reglab/housing_qa huggingface dataset:
UT Code § 17-27a-528 (2021)
2021 Utah Code|Title 17 - Counties|Chapter 27a - County Land Use, Development, and Management Act|Part 5 - Land Use Regulations|Section 528 - Development agreements.

 Effective 5/5/2021  17-27a-528. Development agreements.    (1) Subject to Subsection (2), a county may enter into a development agreement containing any term that the county considers necessary or appropriate to accomplish the purposes of this chapter.     (2)   (a) A development agreement may not:   (i) limit a county's authority in the future to:   (A) enact a land use regulation; or     (B) take any action allowed under Section 17-53-223;       (ii) require a county to change the zoning designation of an area of land within the county in the future; or     (iii) contain a term that conflicts with, or is different from, a standard set forth in an existing land use regulation that governs the area subject to the development agreement, unless the legislative body approves the development agreement in accordance with the same procedures for enacting a land use regulation under Section 17-27a-502, including a review and recommendation from the planning commission and a public hearing.       (b) A development agreement that requires the implementation of an existing land use regulation as an administrative act does not require a legislative body's approval under Section 17-27a-502.     (c) A county may not require a development agreement as the only option for developing land within the county.     (d) To the extent that a development agreement does not specifically address a matter or concern related to land use or development, the matter or concern is governed by:   (i) this chapter; and     (ii) any applicable land use regulations.        Enacted by Chapter 385, 2021 General Session  Technically renumbered to avoid duplication of section number also enacted in HB82, Chapter 102, and HB17, Chapter 15.
UT Code § 17-27a-529 (2021)
2021 Utah Code|Title 17 - Counties|Chapter 27a - County Land Use, Development, and Management Act|Part 5 - Land Use Regulations|Section 529 - Infrastructure improvements involving roadways.

 Effective 5/5/2021  17-27a-529. Infrastructure improvements involving roadways.    (1) As used in this section:   (a) "Low impact development" means the same as that term is defined in Section 19-5-108.5.     (b)   (i) "Pavement" means the bituminous or concrete surface of a roadway.     (ii) "Pavement" does not include a curb or gutter.       (c) "Residential street" means a public or private roadway that:   (i) currently serves or is projected to serve an area designated primarily for single-family residential use;     (ii) requires at least two off-site parking spaces for each single-family residential property abutting the roadway; and     (iii) has or is projected to have, on average, traffic of no more than 1,000 trips per day, based on findings contained in:   (A) a traffic impact study;     (B) the county's general plan under Section 17-27a-401;     (C) an adopted phasing plan; or     (D) a written plan or report on current or projected traffic usage.           (2)   (a) Except as provided in Subsection (2)(b), a county may not, as part of an infrastructure improvement, require the installation of pavement on a residential street at a width in excess of 32 feet if the county requires low impact development for the area in which the residential street is located.     (b) Subsection (2)(a) does not apply if a county requires the installation of pavement:   (i) in a vehicle turnaround area; or     (ii) to address specific traffic flow constraints at an intersection or other area.         (3)   (a) A county shall, by ordinance, establish any standards that the county requires, as part of an infrastructure improvement, for fire department vehicle access and turnaround on roadways.     (b) The county shall ensure that the standards established under Subsection (3)(a) are consistent with the State Fire Code as defined in Section 15A-1-102.      Enacted by Chapter 385, 2021 General Session
UT Code § 17-27a-530 (2021)
2021 Utah Code|Title 17 - Counties|Chapter 27a - County Land Use, Development, and Management Act|Part 5 - Land Use Regulations|Section 530 - Regulation of building design elements prohibited -- Exceptions.

