to implement the requirements of the Utah Wildland Urban Interface Code adopted under Section 15A-2-103; (d) building design elements agreed to under a development agreement; (e) a dwelling located within an area that: (i) is zoned primarily for residential use; and (ii) was substantially developed before calendar year 1950; (f) an ordinance enacted to implement water efficient landscaping in a rear yard; (g) an ordinance enacted to regulate type of cladding, in response to findings or evidence from the construction industry of: (i) defects in the material of existing cladding; or (ii) consistent defects in the installation of existing cladding; (h) a land use regulation, including a planned unit development or overlay zone, that a property owner requests: (i) the municipality to apply to the owner's property; and (ii) in exchange for an increase in density or other benefit not otherwise available as a permitted use in the zoning area or district; or (i) an ordinance enacted to mitigate the impacts of an accidental explosion: (i) in excess of 20,000 pounds of trinitrotoluene equivalent; (ii) that would create overpressure waves greater than .2 pounds per square inch; and (iii) that would pose a risk of damage to a window, garage door, or carport of a facility located within the vicinity of the regulated area. (4) A municipality that is a specified municipality may not: (a) require that the dimensions of a single parking space for a one- or two-family dwelling or town home be: (i) for unobstructed, enclosed, or covered parking: (A) more than 10 feet wide; or (B) more than 20 feet long; or (ii) for uncovered parking: (A) more than nine feet wide; or (B) more than 20 feet long; (b) restrict an unobstructed tandem parking space from satisfying two parking spaces as part of a minimum parking space requirement; and (c) restrict a two-car garage from satisfying two parking spaces as part of a minimum parking space requirement. (5) A municipality may not require a garage for a single-family attached or detached dwelling that is owner-occupied affordable housing. (6) If a municipality requires a garage, the municipality shall count each parking space within the garage as part of the municipality's minimum parking space requirement as described in Section 10-21-303. (7) Nothing in this section prohibits a municipality from requiring on-site parking for owner-occupied affordable housing.
Utah Code § 10-2a-102 — Utah Code / Title 10 / Chapter 10-2a / § 10-2a-102
§ 10-2a-102. Definitions.
Status: in_force

(1) As used in this chapter: (a) "Community council area" means the cumulative areas within the geographic boundary of a community council that is formally recognized by a county of the first class pursuant to county ordinance. (b) "Community council municipality" means a municipality that results from the incorporation of unincorporated islands within a community council area. (c) "Contact sponsor" means the person designated in the feasibility request as the contact sponsor under Subsection 10-2a-202(3)(b). (d) (i) "Contiguous" means, except as provided in Subsection (1)(d)(ii), the same as that term is defined in Section 10-1-104. (ii) "Contiguous" does not include a circumstance where: (A) two areas of land are only connected by a strip of land between geographically separate areas; and (B) the distance between the geographically separate areas described in Subsection (1)(d)(ii)(A) is greater than the average width of the strip of land connecting the geographically separate areas. (e) "Feasibility consultant" means a person or firm with the qualifications and expertise described in Subsection 10-2a-205(2)(b). (f) "Feasibility request" means a request, described in Section 10-2a-202, for a feasibility study for the proposed incorporation of a municipality. (g) (i) "Municipal service" means any of the following that are publicly provided: (A) culinary water; (B) secondary water; (C) sewer service; (D) storm drainage or flood control; (E) recreational facilities or parks; (F) electrical power generation or distribution; (G) construction or maintenance of local streets and roads; (H) street lighting; (I) curb, gutter, and sidewalk maintenance; (J) law or code enforcement service; (K) fire protection service; (L) animal services; (M) planning and zoning; (N) building permits and inspections; (O) refuse collection; or (P) weed control. (ii) "Municipal service" includes the physical facilities required to provide a service described in Subsection (1)(g)(i). (h) "Municipal services district" means a special district created under Title 17B, Chapter 2a, Part 11, Municipal Services District Act. (i) "Private," with respect to real property, means taxable property. (2) For purposes of this part: (a) the owner of real property shall be the record title owner according to the records of the county recorder on the date of the filing of the feasibility request or petition for incorporation; and (b) the assessed fair market value of private real property shall be determined according to the last assessment roll for county taxes before the filing of the feasibility request or petition for incorporation. (3) For purposes of each provision of this part that requires the owners of private real property covering a percentage or fraction of the total private land area within an area to sign a feasibility request or a petition for incorporation: (a) a parcel of real property may not be included in the calculation of the required percentage or fraction unless the feasibility request or petition for incorporation is signed by: (i) except as provided in Subsection (3)(a)(ii), owners representing a majority ownership interest in that parcel; or (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number of owners of that parcel; (b) the signature of a person signing a feasibility request or a petition for incorporation in a representative capacity on behalf of an owner is invalid unless: (i) the person's representative capacity and the name of the owner the person represents are indicated on the feasibility request or petition for incorporation with the person's signature; and (ii) the person provides documentation accompanying the feasibility request or petition for incorporation that substantiates the person's representative capacity; and (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a feasibility request or a petition for incorporation on behalf of a deceased owner.
Utah Code § 10-20-208 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-208
§ 10-20-208. Hearing and notice for petition to vacate a public street.
Status: in_force

(1) For any petition to vacate some or all of a public street or municipal utility easement the legislative body shall: (a) hold a public hearing; and (b) give notice of the date, place, and time of the hearing, as provided in Subsection (2). (2) At least 10 days before the public hearing under Subsection (1)(a), the legislative body shall ensure that the notice required under Subsection (1)(b) is: (a) mailed to the record owner of each parcel that is accessed by the public street or municipal utility easement; (b) mailed to each affected entity; and (c) provided for the public street or municipal utility easement, as a class A notice under Section 63G-30-102, for at least 10 days.
Utah Code § 10-3-1009 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-1009
§ 10-3-1009. Certification of applicants for position -- Number -- Eligible lists, removal.
Status: in_force

(1) If a position in the classified civil service is to be filled, the civil service commission shall as soon as possible certify to the appointing power the names of: (a) 10 persons, if the position to be filled is entry level; or (b) five persons, if the position to be filled is other than entry level. (2) Persons certified under Subsection (1) shall have the highest standing in the eligible list, but a lesser number may be certified if the required number is not on the eligible list. (3) If more than one position is available in the same department, the civil service commission shall also certify to the appointing power one additional name for each additional position to be filled. (4) (a) All persons not appointed shall be restored to their relative positions on the eligible list. (b) All persons who have been on the eligible list for two years without appointment shall be removed from the list and may be returned to it only upon regular examination.
Utah Code § 10-2-804 — Utah Code / Title 10 / Chapter 10-2 / § 10-2-804
§ 10-2-804. Annexation -- Limitations.
Status: in_force

(1) A contiguous, unincorporated area that is contiguous to a municipality may be annexed to the municipality as provided in this part. (2) Except as provided in Subsection (3), a municipality may not annex an unincorporated area unless: (a) the unincorporated area is a contiguous area; (b) the unincorporated area is contiguous to the municipality; (c) annexation will not leave or create an unincorporated island or unincorporated peninsula: (i) except as provided in Subsection 10-2-812(2); (ii) except where an unincorporated island or peninsula existed before the annexation, if the annexation will reduce the size of the unincorporated island or peninsula; or (iii) unless the county and municipality have otherwise agreed; and (d) the area is within the proposed annexing municipality's expansion area, as specified in an annexation policy plan adopted as described in Section 10-2-803. (3) A municipality may annex an unincorporated area within a specified county that does not meet the requirements of Subsection (2), leaving or creating an unincorporated island or unincorporated peninsula, if: (a) the area is within the annexing municipality's expansion area; (b) the county in which the area is located and the annexing municipality agree to the annexation; (c) the area is not within the area of another municipality's annexation policy plan, unless the other municipality agrees to the annexation; and (d) the annexation is for the purpose of providing municipal services to the area. (4) Except as provided in Section 10-2-812, a municipality may not annex an unincorporated area unless a petition under Section 10-2-806 is filed requesting annexation. (5) (a) An annexation under this part may not include part of a parcel of real property and exclude part of that same parcel unless the owner of that parcel has signed the annexation petition under Section 10-2-806. (b) A piece of real property that has more than one parcel number is considered to be a single parcel for purposes of Subsection (5)(a) if owned by the same owner. (6) A municipality may not annex an unincorporated area for the sole purpose of acquiring municipal revenue or to hinder the capacity of another municipality to annex the same or a related area unless the annexing municipality has the ability and intent to benefit the annexed area by providing municipal services to the annexed area. (7) (a) As used in this Subsection (7), "airport" means an area that the Federal Aviation Administration has, by a record of decision, approved for the construction or operation of a Class I, II, or III commercial service airport, as designated by the Federal Aviation Administration in 14 C.F.R. Part 139. (b) A municipality may not annex an unincorporated area within 5,000 feet of the center line of any runway of an airport operated or to be constructed and operated by another municipality unless the legislative body of the other municipality adopts a resolution consenting to the annexation. (c) A municipality that operates or intends to construct and operate an airport and does not adopt a resolution consenting to the annexation of an area described in Subsection (7)(b) may not deny an annexation petition proposing the annexation of that same area to that municipality. (8) (a) As used in this Subsection (8): (i) "Authority" means the same as that term is defined in Section 63H-1-102. (ii) "Project area" means the same as that term is defined in Section 63H-1-102. (b) A municipality may not annex an unincorporated area located within a project area without the authority's approval. (c) The authority may petition for annexation of the following areas to a municipality as if the authority was the sole private property owner within the area: (i) an area within a project area; (ii) an area that is contiguous to a project area and within the boundaries of a military installation; (iii) an area owned by the authority; and (iv) an area that is contiguous to an area owned by the authority that the authority plans to add to an existing project area. (9) (a) Except as provided in Subsection (9)(b), a municipality may not annex an unincorporated area if: (i) the unincorporated area is proposed for incorporation in: (A) a feasibility study conducted under Section 10-2a-205; or (B) a supplemental feasibility study conducted under Section 10-2a-206; and (ii) the county clerk completes the second public hearing on the proposed incorporation under Subsection 10-2a-207(4). (b) If an unincorporated area proposed for incorporation, as described in Subsection (9)(a)(i), does not incorporate within three years from the day on which the county clerk completes the second public hearing on the proposed municipality, a municipality may annex the unincorporated area.
Utah Code § 10-3-913 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-913
§ 10-3-913. Authority of chief of police -- Oversight.
Status: in_force

(1) The chief of police has the same authority as the sheriff within the boundaries of the municipality of appointment. The chief has authority to: (a) suppress riots, disturbances, and breaches of the peace; (b) apprehend all persons violating state laws or city ordinances; (c) diligently discharge his duties and enforce all ordinances of the city to preserve the peace, good order, and protection of the rights and property of all persons; (d) attend the municipal justice court located within the city when required, provide security for the court, and obey its orders and directions; and (e) select a representative of law enforcement to serve as a member of a child protection team, as defined in Section 80-1-102. (2) This section is not a limitation of a police chief's statewide authority as otherwise provided by law. (3) The chief of police shall adopt a written policy that prohibits the stopping, detention, or search of any person when the action is solely motivated by considerations of race, color, ethnicity, age, or gender. (4) (a) Notwithstanding Sections 10-3-918 and 10-3-919, a municipality may not establish a board, committee, or other entity that: (i) has authority independent of the chief of police; and (ii) (A) has authority to overrule a hiring or appointment proposal of the chief of police; (B) is required to review or approve a police department's rules, regulations, policies, or procedures in order for the rules, regulations, policies, or procedures to take effect; (C) has authority to veto a new policy, or strike down an existing policy, established under the authority of the chief of police; (D) is required to review or approve a police department's budget in order for the budget to take effect; or (E) has authority to review or approve a contract the police department makes with a police union or other organization. (b) Nothing in this Subsection (4): (i) limits the authority the Utah Code provides over the chief of police; (ii) prohibits the municipal council or chief executive officer from taking a lawful action described in Subsection (4)(a)(ii) that is allowed by law; or (iii) limits the authority of a civil service commission established in accordance with Title 10, Chapter 3, Part 10, Civil Service Commission. (5) Subject to Subsection (4), a municipality may establish a board, committee, or other entity that relates to the provision of law enforcement services and that has authority independent of the chief of police if the municipality: (a) directly appoints the board, committee, or other entity's members; and (b) provides direct oversight of the board, committee, or other entity.
Utah Code § 10-7-71 — Utah Code / Title 10 / Chapter 10-7 / § 10-7-71
§ 10-7-71. Corporate violation -- Summons -- Time and manner of service.
Status: in_force

The summons and copy of complaint shall be served at least 24 hours before the hour of appearance fixed therein by delivering to and leaving a copy thereof with the president or other head of the corporation, or the secretary, the cashier, or the managing or process agent thereof, and by showing to him the original summons.
Utah Code § 10-6-135.5 — Utah Code / Title 10 / Chapter 10-6 / § 10-6-135.5
§ 10-6-135.5. Transfer of enterprise fund money to another fund -- Notice.
Status: in_force

(1) As used in this section: (a) "Budget hearing" means a public hearing required under Section 10-6-114. (b) "Enterprise fund accounting data" means a detailed overview of the various enterprise funds of the city that includes: (i) a cost accounting breakdown of how money in the enterprise fund is being used to cover, as applicable: (A) administrative and overhead costs of the city attributable to the operation of the enterprise for which the enterprise fund was created; and (B) other costs not associated with the enterprise for which the enterprise fund was created; and (ii) specific enterprise fund information. (c) "Enterprise fund hearing" means the public hearing required under Subsection (3)(d). (d) "Specific enterprise fund information" means: (i) the dollar amount of transfers from an enterprise fund to another fund; and (ii) the percentage of the total enterprise fund expenditures represented by each transfer to another fund. (2) Subject to the requirements of this section, a city may transfer money in an enterprise fund to another fund to pay for a good, service, project, venture, or other purpose that is not directly related to the goods or services provided by the enterprise for which the enterprise fund was created. (3) The governing body of a city that intends to transfer money in an enterprise fund to another fund shall: (a) provide notice of the intended transfer as required under Subsection (4); (b) clearly identify in a separate section or document accompanying the city's tentative budget or, if an amendment to the city's budget includes or is based on an intended transfer, in a separate section or document accompanying the amendment to the city's budget: (i) the enterprise fund from which money is intended to be transferred; and (ii) the specific enterprise fund information for that enterprise fund; (c) provide notice of an enterprise fund hearing, as required in Subsection (4); and (d) hold an enterprise fund hearing before the adoption of the city's budget or, if applicable, the amendment to the budget. (4) (a) For at least seven days before holding an enterprise fund hearing, a governing body shall provide the notice described in Subsection (4)(b) for the city, as a class A notice under Section 63G-30-102. (b) The notice required under Subsection (4)(a) shall: (i) explain the intended transfer of enterprise fund money to another fund; (ii) include specific enterprise fund information for each enterprise fund from which money is intended to be transferred; (iii) provide the date, time, and place of the enterprise fund hearing; and (iv) explain the purpose of the enterprise fund hearing. (5) (a) An enterprise fund hearing shall be separate and independent from a budget hearing and any other public hearing. (b) At an enterprise fund hearing, the governing body shall: (i) explain the intended transfer of enterprise fund money to another fund; (ii) provide enterprise fund accounting data to the public; and (iii) allow members of the public in attendance at the hearing to comment on: (A) the intended transfer of enterprise fund money to another fund; and (B) the enterprise fund accounting data. (6) (a) If a governing body adopts a budget or a budget amendment that includes or is based on a transfer of money from an enterprise fund to another fund, the governing body shall: (i) within 60 days after adopting the budget or budget amendment: (A) mail a notice to users of the goods or services provided by the enterprise for which the enterprise fund was created, if the city regularly mails users a periodic billing for the goods or services; and (B) email a notice to users of the goods or services provided by the enterprise for which the enterprise fund was created, if the city regularly emails users a periodic billing for the goods or services; (ii) within seven days after adopting the budget or budget amendment: (A) post enterprise fund accounting data on the city's website, if the city has a website; (B) using the city's social media platform, publish notice of the adoption of a budget or budget amendment that includes or is based on a transfer of money from an enterprise fund to another fund, if the city communicates with the public through a social media platform; and (iii) within 30 days after adopting the budget, submit to the state auditor the specific enterprise fund information for each enterprise fund from which money will be transferred. (b) A notice required under Subsection (6)(a)(i) shall: (i) announce the adoption of a budget or budget amendment that includes or is based on a transfer of money from an enterprise fund to another fund; and (ii) include the specific enterprise fund information. (c) The governing body shall maintain the website posting required under Subsection (6)(a)(ii)(A) continuously until another posting is required under Subsection (4)(a).
Utah Code § 10-11-1 — Utah Code / Title 10 / Chapter 10-11 / § 10-11-1
§ 10-11-1. Abatement of weeds, garbage, public nuisances, and hazardous materials -- Selection of service provider.
Status: in_force

(1) As used in this chapter, "hazardous materials" means the same as that term is defined in Section 19-6-902. (2) A municipal legislative body may: (a) designate and regulate the abatement of: (i) the growth and spread of injurious and noxious weeds; (ii) garbage and refuse; (iii) a public nuisance; (iv) an illegal object or structure; or (v) for a structure or any real property closed to occupancy or entry by a local health department, hazardous materials; and (b) appoint a municipal inspector for the purpose of carrying out and in accordance with the provisions of this chapter. (3) A municipal legislative body may not: (a) prohibit an owner or occupant of real property within the municipality's jurisdiction, including an owner or occupant who receives a notice in accordance with Section 10-11-2, from selecting a person, as defined in Section 10-1-104, to provide an abatement service for injurious and noxious weeds, garbage and refuse, a public nuisance, or an illegal object or structure; or (b) require that an owner or occupant described in Subsection (3)(a) use the services of the municipal inspector or any assistance employed by the municipal inspector described in Section 10-11-3 to provide an abatement service described in Subsection (3)(a). (4) A municipality may require that an owner or occupant described in Subsection (3)(a) use the abatement services, as described in Section 10-11-3, of the municipal inspector, including the use of a certified decontamination specialist as described in Section 19-6-906, or any assistance employed by the municipal inspector if: (a) the municipality adopts an ordinance providing a reasonable period of time of at least 10 days for an owner or occupant to abate the owner's or occupant's property after receiving a notice described in Section 10-11-2; and (b) the owner or occupant fails to abate the property within the reasonable period of time and in accordance with the notice. (5) A municipality may require that an owner or occupant use the abatement services of a certified decontamination specialist to abate hazardous materials. (6) Nothing in this chapter may be construed: (a) as authorizing a municipality to regulate items that are within the exclusive jurisdiction of the Department of Agriculture and Food as provided in Section 4-2-305, including commercial feed, plant food, pesticides, and seeds; or (b) as limiting or abrogating the authority of a local health department under Section 19-6-905.
Utah Code § 10-20-701 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-701
§ 10-20-701. Definitions.
Status: in_force

As used in this part: (1) "Commercial quantities," for purposes of this section, means critical infrastructure materials: (a) extracted or processed by a commercial enterprise in the ordinary course of business; and (b) in a sufficient amount that the critical infrastructure materials introduction into commerce would create a reasonable expectation of profit. (2) "Contiguous land" means surface or subsurface land that shares a common boundary and is not separated by a highway as defined in Section 41-6a-102. (3) "Critical infrastructure materials" means sand, gravel, or rock aggregate. (4) "Critical infrastructure materials use" means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. (5) "Critical infrastructure materials operator" means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that: (a) owns, controls, or manages a critical infrastructure materials use; and (b) has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials use. (6) "Existing legal use" means a critical infrastructure materials use that has operated in accordance with: (a) a legal nonconforming use that has not been abandoned for more than 24 consecutive months; or (b) a permit issued by the applicable political subdivision. (7) "New land" means surface or subsurface land that a critical infrastructure materials operator gains ownership or control of on or before January 1, 2026, regardless of whether that land is included in any applicable permit issued by a political subdivision or a legal nonconforming use. (8) "Vested critical infrastructure materials use" means a critical infrastructure materials use by a critical infrastructure materials operator that is an existing legal use.
Utah Code § 10-20-1106 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-1106
§ 10-20-1106. Due process.
Status: in_force