 Effective 5/28/2021  17-27a-530. Regulation of building design elements prohibited -- Exceptions.    (1) As used in this section, "building design element" means:   (a) exterior color;     (b) type or style of exterior cladding material;     (c) style, dimensions, or materials of a roof structure, roof pitch, or porch;     (d) exterior nonstructural architectural ornamentation;     (e) location, design, placement, or architectural styling of a window or door;     (f) location, design, placement, or architectural styling of a garage door, not including a rear-loading garage door;     (g) number or type of rooms;     (h) interior layout of a room;     (i) minimum square footage over 1,000 square feet, not including a garage;     (j) rear yard landscaping requirements;     (k) minimum building dimensions; or     (l) a requirement to install front yard fencing.       (2) Except as provided in Subsection (3), a county may not impose a requirement for a building design element on a one to 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 9-8-402; or     (iii) a local historic district or area, or a site designated as a local landmark, created by ordinance before January 1, 2021;       (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; or       (h) a land use regulation, including a planned unit development or overlay zone, that a property owner requests:   (i) the county 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.        Enacted by Chapter 3, 2021 Special Session 1
UT Code § 17-27a-601 (2021)
2021 Utah Code|Title 17 - Counties|Chapter 27a - County Land Use, Development, and Management Act|Part 6 - Subdivisions|Section 601 - Enactment of subdivision ordinance.

 Effective 5/5/2021  17-27a-601. Enactment of subdivision ordinance.    (1) The legislative body of a county may enact ordinances requiring that a subdivision plat comply with the provisions of the county's ordinances and this part before:   (a) the subdivision plat may be filed and recorded in the county recorder's office; and     (b) lots may be sold.       (2) If the legislative body fails to enact a subdivision ordinance, the county may regulate subdivisions only as provided in this part.     (3) The joining of a lot or lots to a parcel does not constitute a subdivision as to the parcel or subject the parcel to the county's subdivision ordinance.    Amended by Chapter 385, 2021 General Session
UT Code § 17-27a-602 (2021)
2021 Utah Code|Title 17 - Counties|Chapter 27a - County Land Use, Development, and Management Act|Part 6 - Subdivisions|Section 602 - Planning commission preparation and recommendation of subdivision ordinance -- Adoption or rejection by legislative body.

 Effective 5/12/2020  17-27a-602. Planning commission preparation and recommendation of subdivision ordinance -- Adoption or rejection by legislative body.    (1) A planning commission shall:   (a) review and provide a recommendation to the legislative body on any proposed ordinance that regulates the subdivision of land in the county;     (b) review and make a recommendation to the legislative body on any proposed ordinance that amends the regulation of the subdivision of the unincorporated land in the county or, in the case of a mountainous planning district, the mountainous planning district;     (c) provide notice consistent with Section 17-27a-205; and     (d) hold a public hearing on the proposed ordinance before making the planning commission's final recommendation to the legislative body.       (2)   (a) A legislative body may adopt, modify, revise, or reject an ordinance described in Subsection (1) that the planning commission recommends.     (b) A legislative body may consider a planning commission's failure to make a timely recommendation as a negative recommendation if the legislative body has provided for that consideration by ordinance.      Amended by Chapter 354, 2020 General Session
UT Code § 17-27a-604 (2021)
2021 Utah Code|Title 17 - Counties|Chapter 27a - County Land Use, Development, and Management Act|Part 6 - Subdivisions|Section 604 - Subdivision plat approval procedure -- Effect of not complying.

 Effective 5/5/2021  17-27a-604. Subdivision plat approval procedure -- Effect of not complying.    (1) A person may not submit a subdivision plat to the county recorder's office for recording unless:   (a) the person has complied with the requirements of Subsection 17-27a-603(6)(a);     (b) the plat has been approved by:   (i) the land use authority of the:   (A) county in whose unincorporated area the land described in the plat is located; or     (B) mountainous planning district in whose area the land described in the plat is located; and       (ii) other officers that the county designates in its ordinance;       (c) all approvals described in Subsection (1)(b) are entered in writing on the plat by designated officers; and     (d) if the person submitting the plat intends the plat to be or if the plat is part of a community association subject to Title 57, Chapter 8a, Community Association Act, the plat includes language conveying to the association, as that term is defined in Section 57-8a-102, all common areas, as that term is defined in Section 57-8a-102.       (2) An owner of a platted lot is the owner of record sufficient to re-subdivide the lot if the owner's platted lot is not part of a community association subject to Title 57, Chapter 8a, Community Association Act.     (3) A plat recorded without the signatures required under this section is void.     (4) A transfer of land pursuant to a void plat is voidable by the land use authority.    Amended by Chapter 47, 2021 General Session
UT Code § 17-27a-607 (2021)
2021 Utah Code|Title 17 - Counties|Chapter 27a - County Land Use, Development, and Management Act|Part 6 - Subdivisions|Section 607 - Dedication by plat of public streets and other public places.