(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 present or speak during an appeal hearing: (a) the appellant or the appellant's representatives; (b) the land use applicant or the land use applicant's representatives; and (c) the municipality's representatives.
Utah Code § 10-8-82 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-82
§ 10-8-82. Railroads -- Removal of unused tracks.
Status: in_force

They may require the tracks of any railroad or street railway company to be taken up and removed which shall have been laid upon the streets or highways of the city, and which remain in the streets or highways contrary to the terms of the franchise of the company, or which are declared by the governing body a nuisance, or which such company has failed to operate for a period of nine months prior to the time when such nuisance shall be declared, and shall have the power to declare any of the acts specified in this section a nuisance.
Utah Code § 10-8-16 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-16
§ 10-8-16. Watercourses leading to and within city -- Mill privileges.
Status: in_force

They may control the water and watercourses leading to the city and regulate and control the watercourses and mill privileges within the city; provided, that the control may not be exercised to the injury of any right already acquired by actual owners.
Utah Code § 10-2-817 — Utah Code / Title 10 / Chapter 10-2 / § 10-2-817
§ 10-2-817. Electric utility service in annexed area -- Reimbursement for value of facilities -- Liability -- Arbitration.
Status: in_force

(1) As used in this section: (a) "Commission" means the Public Service Commission established in Section 54-1-1. (b) "Current replacement cost" means the cost the transferring party would incur to construct the facility at the time of transfer using the transferring party's: (i) standard estimating rates and standard construction methodologies for the facility; and (ii) standard estimating process. (c) "Depreciation" means an amount calculated: (i) based on: (A) the life and depreciation mortality curve most recently set for the type of facility in the depreciation rates set by the commission or other governing regulatory authority for the electrical corporation; or (B) a straight-line depreciation rate that represents the expended life if agreed to by the transferring and receiving parties; and (ii) to include the gross salvage value of the type of facility based on the latest depreciation life approved by the commission or other governing regulatory authority for the electrical corporation, with a floor at the gross salvage value of the asset and in no case less than zero. (d) "Electrical corporation" means: (i) an entity as defined in Section 54-2-1; or (ii) an improvement district system described in Subsection 17B-2a-403(1)(a)(iv). (e) "Facility" means electric equipment or infrastructure used to serve an electric customer, above ground or underground, including: (i) a power line, transformer, switch gear, pole, wire, guy anchor, conductor, cable, or other related equipment; or (ii) a right-of-way, easement, or any other real property interest or legal right or interest used to operate and maintain the electric equipment or infrastructure. (f) "Facility transfer" means the transfer of a facility from a transferring party to a receiving party in accordance with Subsection (3). (g) "Lost or stranded facility" means a facility that is currently used by a transferring party that will no longer be used, whether in whole or in part, as a result of a facility transfer. (h) "Receiving party" means a municipality or electrical corporation to whom a facility is transferred. (i) "Transferring party" means a municipality or electrical corporation that transfers a facility. (2) (a) If an electric customer in an area being annexed by a municipality receives electric service from an electrical corporation that is not an improvement district system described in Subsection 17B-2a-403(1)(a)(iv), the municipality may not, without the agreement of the electrical corporation, furnish municipal electric service to any electric customer in the annexed area until the municipality has reimbursed the electrical corporation for the value of each facility used to serve any electric customer within the annexed area, including the value of any facility owned by a wholesale electric cooperative affiliated with the electrical corporation, dedicated to provide service to the annexed area. (b) If an electric customer in an area being annexed by a municipality receives electric service from an electrical corporation that is an improvement district system described in Subsection 17B-2a-403(1)(a)(iv), the municipality may not, without the agreement of the electrical corporation, furnish municipal electric service to the electric customer until the municipality has reimbursed the electric corporation for the value of the facility used to serve the electric customer within the annexed area. (3) The following procedures apply if a municipality transfers a facility to an electrical corporation in accordance with Section 10-8-14 or if an electrical corporation transfers a facility to a municipality in accordance with Subsection (2), Section 54-3-30, or 54-3-31: (a) the transferring party shall provide a written estimate of the transferring party's cost of preparing the inventory required in Subsection (3)(c) to the receiving party no later than 60 days after the date of notice from the receiving party; (b) (i) the receiving party shall pay the estimated cost of preparing the inventory to the transferring party no later than 60 days after the day that the receiving party receives the written estimate; or (ii) if the actual cost of preparing the inventory differs from the estimated cost, the transferring party shall include the difference between the actual cost and the estimated cost in the reimbursement described in Subsection (5); (c) except as provided in Subsection (3)(f), the transferring party shall prepare, in accordance with Subsection (4), and deliver the inventory to the receiving party no later than 180 days after the day that the transferring party receives the payment specified in Subsection (3)(b); (d) (i) at any time, the parties may by agreement correct or update the inventory; or (ii) if the parties are unable to reach an agreement on an updated inventory, they shall: (A) proceed with the facility transfer and reimbursement based on the inventory as submitted in accordance with Subsection (3)(c); and (B) resolve their dispute as provided in Subsection (6); (e) except as provided in Subsection (3)(f), the parties shall complete each facility transfer and reimbursement contemplated by this Subsection (3) no later than 180 days after the date that the transferring party delivers the inventory to the receiving party in accordance with Subsection (3)(c); and (f) the periods specified in Subsections (3)(c) and (e) may be extended for up to an additional 90 days by agreement of the parties. (4) (a) The inventory prepared by a transferring party in accordance with Subsection (3)(c) shall include an identification of each facility to be transferred and the amount of reimbursement as provided in Subsection (5). (b) The transferring party may not include in the inventory a facility that the transferring party removed from service for at least 36 consecutive months prior to the date of the inventory, unless the facility was taken out of service as a result of an action by the receiving party. (5) (a) Unless otherwise agreed by the parties, the reimbursement for the transfer of each facility shall include: (i) the cost of preparing the inventory as provided in Subsection (3)(b); (ii) subject to Subsection (5)(b)(i), the value of each transferred facility calculated by the current replacement cost of the facility less depreciation based on facility age; (iii) the cost incurred by the transferring party for: (A) the physical separation of each facility from its system, including the cost of any facility constructed or installed that is necessary for the transferring party to continue to provide reliable electric service to its remaining customers; (B) administrative, engineering, and record keeping expenses incurred by the transferring party for the transfer of each facility to the receiving party, including any difference between the actual cost of preparing the inventory and the estimated cost of preparing the inventory; and (C) reimbursement for any tax consequences to the transferring party resulting from each facility transfer; (iv) the value of each lost or stranded facility of the transferring party based on the valuation formula described in Subsection (5)(a)(ii) or as otherwise agreed by the parties; (v) the diminished value of each transferring party facility that will not be transferred based on the percentage of the facility that will no longer be used as a result of the facility transfer; and (vi) the transferring party's book value of a right-of-way or easement transferred with each facility. (b) (i) (A) The receiving party may review the estimation of the current replacement costs of each facility, including the wage rates, material costs, overhead assumptions, and other pricing used to establish the estimation of the current replacement costs of the facility. (B) Prior to reviewing the estimation, the receiving party shall enter into a nondisclosure agreement acceptable to the transferring party. (C) The nondisclosure agreement shall restrict the use of the information provided by the transferring party solely for the purpose of reviewing the estimation of the current replacement cost and preserve the confidentiality of the information to prevent any effect on a competitive bid received by either party. (ii) (A) If the age of a facility may be readily determined by the transferring party, the transferring party shall use that age to determine the facility's depreciation. (B) If the age of a facility cannot be readily determined, the transferring party shall estimate the age of the facility based on the average remaining life approved for the same type of facility in the most current depreciation rates set by the commission or other governing regulatory authority for the electrical corporation. (c) (i) (A) A transferring party that transfers a facility in accordance with this section shall, upon delivery of a document conveying title to the receiving party, transfer the facility without any express or implied warranties. (B) A receiving party that receives a facility in accordance with this section shall, upon receipt of a document conveying title, accept the facility in its existing condition and assume any and all liability, fault, risk, or potential loss arising from or related to the facility. (ii) Notwithstanding Subsection (5)(c)(i), if, within six months after the date that any oil filled equipment is transferred, the receiving party discovers that a transferred oil filled equipment contains polychlorinated biphenyl, the transferring party shall reimburse the receiving party for the cost of testing and disposal of that oil filled equipment. (6) (a) If the parties cannot agree on each facility to be transferred or the respective reimbursement amount, the parties shall: (i) proceed with the facility transfer and the reimbursement based on the inventory as submitted by the transferring party in accordance with Subsection (3)(c) and in accordance with the schedule provided in Subsection (3)(e); and (ii) submit the dispute for mediation or arbitration. (b) The parties shall share equally in the costs of mediation or arbitration. (c) If the parties are unable to resolve the dispute through mediation or arbitration, either party may bring an action in the state court of jurisdiction. (d) The arbitrator, or state court if the parties cannot agree on arbitration, shall determine each facility to be transferred and the amount to be reimbursed in accordance with Subsection (5). (e) If the arbitrator or state court determines that: (i) a transferring party transferred a facility that should not have been transferred, the receiving party shall return the facility; (ii) a party did not transfer a facility that should have been transferred, the party that should have transferred the facility shall transfer the facility to the party to whom the facility should have been transferred; (iii) the amount reimbursed by the receiving party is insufficient, the receiving party shall pay the difference to the transferring party; or (iv) the amount reimbursed by the receiving party is more than the amount that should have been reimbursed, the transferring party shall pay the difference to the receiving party. (7) Unless otherwise agreed upon in writing by the parties: (a) a party shall transfer a facility to be transferred in accordance with Subsection (6)(e) no later than 60 days after the day that the arbitrator or court issues a determination unless the parties mutually agree to a longer time to complete the transfer; and (b) a party shall: (i) pay an amount required to be paid in accordance with Subsection (6)(e) no later than 30 days after the day that the arbitrator or court issues a determination; and (ii) include interest in the payment at the overall rate of return on the rate base most recently authorized by the commission or other governing regulatory agency for the electrical corporation from the date the reimbursement was originally paid until the difference is paid. (8) (a) Nothing in this section limits the availability of other damages under law arising by virtue of an agreement between the municipality and the electrical corporation. (b) Notwithstanding Subsection (8)(a), a party described in this section is not entitled to an award for: (i) damages that are indirect, incidental, punitive, exemplary, or consequential; (ii) lost profits; or (iii) other business interruption damages. (9) Nothing in this section or Section 10-8-14, 54-3-30, or 54-3-31 applies to a transfer of facilities from an electrical corporation to a municipality in accordance with a decision by a municipality that did not previously provide electric service and seeks to commence providing electric service to a customer currently served by an electrical corporation within the municipal boundary. (10) The provisions of this section apply to any annexation under this part.
Utah Code § 10-20-214 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-214
§ 10-20-214. Notice of significant private airports.
Status: in_force

(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 72-10-416, the municipal land use authority shall record with the county recorder and against any existing residential parcel within 2,500 feet of a runway of a significant private airport located within the boundary of the municipality a notice with the following language: "In accordance with Utah Code Section 10-20-214, notice is hereby given that the subject property is located within 2,500 feet of a runway of a significant airport that as of [INSERT THE DATE OF THE RECORDING] is known as [AIRPORT NAME] and is located at [INSERT THE ADDRESS OF THE SIGNIFICANT PRIVATE AIRPORT]. Said notice boundary more accurately described as [INSERT BOUNDARY LEGAL DESCRIPTION OF ALL PROPERTY WITHIN 2,500 FEET OF RUNWAY]."
Utah Code § 10-7-18 — Utah Code / Title 10 / Chapter 10-7 / § 10-7-18
§ 10-7-18. Disposition of money received.
Status: in_force

(1) All money received from the sale of property under Sections 10-7-15 through 10-7-17 shall be kept in a separate fund, and may not be expended, or mixed with other funds of the city or town, until all bonds and other indebtedness issued for the purchase or construction of the plant or works, together with accumulated interest thereon, have first been paid. (2) If the property sold brings an amount in excess of the outstanding bonds and other indebtedness issued for the purchase or construction of the property sold, the excess shall be deposited in a bank in this state under direction of the municipal legislative body, and may not thereafter be expended except for some municipal purpose by authority given by the registered voters of the city or town at a general or special election called and conducted in the manner set forth in Sections 10-7-7 and 10-7-8.
Utah Code § 10-2-701.5 — Utah Code / Title 10 / Chapter 10-2 / § 10-2-701.5
§ 10-2-701.5. Form of petition.
Status: in_force

A petition for municipal disincorporation shall substantially comply with, and be circulated in, the following form: PETITION FOR MUNICIPAL DISINCORPORATIONTo the Honorable District Court of ____ County, Utah:We, the undersigned citizens and legal voters of the State of Utah, and residents of ____ City, Utah, respectfully petition the Court to submit a proposal to disincorporate ____ City, Utah, to the legal voters resident within said city for their approval or rejection at a special election ordered held by the court for that purpose; and each signator for himself or herself says: I have personally signed this petition; I am a legal voter of the State of Utah; I am a resident of ____ City, Utah, and my residence and post office address are correctly written after my name.WARNING TO SIGNERS WITH PRIVATE VOTER REGISTRATION RECORDSIf you sign this petition, your voter identification number and the date you signed may be publicly disclosed. This disclosure may occur even if you are an at-risk voter with a voter registration record that has been classified as a private record.
Utah Code § 10-20-1001 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-1001
§ 10-20-1001. Enforcement -- Limitations on a municipality's ability to enforce an ordinance by withholding a permit or certificate.
Status: in_force

(1) (a) A municipality or a land use applicant may, in addition to other remedies provided by law, institute: (i) injunctions, mandamus, abatement, or any other appropriate actions; or (ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act. (b) A municipality need only establish the violation to obtain the injunction. (2) (a) Except as provided in Subsections (3) through (6), a municipality may enforce the municipality's ordinance by withholding a building permit or certificate of occupancy. (b) It is an infraction to erect, construct, reconstruct, alter, or change the use of any building or other structure within a municipality without approval of a building permit. (c) A municipality may not issue a building permit unless the plans of and for the proposed erection, construction, reconstruction, alteration, or use fully conform to all regulations then in effect. (d) A municipality may require an applicant to maintain and repair a temporary fire apparatus road during the construction of a structure accessed by the temporary fire apparatus road in accordance with the municipality's adopted standards. (e) A municipality may require temporary signs to be installed at each street intersection once construction of a new roadway allows passage by a motor vehicle. (f) A municipality may adopt and enforce any appendix of the International Fire Code, 2021 Edition. (3) (a) A municipality may not deny an applicant a building permit or certificate of occupancy because the applicant has not completed an infrastructure improvement: (i) unless the infrastructure improvement is essential to meet the requirements for the issuance of a building permit or certificate of occupancy under Title 15A, State Construction and Fire Codes Act; and (ii) for which the municipality has accepted an improvement completion assurance for a public landscaping improvement, as defined in Section 10-20-807, or an infrastructure improvement for the development. (b) For purposes of Subsection (3)(a)(i), notwithstanding Section 15A-5-205.6, infrastructure improvement that is essential means: (i) for a building permit: (A) operable fire hydrants installed in a manner that is consistent with the municipality's adopted engineering standards; and (B) for temporary roads used during construction, a properly compacted road base installed in a manner consistent with the municipality's adopted engineering standards; (ii) for a certificate of occupancy, at the discretion of the municipality, at least one of the following: (A) a permanent road; (B) a temporary road covered with asphalt or concrete; or (C) another method for accessing a structure consistent with Appendix D of the International Fire Code; and (iii) public infrastructure necessary for the health, life, and safety of the occupant. (c) A municipality may not adopt an engineering standard that requires an applicant to install a permanent road or a temporary road with asphalt or concrete before receiving a building permit. (4) A municipality may not deny an applicant a building permit or certificate of occupancy for failure to: (a) submit a private landscaping plan, as defined in Section 10-20-807; or (b) complete a landscaping improvement that is not a public landscaping improvement, as defined in Section 10-20-807. (5) A municipality may not withhold a building permit based on the lack of completion of a portion of a public sidewalk to be constructed within a public right-of-way serving a lot where a single-family or two-family residence or town home is proposed in a building permit application if an improvement completion assurance has been posted for the incomplete portion of the public sidewalk. (6) A municipality may not prohibit the construction of a single-family or two-family residence or town home, withhold recording a plat, or withhold acceptance of a public landscaping improvement, as defined in Section 10-20-807, or an infrastructure improvement based on the lack of installation of a public sidewalk if an improvement completion assurance has been posted for the public sidewalk. (7) A municipality may not redeem an improvement completion assurance securing the installation of a public sidewalk sooner than 18 months after the date the improvement completion assurance is posted. (8) A municipality shall allow an applicant to post an improvement completion assurance for a public sidewalk separate from an improvement completion assurance for: (a) another infrastructure improvement; or (b) a public landscaping improvement, as defined in Section 10-20-807. (9) A municipality may withhold a certificate of occupancy for a single-family or two-family residence or town home until the portion of the public sidewalk to be constructed within a public right-of-way and located immediately adjacent to the single-family or two-family residence or town home is completed and accepted by the municipality.
Utah Code § 10-20-808 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-808
§ 10-20-808. Exemptions from plat requirement.
Status: in_force

(1) Notwithstanding any other provision of law, a plat is not required if: (a) a municipality establishes a process to approve an administrative land use decision for a subdivision of 10 or fewer parcels without a plat; and (b) the municipality provides in writing that: (i) the municipality has provided a certificate or written approval as required by ordinance; and (ii) the proposed subdivision: (A) is not traversed by the mapped lines of a proposed street as shown in the general plan unless the municipality has approved the location and dedication of any public street, municipal utility easement, any other easement, or any other land for public purposes as the municipality's ordinance requires; (B) has been approved by the culinary water authority and the sanitary sewer authority; (C) is located in a zoned area; and (D) conforms to all applicable land use ordinances or has properly received a variance from the requirements of an otherwise conflicting and applicable land use ordinance. (2) (a) Subject to Subsection (1), a parcel resulting from a division of agricultural land is exempt from the plat requirements of Section 10-20-803 if the parcel: (i) qualifies as land in agricultural use under Section 59-2-502; (ii) meets the minimum size requirement of applicable land use ordinances; and (iii) is not used and will not be used for any nonagricultural purpose. (b) If a parcel exempted under Subsection (2)(a) is used for a nonagricultural purpose, the municipality may require the parcel to comply with the requirements of Section 10-20-803. (3) (a) Documents recorded in the county recorder's office that divide property by a metes and bounds description do not create an approved subdivision allowed by this part unless the land use authority's certificate of written approval required by Subsection (1) is attached to the document. (b) The absence of the certificate or written approval required by Subsection (1) does not: (i) prohibit the county recorder from recording a document; or (ii) affect the validity of a recorded document. (c) A document which does not meet the requirements of Subsection (1) may be corrected by the recording of an affidavit to which the required certificate or written approval is attached and that complies with Section 57-3-106. (4) (a) The boundaries of any subdivision exempted from the plat requirement under this section shall be graphically illustrated on a record of survey map that includes: (i) a legal description of the parcel to be divided; (ii) a legal description of each parcel created by the subdivision; and (iii) a citation to the specific provision of this section for which an exemption to the plat requirement is authorized. (b) The record of survey map described in Subsection (4)(a) shall be filed with the county surveyor in accordance with Section 17-73-504.
Utah Code § 10-6-103 — Utah Code / Title 10 / Chapter 10-6 / § 10-6-103
§ 10-6-103. Applicability.
Status: in_force

This chapter applies to all cities, including charter cities.
Utah Code § 10-18-202 — Utah Code / Title 10 / Chapter 10-18 / § 10-18-202
§ 10-18-202. Required steps before a municipality may provide broadband, cable television, or public telecommunications services.
Status: in_force