 Effective 5/14/2019  17-27a-607. Dedication by plat of public streets and other public places.    (1) A plat that is signed, dedicated, and acknowledged by each owner of record, and approved according to the procedures specified in this part, operates, when recorded, as a dedication of all public streets and other public places, and vests the fee of those parcels of land in the county for the public for the uses named or intended in the plat.     (2) The dedication established by this section does not impose liability upon the county for public streets and other public places that are dedicated in this manner but are unimproved unless:   (a) adequate financial assurance has been provided in accordance with this chapter; and     (b) the county has accepted the dedication.      Amended by Chapter 384, 2019 General Session
UT Code § 17-27a-609 (2021)
2021 Utah Code|Title 17 - Counties|Chapter 27a - County Land Use, Development, and Management Act|Part 6 - Subdivisions|Section 609 - Land use authority approval of vacation or amendment of plat -- Recording the amended plat.

 Effective 5/14/2019  17-27a-609. Land use authority approval of vacation or amendment of plat -- Recording the amended plat.    (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 county 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.    Amended by Chapter 384, 2019 General Session
UT Code § 17-27a-610 (2021)
2021 Utah Code|Title 17 - Counties|Chapter 27a - County Land Use, Development, and Management Act|Part 6 - Subdivisions|Section 610 - Restrictions for solar and other energy devices.

17-27a-610. Restrictions for solar and other energy devices.  The land use authority may refuse to approve or renew any plat, subdivision plan, or dedication of any street or other ground, if deed restrictions, covenants, or similar binding agreements running with the land for the lots or parcels covered by the plat or subdivision prohibit or have the effect of prohibiting reasonably sited and designed solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on lots or parcels covered by the plat or subdivision.  Renumbered and Amended by Chapter 254, 2005 General Session
UT Code § 17-27a-611 (2021)
2021 Utah Code|Title 17 - Counties|Chapter 27a - County Land Use, Development, and Management Act|Part 6 - Subdivisions|Section 611 - Prohibited acts.

 Effective 5/12/2020  17-27a-611. Prohibited acts.    (1)   (a) If a subdivision requires a plat, an owner of any land located in a subdivision who transfers or sells any land in that subdivision before a plat of the subdivision has been approved and recorded violates this part for each lot or parcel transferred or sold.     (b) The description by metes and bounds in an instrument of transfer or other documents used in the process of selling or transferring does not exempt the transaction from being a violation of Subsection (1)(a) or from the penalties or remedies provided in this chapter.     (c) Notwithstanding any other provision of this Subsection (1), the recording of an instrument of transfer or other document used in the process of selling or transferring real property that violates this part:   (i) does not affect the validity of the instrument or other document; and     (ii) does not affect whether the property that is the subject of the instrument or other document complies with applicable county ordinances on land use and development.         (2)   (a) A county may bring an action against an owner to require the property to conform to the provisions of this part or an ordinance enacted under the authority of this part.     (b) An action under this Subsection (2) may include an injunction or any other appropriate action or proceeding to prevent or enjoin the violation.     (c) A county need only establish the violation to obtain the injunction.      Amended by Chapter 434, 2020 General Session
UT Code § 17-27a-701 (2021)
2021 Utah Code|Title 17 - Counties|Chapter 27a - County Land Use, Development, and Management Act|Part 7 - Appeal Authority and Variances|Section 701 - Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties.

 Effective 5/5/2021  17-27a-701. Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties.    (1)   (a) Each county adopting a land use ordinance shall, by ordinance, establish one or more appeal authorities.     (b) An appeal authority shall hear and decide:   (i) requests for variances from the terms of land use ordinances;     (ii) appeals from land use decisions applying land use ordinances; and     (iii) appeals from a fee charged in accordance with Section 17-27a-509.       (c) An appeal authority may not hear an appeal from the enactment of a land use regulation.       (2) As a condition precedent to judicial review, each adversely affected party shall timely and specifically challenge a land use authority's land use decision, in accordance with local ordinance.     (3) An appeal authority described in Subsection (1)(a):   (a) shall:   (i) act in a quasi-judicial manner; and     (ii) serve as the final arbiter of issues involving the interpretation or application of land use ordinances; and       (b) may not entertain an appeal of a matter in which the appeal authority, or any participating member, had first acted as the land use authority.       (4) By ordinance, a county may:   (a) designate a separate appeal authority to hear requests for variances than the appeal authority the county designates to hear appeals;     (b) designate one or more separate appeal authorities to hear distinct types of appeals of land use authority decisions;     (c) require an adversely affected party to present to an appeal authority every theory of relief that the adversely affected party can raise in district court;     (d) not require a land use applicant or adversely affected party to pursue duplicate or successive appeals before the same or separate appeal authorities as a condition of an appealing party's duty to exhaust administrative remedies; and     (e) provide that specified types of land use decisions may be appealed directly to the district court.       (5) If the county establishes or, prior to the effective date of this chapter, has established a multiperson board, body, or panel to act as an appeal authority, at a minimum the board, body, or panel shall:   (a) notify each of the members of the board, body, or panel of any meeting or hearing of the board, body, or panel;     (b) provide each of the members of the board, body, or panel with the same information and access to municipal resources as any other member;     (c) convene only if a quorum of the members of the board, body, or panel is present; and     (d) act only upon the vote of a majority of the convened members of the board, body, or panel.      Amended by Chapter 385, 2021 General Session
UT Code § 17-27a-702 (2021)
2021 Utah Code|Title 17 - Counties|Chapter 27a - County Land Use, Development, and Management Act|Part 7 - Appeal Authority and Variances|Section 702 - Variances.

17-27a-702. Variances.    (1) Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the applicable appeal authority for a variance from the terms of the ordinance.     (2)   (a) The appeal authority may grant a variance only if:   (i) literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances;     (ii) there are special circumstances attached to the property that do not generally apply to other properties in the same zone;     (iii) granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;     (iv) the variance will not substantially affect the general plan and will not be contrary to the public interest; and     (v) the spirit of the land use ordinance is observed and substantial justice done.       (b)   (i) In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (2)(a), the appeal authority may not find an unreasonable hardship unless the alleged hardship:   (A) is located on or associated with the property for which the variance is sought; and     (B) comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.       (ii) In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (2)(a), the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic.       (c) In determining whether or not there are special circumstances attached to the property under Subsection (2)(a), the appeal authority may find that special circumstances exist only if the special circumstances:   (i) relate to the hardship complained of; and     (ii) deprive the property of privileges granted to other properties in the same zone.         (3) The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.     (4) Variances run with the land.     (5) The appeal authority may not grant a use variance.     (6) In granting a variance, the appeal authority may impose additional requirements on the applicant that will:   (a) mitigate any harmful affects of the variance; or     (b) serve the purpose of the standard or requirement that is waived or modified.      Renumbered and Amended by Chapter 254, 2005 General Session
UT Code § 17-27a-703 (2021)
2021 Utah Code|Title 17 - Counties|Chapter 27a - County Land Use, Development, and Management Act|Part 7 - Appeal Authority and Variances|Section 703 - Appealing a land use authority's decision -- Panel of experts for appeals of geologic hazard decisions.

 Effective 5/12/2020  17-27a-703. Appealing a land use authority's decision -- Panel of experts for appeals of geologic hazard decisions.    (1) The land use applicant, a board or officer of the county, or an adversely affected party may, within the time period provided by ordinance, 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 county's geologic hazard ordinance may request the county 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 county shall assemble the panel described in Subsection (2)(a) consisting of, unless otherwise agreed by the land use applicant and county:   (i) one expert designated by the county;     (ii) one expert designated by the land use applicant; and     (iii) one expert chosen jointly by the county's designated expert and the applicant's land use designated expert.       (c) A member of the panel assembled by the county 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 county's published appeal fee.        Amended by Chapter 434, 2020 General Session