Before a municipality may engage or offer to engage in an activity described in Subsection 10-18-201(1), the legislative body of the municipality shall: (1) hold a preliminary public hearing; (2) if the legislative body elects to proceed after holding the preliminary public hearing required by Subsection (1), approve the hiring of a feasibility consultant to conduct a feasibility study in accordance with Section 10-18-203; (3) determine whether under the feasibility study conducted under Section 10-18-203, the average annual revenues under Subsection 10-18-203(2)(f) exceed the average annual costs under Subsection 10-18-203(2)(e) by at least the amount necessary to meet the bond obligations of any bonds issued to fund the proposed broadband service, cable television service, or public telecommunications service: (a) based on the feasibility study's analysis: (i) for the first year of the study; and (ii) the five-year projection; and (b) separately stated with respect to: (i) the proposed broadband service; (ii) the proposed cable television service; or (iii) the proposed public telecommunications service; (4) if the conditions of Subsection (3) are met, hold the public hearings required by Section 10-18-203; and (5) after holding the public hearings required by Section 10-18-203, if the legislative body of the municipality elects to proceed, adopt by resolution the feasibility study.
Utah Code § 10-8-44.5 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-44.5
§ 10-8-44.5. Prohibition against regulation of nutritional information dissemination.
Status: in_force

(1) A municipality may not regulate the dissemination of nutritional information or the content required to be placed on a menu, menu board, or food tag by a restaurant, eating establishment, or other food facility. (2) An ordinance or regulation that violates Subsection (1) is void.
Utah Code § 10-3-702.1 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-702.1
§ 10-3-702.1. Family impact consideration before enacting ordinance.
Status: in_force

(1) Except for an ordinance enacted in response to an emergency, the governing body shall, before passing an ordinance under Section 10-3-702, consider the impact the proposed ordinance may have on family health, stability, and formation. (2) Failure to comply with Subsection (1) does not: (a) invalidate an ordinance enacted by the governing body; or (b) create a cause of action against the municipality or the governing body.
Utah Code § 10-8-44 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-44
§ 10-8-44. Food stuffs -- Regulation and inspection.
Status: in_force

They may provide for and regulate the inspection of meats, fruit, poultry, fish, butter, cheese, lard, vegetables, flour, meal and all other provisions, and provide for the inspection, measurement or graduation of any merchandise, manufacture or commodity, and appoint the necessary officers therefor.
Utah Code § 10-6-144 — Utah Code / Title 10 / Chapter 10-6 / § 10-6-144
§ 10-6-144. City treasurer -- Warrants -- Order of payment.
Status: in_force

(1) In the absence of appropriate money, as set forth in Section 10-6-140, the treasurer shall pay all warrants in the order in which presented and as money becomes available for payment thereof in the appropriate funds of the city. (2) The treasurer shall note upon the back of each warrant presented the date of presentation and the date of payment.
Utah Code § 10-6-110 — Utah Code / Title 10 / Chapter 10-6 / § 10-6-110
§ 10-6-110. Budget -- Contents -- Total of revenues to equal expenditures.
Status: in_force

(1) The budget for each fund set forth in Subsection 10-6-109(1) shall provide a complete financial plan for the budget period. Each budget shall specify in tabular form: (a) estimates of all anticipated revenues, classified by the account titles prescribed in the Uniform Accounting Manual for Utah Cities; and (b) all appropriations for expenditures, classified by the account titles prescribed in the Uniform Accounting Manual for Utah Cities. (2) The total of the anticipated revenues shall equal the total of appropriated expenditures.
Utah Code § 10-5-107 — Utah Code / Title 10 / Chapter 10-5 / § 10-5-107
§ 10-5-107. Tentative budgets required for public inspection -- Contents -- Adoption of tentative budget.
Status: in_force

(1) (a) On or before the first regularly scheduled town council meeting of May, the mayor shall: (i) in accordance with Subsection (1)(b), prepare for the ensuing year a tentative budget for each fund for which a budget is required; (ii) make the tentative budget available for public inspection; and (iii) submit the tentative budget to the town council. (b) The tentative budget for each fund shall set forth in tabular form: (i) actual revenues and expenditures in the last completed fiscal year; (ii) estimated total revenues and expenditures for the current fiscal year; and (iii) the mayor's estimates of revenues and expenditures for the budget year. (2) (a) The mayor shall: (i) estimate the amount of revenue available to serve the needs of each fund; (ii) estimate the portion to be derived from all sources other than general property taxes; and (iii) estimate the portion that shall be derived from general property taxes. (b) From the estimates required by Subsection (2)(a), the mayor shall compute and disclose in the budget the lowest rate of property tax levy that will raise the required amount of revenue, calculating the levy on the latest taxable value. (3) (a) Before the public hearing required under Section 10-5-108, the town council: (i) shall review, consider, and tentatively adopt the tentative budget in any regular meeting or special meeting called for that purpose; and (ii) may amend or revise the tentative budget. (b) At the meeting at which the town council adopts the tentative budget, the council shall establish the time and place of the public hearing required under Section 10-5-108.
Utah Code § 10-20-405 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-405
§ 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.
Status: in_force

(1) (a) After completing the planning commission's recommendation for a proposed general plan, or proposal to amend the general plan, the planning commission shall schedule and hold a public hearing on the proposed plan or amendment. (b) The planning commission shall provide notice of the public hearing, as required by Section 10-20-204. (c) After the public hearing, the planning commission may modify the proposed general plan or amendment. (2) The planning commission shall forward the proposed general plan or amendment to the legislative body. (3) (a) The legislative body may adopt, reject, or make any revisions to the proposed general plan or amendment that the legislative body considers appropriate. (b) If the municipal legislative body rejects the proposed general plan or amendment, the legislative body may provide suggestions to the planning commission for the planning commission's review and recommendation. (4) The legislative body shall adopt the following elements and plans in conformity with the requirements of Section 10-20-404: (a) a land use element; (b) a transportation and traffic circulation element; (c) for a specified municipality as defined in Section 10-21-101, a moderate income housing element; and (d) except for a city of the fifth class or a town, on or before December 31, 2025, a water use and preservation element.
Utah Code § 10-2-705 — Utah Code / Title 10 / Chapter 10-2 / § 10-2-705
§ 10-2-705. Judgment -- Determination of claims.
Status: in_force

(1) The vote shall be taken and canvassed in the same manner as in other municipal elections, and return thereof made to the district court. (2) If the district court finds that a majority of the votes cast favored dissolution, a judgment shall be entered approving the dissolution of the municipality and, upon dissolution, the corporate powers of such municipality shall cease, and the court shall cause notice to be given in a manner to be prescribed by it, requiring all claims against the municipality to be filed in the court within a time fixed in the notice, not exceeding six months, and all claims not so filed shall be forever barred. (3) At the expiration of the time so fixed the court shall adjudicate claims so filed, which shall be treated as denied, and any citizen of the municipality at the time the vote was taken may appear and defend against any claim so filed, or the court may in its discretion appoint some person for that purpose.
Utah Code § 10-5-112.4 — Utah Code / Title 10 / Chapter 10-5 / § 10-5-112.4
§ 10-5-112.4. Property taxes levied for specified services -- Special revenue fund -- Limitations on expenditures.
Status: in_force

(1) A town may account separately for the revenues derived from a property tax, that is lawfully levied for a specific purpose, in accordance with this section. (2) To levy a property tax under this section, the legislative body of the town that levies the property tax shall indicate through ordinance: (a) that the town levies the tax under this section; and (b) the specific service for which the town levies the tax. (3) A property tax levied under this section is subject to the maximum rate a town may levy for property taxes under Section 10-5-112. (4) (a) A town that collects a property tax under this section shall: (i) create a special revenue fund to hold the revenues collected under this section; and (ii) deposit revenues collected from that tax into the special revenue fund described in Subsection (4)(a)(i). (b) A town may only expend revenues from a special revenue fund described in Subsection (4)(a) for a purpose that is solely related to the provision of the service described in Subsection (2)(b) for which the town created the special revenue fund. (5) Except as provided in Subsections (2) and (4), a town that levies a property tax under this section shall: (a) levy and collect the tax in accordance with Title 59, Chapter 2, Property Tax Act; (b) account for revenues derived from the tax in accordance with this chapter; and (c) levy and collect and account for revenues derived from the tax in the same general manner as for the town's other property taxes.
Utah Code § 10-20-1105 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-1105
§ 10-20-1105. Burden of proof.
Status: in_force

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 is an adversely affected party, the appellant has the burden of proving that the land use authority's land use decision is illegal, or that the factual findings are clearly erroneous.
Utah Code § 10-8-85 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-85
§ 10-8-85. Prison labor and fines.
Status: in_force

They may provide by ordinance that any person committed to the county or municipal jail or other place of incarceration as a punishment or in default of the payment of a fine, or fine and costs, shall be required to work for the city at such labor as the person's strength will permit not exceeding eight hours in each working day; and that a judgment that the defendant pay a fine or a fine and costs may also direct that the defendant be imprisoned until the amount thereof is satisfied, specifying the extent of imprisonment which cannot exceed one day for each $2 of such amount.
Utah Code § 10-21-201 — Utah Code / Title 10 / Chapter 10-21 / § 10-21-201
§ 10-21-201. Moderate income housing plan required.
Status: in_force

7/1/2026 (1) A moderate income housing element of a general plan shall include a moderate income housing plan that meets the requirements of this section. (2) A moderate income housing plan: (a) shall provide a realistic opportunity to meet the need for additional moderate income housing within the municipality during the next five years; (b) for a municipality that is not a specified municipality, may include a recommendation to implement three or more of the moderate income housing strategies described in Subsection (3)(a)(iii); (c) for a specified municipality that does not have a fixed guideway public transit station, shall include a recommendation to implement three or more of the moderate income housing strategies described in Subsection (3)(a)(iii) or at least one of the moderate income housing strategies described in Subsections (3)(a)(iii)(X) through (CC); (d) for a specified municipality that has a fixed guideway public transit station, shall include: (i) a recommendation to implement five or more of the moderate income housing strategies described in Subsection (3)(a)(iii), of which one shall be the moderate income housing strategy described in Subsection (3)(a)(iii)(U) and one shall be a moderate income housing strategy described in Subsection (3)(a)(iii)(G) or (H); or (ii) a recommendation to implement the moderate income housing strategy described in Subsection (3)(a)(iii)(U), one of the moderate income housing strategies described in Subsections (3)(a)(iii)(X) through (CC), and one moderate income housing strategy described in Subsection (3)(a)(iii); and (e) for a specified municipality shall include an implementation plan as provided in Subsection (4). (3) (a) In drafting the moderate income housing element, the planning commission: (i) shall consider the Legislature's determination that municipalities shall facilitate a reasonable opportunity for a variety of housing, including moderate income housing: (A) to meet the needs of people of various income levels living, working, or desiring to live or work in the community; and (B) to allow people with various incomes to benefit from and fully participate in all aspects of neighborhood and community life; (ii) for a municipality that is not a specified municipality, may include, and for a specified municipality shall include, an analysis of how the municipality will provide a realistic opportunity for the development of moderate income housing within the next five years; and (iii) for a municipality that is not a specified municipality, may include, and for a specified municipality shall include, a recommendation to implement the required number of any of the following moderate income housing strategies as specified in Subsection (2): (A) rezone for densities necessary to facilitate the production of moderate income housing; (B) demonstrate investment in the rehabilitation or expansion of infrastructure that facilitates the construction of moderate income housing; (C) demonstrate investment in the rehabilitation of existing uninhabitable housing stock into moderate income housing; (D) identify and utilize general fund subsidies or other sources of revenue to waive construction related fees that are otherwise generally imposed by the municipality for the construction or rehabilitation of moderate income housing; (E) create or allow for, and reduce regulations related to, internal or detached accessory dwelling units in residential zones; (F) zone or rezone for higher density or moderate income residential development in commercial or mixed-use zones near major transit investment corridors, commercial centers, or employment centers; (G) amend land use regulations to allow for higher density or new moderate income residential development in commercial or mixed-use zones near major transit investment corridors; (H) amend land use regulations to eliminate or reduce parking requirements for residential development where a resident is less likely to rely on the resident's own vehicle, such as residential development near major transit investment corridors or senior living facilities; (I) amend land use regulations to allow for single room occupancy developments; (J) implement zoning incentives for moderate income units in new developments; (K) preserve existing and new moderate income housing and subsidized units by utilizing a landlord incentive program, providing for deed restricted units through a grant program or establishing a housing loss mitigation fund; (L) reduce, waive, or eliminate impact fees related to moderate income housing; (M) demonstrate creation of, or participation in, a community land trust program for moderate income housing; (N) implement a mortgage assistance program for employees of the municipality, an employer that provides contracted services to the municipality, or any other public employer that operates within the municipality; (O) apply for or partner with an entity that applies for state or federal funds or tax incentives to promote the construction of moderate income housing, an entity that applies for programs offered by the Utah Housing Corporation within the Utah Housing Corporation's funding capacity, an entity that applies for affordable housing programs administered by the Division of Housing and Community Development within the Governor's Office of Economic Development, an entity that applies for affordable housing programs administered by an association of governments established by an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, an entity that applies for services provided by a public housing authority to preserve and create moderate income housing, or any other entity that applies for programs or services that promote the construction or preservation of moderate income housing; (P) demonstrate utilization of a moderate income housing set aside from a community reinvestment agency, redevelopment agency, or community development and renewal agency to create or subsidize moderate income housing; (Q) eliminate impact fees for any accessory dwelling unit that is not an internal accessory dwelling unit as defined in Section 10-21-101; (R) create a program to transfer development rights for moderate income housing; (S) ratify a joint acquisition agreement with another local political subdivision for the purpose of combining resources to acquire property for moderate income housing; (T) develop a moderate income housing project for residents who are disabled or 55 years old or older; (U) develop and adopt a station area plan in accordance with Section 63N-23-104; (V) create or allow for, and reduce regulations related to, multifamily residential dwellings compatible in scale and form with detached single-family residential dwellings and located in walkable communities within residential or mixed-use zones; (W) demonstrate implementation of any other program or strategy to address the housing needs of residents of the municipality who earn less than 80% of the area median income, including the dedication of a local funding source to moderate income housing or the adoption of a land use ordinance that requires 10% or more of new residential development in a residential zone be dedicated to moderate income housing; (X) create a housing and transit reinvestment zone in accordance with Title 63N, Chapter 23, Part 2, Housing and Transit Reinvestment Zone; (Y) create a home ownership promotion zone in accordance with Title 63N, Chapter 23, Part 5, Home Ownership Promotion Zone for Municipalities; (Z) create a first home investment zone in accordance with Title 63N, Chapter 23, Part 7, First Home Investment Zone; (AA) approve a project that receives funding from, or qualifies to receive funding from, the Utah Homes Investment Program created in Title 51, Chapter 12, Utah Homes Investment Program; (BB) adopt or approve a qualifying affordable home ownership density bonus for single-family residential units, as described in Section 10-21-401; and (CC) adopt or approve a qualifying affordable home ownership density bonus for multi-family residential units, as described in Section 10-21-402; and (b) the planning commission shall identify each moderate income housing strategy recommended to the legislative body for implementation by restating the exact language used to describe the strategy in Subsection (3)(a)(iii). (4) (a) In drafting the implementation plan portion of the moderate income housing element as described in Subsection (2)(c), the planning commission shall recommend to the legislative body the establishment of a five-year timeline for implementing each of the moderate income housing strategies selected by the municipality for implementation. (b) The timeline described in Subsection (4)(a) shall: (i) identify specific measures and benchmarks for implementing each moderate income housing strategy selected by the municipality, whether one-time or ongoing; and (ii) provide flexibility for the municipality to make adjustments as needed.7/1/2026 (1) A moderate income housing element of a general plan shall include a moderate income housing plan that meets the requirements of this section. (2) A moderate income housing plan: (a) shall provide a realistic opportunity to meet the need for additional moderate income housing within the municipality during the next five years; (b) for a municipality that is not a specified municipality, may include a recommendation to implement three or more of the moderate income housing strategies described in Subsection (3)(a)(iii); (c) for a specified municipality that does not have a fixed guideway public transit station, shall include a recommendation to implement three or more of the moderate income housing strategies described in Subsection (3)(a)(iii) or at least one of the moderate income housing strategies described in Subsections (3)(a)(iii)(X) through (CC); (d) for a specified municipality that has a fixed guideway public transit station, shall include: (i) a recommendation to implement five or more of the moderate income housing strategies described in Subsection (3)(a)(iii), of which one shall be the moderate income housing strategy described in Subsection (3)(a)(iii)(U) and one shall be a moderate income housing strategy described in Subsection (3)(a)(iii)(G) or (H); or (ii) a recommendation to implement the moderate income housing strategy described in Subsection (3)(a)(iii)(U), one of the moderate income housing strategies described in Subsections (3)(a)(iii)(X) through (CC), and one moderate income housing strategy described in Subsection (3)(a)(iii); and (e) for a specified municipality shall include an implementation plan as provided in Subsection (4). (3) (a) In drafting the moderate income housing element, the planning commission: (i) shall consider the Legislature's determination that municipalities shall facilitate a reasonable opportunity for a variety of housing, including moderate income housing: (A) to meet the needs of people of various income levels living, working, or desiring to live or work in the community; and (B) to allow people with various incomes to benefit from and fully participate in all aspects of neighborhood and community life; (ii) for a municipality that is not a specified municipality, may include, and for a specified municipality shall include, an analysis of how the municipality will provide a realistic opportunity for the development of moderate income housing within the next five years; and (iii) for a municipality that is not a specified municipality, may include, and for a specified municipality shall include, a recommendation to implement the required number of any of the following moderate income housing strategies as specified in Subsection (2): (A) rezone for densities necessary to facilitate the production of moderate income housing; (B) demonstrate investment in the rehabilitation or expansion of infrastructure that facilitates the construction of moderate income housing; (C) demonstrate investment in the rehabilitation of existing uninhabitable housing stock into moderate income housing; (D) identify and utilize general fund subsidies or other sources of revenue to waive construction related fees that are otherwise generally imposed by the municipality for the construction or rehabilitation of moderate income housing; (E) create or allow for, and reduce regulations related to, internal or detached accessory dwelling units in residential zones; (F) zone or rezone for higher density or moderate income residential development in commercial or mixed-use zones near major transit investment corridors, commercial centers, or employment centers; (G) amend land use regulations to allow for higher density or new moderate income residential development in commercial or mixed-use zones near major transit investment corridors; (H) amend land use regulations to eliminate or reduce parking requirements for residential development where a resident is less likely to rely on the resident's own vehicle, such as residential development near major transit investment corridors or senior living facilities; (I) amend land use regulations to allow for single room occupancy developments; (J) implement zoning incentives for moderate income units in new developments; (K) preserve existing and new moderate income housing and subsidized units by utilizing a landlord incentive program, providing for deed restricted units through a grant program or establishing a housing loss mitigation fund; (L) reduce, waive, or eliminate impact fees related to moderate income housing; (M) demonstrate creation of, or participation in, a community land trust program for moderate income housing; (N) implement a mortgage assistance program for employees of the municipality, an employer that provides contracted services to the municipality, or any other public employer that operates within the municipality; (O) apply for or partner with an entity that applies for state or federal funds or tax incentives to promote the construction of moderate income housing, an entity that applies for programs offered by the Utah Housing Corporation within the Utah Housing Corporation's funding capacity, an entity that applies for affordable housing programs administered by the Division of Housing and Community Development within the Governor's Office of Economic Development, an entity that applies for affordable housing programs administered by an association of governments established by an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, an entity that applies for services provided by a public housing authority to preserve and create moderate income housing, or any other entity that applies for programs or services that promote the construction or preservation of moderate income housing; (P) demonstrate utilization of a moderate income housing set aside from a community reinvestment agency, redevelopment agency, or community development and renewal agency to create or subsidize moderate income housing; (Q) eliminate impact fees for any accessory dwelling unit that is not an internal accessory dwelling unit as defined in Section 10-21-101; (R) create a program to transfer development rights for moderate income housing; (S) ratify a joint acquisition agreement with another local political subdivision for the purpose of combining resources to acquire property for moderate income housing; (T) develop a moderate income housing project for residents who are disabled or 55 years old or older; (U) develop and adopt a station area plan in accordance with Section 63N-23-104; (V) create or allow for, and reduce regulations related to, multifamily residential dwellings compatible in scale and form with detached single-family residential dwellings and located in walkable communities within residential or mixed-use zones; (W) demonstrate implementation of any other program or strategy to address the housing needs of residents of the municipality who earn less than 80% of the area median income, including the dedication of a local funding source to moderate income housing or the adoption of a land use ordinance that requires 10% or more of new residential development in a residential zone be dedicated to moderate income housing; (X) create a housing and transit reinvestment zone in accordance with Title 63N, Chapter 23, Part 2, Housing and Transit Reinvestment Zone; (Y) create a home ownership promotion zone in accordance with Title 63N, Chapter 23, Part 5, Home Ownership Promotion Zone for Municipalities; (Z) create a first home investment zone in accordance with Title 63N, Chapter 23, Part 7, First Home Investment Zone; (AA) approve a project that receives funding from, or qualifies to receive funding from, the Utah Homes Investment Program created in Title 51, Chapter 12, Utah Homes Investment Program; (BB) adopt or approve a qualifying affordable home ownership density bonus for single-family residential units, as described in Section 10-21-401; and (CC) adopt or approve a qualifying affordable home ownership density bonus for multi-family residential units, as described in Section 10-21-402; and (b) the planning commission shall identify each moderate income housing strategy recommended to the legislative body for implementation by restating the exact language used to describe the strategy in Subsection (3)(a)(iii). (4) (a) In drafting the implementation plan portion of the moderate income housing element as described in Subsection (2)(c), the planning commission shall recommend to the legislative body the establishment of a five-year timeline for implementing each of the moderate income housing strategies selected by the municipality for implementation. (b) The timeline described in Subsection (4)(a) shall: (i) identify specific measures and benchmarks for implementing each moderate income housing strategy selected by the municipality, whether one-time or ongoing; and (ii) provide flexibility for the municipality to make adjustments as needed.
Utah Code § 10-6-112 — Utah Code / Title 10 / Chapter 10-6 / § 10-6-112
§ 10-6-112. Tentative budget and data -- Availability for public inspection.
Status: in_force

Each tentative budget adopted by the governing body and all supporting schedules and data shall be a public record in the office of the city auditor or the city recorder, available for public inspection for a period of at least 10 days prior to the adoption of a final budget, as hereinafter provided.
Utah Code § 10-20-901 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-901
§ 10-20-901. Land use authority requirements -- Nature of land use decision.
Status: in_force

(1) A land use authority shall apply the plain language of land use regulations. (2) If a land use regulation does not plainly restrict a land use application, the land use authority shall interpret and apply the land use regulation to favor the land use application. (3) A land use decision of a land use authority is an administrative act, even if the land use authority is the legislative body.
Utah Code § 10-20-213 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-213
§ 10-20-213. Hearing and notice procedures for modifying sign regulations.
Status: in_force

(1) (a) 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 defined in Section 72-7-504.6, or within any planned unit development, a municipality shall give written notice of the proposed illuminated sign to: (i) each property owner within a 500 foot radius of the sign site; (ii) a municipality or county within a 500 foot radius of the sign site; and (iii) any outdoor advertising permit holder described in Subsection 72-7-506(2)(b). (b) The notice described in Subsection (1)(a) shall include the schedule of public meetings at which the proposed changes to land use regulations or land use application will be discussed. (2) A municipality shall require the property owner or applicant to commence in good faith the construction of the commercial or industrial development within one year after the installation of the illuminated sign.
Utah Code § 10-8-13 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-13
§ 10-8-13. Conduits, drains, etc.
Status: in_force

They may regulate the opening and use of streets, alleys, sidewalks, crosswalks and public grounds for the laying of gas or water mains and of conduits and pipes, and the building and repairing of sewers, tunnels, conduits and drains.
Utah Code § 10-3-1106 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-1106
§ 10-3-1106. Discharge, suspension without pay, or involuntary transfer -- Appeals -- Board -- Procedure.
Status: in_force

(1) (a) An employee to which Section 10-3-1105 applies may not be discharged, suspended without pay, or involuntarily transferred to a position with less remuneration: (i) because of the employee's politics or religious belief; or (ii) incident to, or through changes, either in the elective officers, governing body, or heads of departments. (b) Before an employee who is a law enforcement officer, as that term is defined in Section 53-13-103, to which Subsection 10-3-1105(1)(a) applies may be discharged, suspended without pay for more than two days, or involuntarily transferred to a position with less remuneration due to disciplinary reasons, the law enforcement officer's employing agency shall, at a minimum: (i) notify the law enforcement officer of the allegations of wrongdoing that the employing agency believes may support a disciplinary action of discharge, suspension of more than two days without pay, or involuntary transfer to a position with less remuneration due to disciplinary reasons; (ii) give the law enforcement officer no less than two business days after the day on which the notification described in Subsection (1)(b)(i) is provided to submit a written reply to the agency head or the agency head's designated representative; (iii) have the agency head, or the agency head's designated representative, consider any written reply submitted by the law enforcement officer; and (iv) give the law enforcement officer an opportunity to be heard by the agency head or the agency head's designated representative. (c) The provisions of Subsection (1)(b) do not limit or alter the rights under this part of: (i) an employee to which Section 10-3-1105 applies who is not a law enforcement officer; or (ii) a law enforcement officer in a municipality that provides, by adopted policy, procedures that are more protective for the law enforcement officer than the procedures described in Subsection (1)(b). (2) (a) If, after the requirements of Subsections (1)(a) and (b) have been met, an employee other than an employee described in Subsection 10-3-1105(2), is discharged, suspended for more than two days without pay, or involuntarily transferred from one position to another with less remuneration for any disciplinary reason, the employee may, subject to Subsection (2)(b), appeal the final decision to discharge, suspend without pay, or involuntarily transfer to an appeal board or hearing officer established under Subsection (7). (b) If the municipality provides an internal grievance procedure, the employee shall exhaust the employee's rights under that grievance procedure before appealing to the appeal board or hearing officer. (3) (a) Each appeal under Subsection (2) shall be taken by filing written notice of the appeal with the municipal recorder in accordance with procedures established by a municipality within 10 calendar days after: (i) if the municipality provides an internal grievance procedure, the employee receives notice of the final disposition of the municipality's internal grievance procedure; or (ii) if the municipality does not provide an internal grievance procedure, the discharge, suspension, or involuntary transfer. (b) (i) Upon the filing of an appeal under Subsection (3)(a), the municipal recorder shall refer a copy of a properly filed appeal to the appeal board or hearing officer described in Subsection (7). (ii) Upon receipt of the referral from the municipal recorder, the appeal board or hearing officer shall schedule a hearing to take and receive evidence and fully hear and determine the matter which relates to the reason for the discharge, suspension, or transfer. (4) (a) An employee who is the subject of the discharge, suspension, or transfer may: (i) appear in person and be represented by counsel; (ii) have a hearing open to the public; (iii) confront the witness whose testimony is to be considered; and (iv) examine the evidence to be considered by the appeal board. (b) An employee or the municipality may request the hearing described in Subsection (4)(a)(ii). (5) (a) (i) A decision of the appeal board shall be by secret ballot. (ii) The appeal board or the hearing officer shall certify a decision by the appeal board or hearing officer, respectively, with the recorder no later than 15 days after the day on which the hearing is held, except as provided in Subsection (5)(a)(iii). (iii) For good cause, the appeal board or hearing officer may extend the 15-day period under Subsection (5)(a)(ii) to a maximum of 60 calendar days, if the employee and municipality both consent. (b) If the appeal board or hearing officer finds in favor of the employee, the appeal board or hearing officer shall provide that the employee shall receive: (i) the employee's salary for the period of time during which the employee is discharged or suspended without pay less any amounts the employee earned from other employment during this period of time; or (ii) any deficiency in salary for the period during which the employee was transferred to a position of less remuneration. (6) (a) A final action or order of the appeal board or hearing officer may be reviewed by the Court of Appeals by filing with that court a petition for review. (b) A petition under Subsection (6)(a) shall be filed within 30 days after the issuance of the final action or order of the appeal board or hearing officer. (c) The Court of Appeals' review shall be: (i) on the record of the appeal board or hearing officer; and (ii) for the purpose of determining if the appeal board or hearing officer abused its discretion or exceeded its authority. (7) (a) The method and manner of choosing a hearing officer or the members of the appeal board, the number of members, the designation of a hearing officer's or appeal board member's term of office, and the procedure for conducting an appeal and the standard of review shall be prescribed by the governing body of each municipality by ordinance. (b) For a municipality operating under a form of government other than a council-mayor form under Chapter 3b, Part 2, Council-Mayor Form of Municipal Government, an ordinance adopted under Subsection (7)(a) may provide that the governing body of the municipality shall serve as the appeal board. (8) This section does not apply to an employee: (a) described in Subsection 10-3-1105(2); or (b) discharged or transferred to a position with less remuneration if the discharge or transfer is the result of a layoff, reorganization, or other non-disciplinary reason.
Utah Code § 10-20-404 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-404
§ 10-20-404. General plan preparation.
Status: in_force

(1) (a) The planning commission shall provide notice, as provided in Section 10-20-203, 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 planning commission initiates the process of preparing the planning commission's recommendation. (b) The planning commission shall make and recommend to the legislative body a proposed general plan for the area within the municipality. (c) The plan may include areas outside the boundaries of the municipality if, in the planning commission's judgment, those areas are related to the planning of the municipality's territory. (d) Except as otherwise provided by law or with respect to a municipality's power of eminent domain, when the plan of a municipality involves territory outside the boundaries of the municipality, the municipality may not take action affecting that territory without the concurrence of the county or other municipalities affected. (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts, and descriptive and explanatory matter, shall include the planning commission's recommendations for the following plan elements: (i) a land use element that: (A) designates the long-term goals and the proposed extent, general distribution, and location of land for housing for residents of various income levels, business, industry, agriculture, recreation, education, public buildings and grounds, open space, and other categories of public and private uses of land as appropriate; (B) includes a statement of the projections for and standards of population density and building intensity recommended for the various land use categories covered by the plan; (C) except for a city of the fifth class or a town, is coordinated to integrate the land use element with the water use and preservation element; and (D) except for a city of the fifth class or a town, accounts for the effect of land use categories and land uses on water demand; (ii) a transportation and traffic circulation element that: (A) provides the general location and extent of existing and proposed freeways, arterial and collector streets, public transit, active transportation facilities, and other modes of transportation that the planning commission considers appropriate; (B) for a municipality that has access to a major transit investment corridor, addresses the municipality's plan for residential and commercial development around major transit investment corridors to maintain and improve the connections between housing, employment, education, recreation, and commerce; (C) for a municipality that does not have access to a major transit investment corridor, addresses the municipality's plan for residential and commercial development in areas that will maintain and improve the connections between housing, transportation, employment, education, recreation, and commerce; and (D) correlates with the population projections, the employment projections, and the proposed land use element of the general plan; (iii) a moderate income housing element that meets the requirements of Section 10-21-201; and (iv) except for a city of the fifth class or a town, a water use and preservation element that addresses: (A) the effect of permitted development or patterns of development on water demand and water infrastructure; (B) methods of reducing water demand and per capita consumption for future development; (C) methods of reducing water demand and per capita consumption for existing development; and (D) opportunities for the municipality to modify the municipality's operations to eliminate practices or conditions that waste water. (b) In drafting the land use element, the planning commission shall: (i) identify and consider each agriculture protection area within the municipality; (ii) avoid proposing a use of land within an agriculture protection area that is inconsistent with or detrimental to the use of the land for agriculture; and (iii) consider and coordinate with any station area plans adopted by the municipality if required under Section 63N-23-104. (c) In drafting the transportation and traffic circulation element, the planning commission shall: (i) (A) consider and coordinate with the regional transportation plan developed by the municipality's region's metropolitan planning organization, if the municipality is within the boundaries of a metropolitan planning organization; or (B) consider and coordinate with the long-range transportation plan developed by the Department of Transportation, if the municipality is not within the boundaries of a metropolitan planning organization; and (ii) consider and coordinate with any station area plans adopted by the municipality if required under Section 63N-23-104. (d) In drafting the water use and preservation element, the planning commission: (i) shall consider: (A) applicable regional water conservation goals recommended by the Division of Water Resources; and (B) if Section 73-10-32 requires the municipality to adopt a water conservation plan in accordance with Section 73-10-32, the municipality's water conservation plan; (ii) shall include a recommendation for: (A) water conservation policies to be determined by the municipality; and (B) landscaping options within a public street for current and future development that do not require the use of lawn or turf in a parkstrip; (iii) shall review the municipality's land use ordinances and include a recommendation for changes to an ordinance that promotes the inefficient use of water; (iv) shall consider principles of sustainable landscaping, including the: (A) reduction or limitation of the use of lawn or turf; (B) promotion of site-specific landscape design that decreases stormwater runoff or runoff of water used for irrigation; (C) preservation and use of healthy trees that have a reasonable water requirement or are resistant to dry soil conditions; (D) elimination or regulation of ponds, pools, and other features that promote unnecessary water evaporation; (E) reduction of yard waste; and (F) use of an irrigation system, including drip irrigation, best adapted to provide the optimal amount of water to the plants being irrigated; (v) shall consult with the public water system or systems serving the municipality with drinking water regarding how implementation of the land use element and water use and preservation element may affect: (A) water supply planning, including drinking water source and storage capacity consistent with Section 19-4-114; and (B) water distribution planning, including master plans, infrastructure asset management programs and plans, infrastructure replacement plans, and impact fee facilities plans; (vi) shall consult with the Division of Water Resources for information and technical resources regarding regional water conservation goals, including how implementation of the land use element and the water use and preservation element may affect the Great Salt Lake; (vii) may include recommendations for additional water demand reduction strategies, including: (A) creating a water budget associated with a particular type of development; (B) adopting new or modified lot size, configuration, and landscaping standards that will reduce water demand for new single family development; (C) providing one or more water reduction incentives for existing development such as modification of existing landscapes and irrigation systems and installation of water fixtures or systems that minimize water demand; (D) discouraging incentives for economic development activities that do not adequately account for water use or do not include strategies for reducing water demand; and (E) adopting water concurrency standards requiring that adequate water supplies and facilities are or will be in place for new development; and (viii) for a town, may include, and for another municipality, shall include, a recommendation for low water use landscaping standards for a new: (A) commercial, industrial, or institutional development; (B) common interest community, as defined in Section 57-25-102; or (C) multifamily housing project. (3) The proposed general plan may include: (a) an environmental element that addresses: (i) the protection, conservation, development, and use of natural resources, including the quality of: (A) air; (B) forests; (C) soils; (D) rivers; (E) groundwater and other waters; (F) harbors; (G) fisheries; (H) wildlife; (I) minerals; and (J) other natural resources; and (ii) (A) the reclamation of land, flood control, prevention and control of the pollution of streams and other waters; (B) the regulation of the use of land on hillsides, stream channels and other environmentally sensitive areas; (C) the prevention, control, and correction of the erosion of soils; (D) the preservation and enhancement of watersheds and wetlands; and (E) the mapping of known geologic hazards; (b) a public services and facilities element showing general plans for sewage, water, waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them, police and fire protection, and other public services; (c) a rehabilitation, redevelopment, and conservation element consisting of plans and programs for: (i) historic preservation; (ii) the diminution or elimination of a development impediment as defined in Section 17C-1-102; and (iii) redevelopment of land, including housing sites, business and industrial sites, and public building sites; (d) an economic element composed of appropriate studies and forecasts, as well as an economic development plan, which may include review of existing and projected municipal revenue and expenditures, revenue sources, identification of basic and secondary industry, primary and secondary market areas, employment, and retail sales activity; (e) recommendations for implementing all or any portion of the general plan, including the adoption of land and water use ordinances, capital improvement plans, community development and promotion, and any other appropriate action; (f) provisions addressing any of the matters listed in Subsection 10-20-401(2) or Section 10-20-403; and (g) any other element the municipality considers appropriate.
Utah Code § 10-7-30 — Utah Code / Title 10 / Chapter 10-7 / § 10-7-30
§ 10-7-30. Failure to pay for repairs -- Lien on company's property.
Status: in_force

(1) In the event of the refusal of any company to pave, repave, or repair as required in this section when so directed, upon the paving or repaving of any street upon which the company's track is laid, the municipality may: (a) pave, repave, or repair the street; and (b) collect the cost and expense of the paving, repaving, or repairing by levy and sale of any property of the company in the same manner as special taxes are collected. (2) The municipality may levy special taxes, for the purpose described in Subsection (1)(b) or repairing of the railway, upon: (a) all as one property: (i) the track, including the ties, iron, roadbed, right of way, sidetracks, and appurtenances; and (ii) buildings and real estate belonging to the company and used for the purpose of the railway business; or (b) the parts of the track, appurtenances, and property as may be within the district paved, repaved, macadamized, or repaired. (3) (a) The municipality may record the levied special taxes described in Subsection (2) as a political subdivision lien, as that term is defined in Section 11-60-102, upon the levied property, in accordance with Title 11, Chapter 60, Political Subdivision Lien Authority. (b) Any mortgage, conveyance, pledge, transfer, or encumbrance of the property or of any rolling stock or personal property of the company that the company creates or suffers is subject to the lien. (c) If the lien amount is not paid in full in a given year: (i) by September 15, the municipality shall certify any unpaid amount to the treasurer of the county in which the liened property is located; and (ii) the county treasurer shall include the certified amount on the property tax notice required by Section 59-2-1317 for that year.
Utah Code § 10-8-2.5 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-2.5
§ 10-8-2.5. Prohibition against spending certain transportation funds.
Status: in_force

(1) As used in this section: (a) "Apportioned" means divided or assigned among the states based on a prescribed formula established in 23 U.S.C. (b) "Authorization act" means an act of Congress enacted after July 1, 2009 that authorizes transportation programs from the Highway Trust Fund established in 26 U.S.C. Sec. 9503. (2) A municipality may not spend project-specific funds that are allocated through an authorization act for a transportation-related project that is eligible for funds apportioned to the state in support of the statewide transportation improvement program unless the specified project is included on the statewide transportation improvement program.
Utah Code § 10-8-50 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-50
§ 10-8-50. Disturbing the peace -- Public intoxication -- Fighting -- Obscene language -- Disorderly conduct -- Lewd behavior -- Interference with officers -- Trespass.
Status: in_force

(1) Boards of commissioners and city councils of cities may provide for the punishment of any person or persons for: (a) disturbing the peace or good order of the city; (b) disturbing the peace of any person or persons; (c) disturbing any lawful assembly; (d) public intoxication; (e) challenging, encouraging, or engaging in fighting; (f) using obscene or profane language in a place or under circumstances which could cause a breach of the peace or good order of the city; (g) engaging in indecent or disorderly conduct; (h) engaging in lewd or lascivious behavior or conduct in the city; and (i) interfering with any city officer in the discharge of the officer's duty. (2) Boards of commissioners and city councils of cities may provide for the punishment of trespass and such other petty offenses as the board of commissioners or city council may consider proper. (3) (a) A woman's breast feeding, including breast feeding in any location where she otherwise may rightfully be, does not under any circumstance constitute a lewd or indecent act, irrespective of whether or not the breast is covered during or incidental to feeding. (b) Boards of commissioners and city councils of cities may not prohibit a woman's breast feeding in any location where she otherwise may rightfully be, irrespective of whether the breast is uncovered during or incidental to the breast feeding.
Utah Code § 10-8-89 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-89
§ 10-8-89. Damage to abutting property -- Liability of city.
Status: in_force

Whenever by the grading of any street, alley or other public ground in a city, pursuant to the action of the city authorities in changing the established grade of such street, alley or public ground, after valuable improvements have been made upon real property abutting thereon such real property is injured or diminished in value, the owner of such real property or improvements may recover from such city the amount of such damages or diminution in value in a civil action brought for that purpose.