reglab/housing_qa huggingface dataset:
UT Code § 10-9a-611 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 9a - Municipal Land Use, Development, and Management Act|Part 6 - Subdivisions|Section 611 - Prohibited acts.

 Effective 5/12/2020  10-9a-611. Prohibited acts.    (1)   (a)   (i) 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.     (ii) A violation of Subsection (1)(a)(i) is an infraction.       (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 municipal ordinances on land use and development.         (2)   (a) A municipality 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 municipality need only establish the violation to obtain the injunction.      Amended by Chapter 434, 2020 General Session
UT Code § 10-9a-701 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 9a - Municipal 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  10-9a-701. Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties.    (1)   (a) Each municipality adopting a land use ordinance shall, by ordinance, establish one or more appeal authorities.     (b) An appeal authority described in Subsection (1)(a) 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 10-9a-510.       (c) An appeal authority described in Subsection (1)(a) 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 municipality may:   (a) designate a separate appeal authority to hear requests for variances than the appeal authority the municipality 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 municipality 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 § 10-9a-702 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 9a - Municipal Land Use, Development, and Management Act|Part 7 - Appeal Authority and Variances|Section 702 - Variances.

10-9a-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 § 10-9a-703 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 9a - Municipal 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 -- Automatic appeal for certain decisions.

 Effective 5/12/2020  10-9a-703. Appealing a land use authority's decision -- Panel of experts for appeals of geologic hazard decisions -- Automatic appeal for certain decisions.    (1) The land use applicant, a board or officer of the municipality, or an adversely affected party may, within the applicable time period, appeal that decision to 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.        Amended by Chapter 434, 2020 General Session
UT Code § 10-9a-704 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 9a - Municipal Land Use, Development, and Management Act|Part 7 - Appeal Authority and Variances|Section 704 - Time to appeal.

 Effective 5/12/2020  10-9a-704. Time to appeal.    (1) The municipality shall enact an ordinance establishing a reasonable time of not less than 10 days to appeal to an appeal authority a written decision issued by a land use authority.     (2) In the absence of an ordinance establishing a reasonable time to appeal, a land use applicant or adversely affected party shall have 10 calendar days to appeal to an appeal authority a written decision issued by a land use authority.     (3) Notwithstanding Subsections (1) and (2), for an appeal from a decision of a historic preservation authority regarding a land use application, the land use applicant may appeal the decision within 30 days after the day on which the historic preservation authority issues a written decision.    Amended by Chapter 434, 2020 General Session
UT Code § 10-9a-705 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 9a - Municipal Land Use, Development, and Management Act|Part 7 - Appeal Authority and Variances|Section 705 - Burden of proof.

10-9a-705. Burden of proof.  The appellant has the burden of proving that the land use authority erred.  Enacted by Chapter 254, 2005 General Session
UT Code § 10-9a-706 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 9a - Municipal Land Use, Development, and Management Act|Part 7 - Appeal Authority and Variances|Section 706 - Due process.

10-9a-706. Due process.    (1) Each appeal authority shall conduct each appeal and variance request as provided in local ordinance.     (2) Each appeal authority shall respect the due process rights of each of the participants.    Enacted by Chapter 254, 2005 General Session
UT Code § 10-9a-707 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 9a - Municipal Land Use, Development, and Management Act|Part 7 - Appeal Authority and Variances|Section 707 - Scope of review of factual matters on appeal -- Appeal authority requirements.

 Effective 5/14/2019  10-9a-707. Scope of review of factual matters on appeal -- Appeal authority requirements.    (1) A municipality may, by ordinance, designate the scope of review of factual matters for appeals of land use authority decisions.     (2) If the municipality fails to designate a scope of review of factual matters, the appeal authority shall review the matter de novo, without deference to the land use authority's determination of factual matters.     (3) If the scope of review of factual matters is on the record, the appeal authority shall determine whether the record on appeal includes substantial evidence for each essential finding of fact.     (4) The appeal authority shall:   (a) determine the correctness of the land use authority's interpretation and application of the plain meaning of the land use regulations; and     (b) interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.       (5)   (a) An appeal authority's land use decision is a quasi-judicial act.     (b) A legislative body may act as an appeal authority unless both the legislative body and the appealing party agree to allow a third party to act as the appeal authority.       (6) Only a decision in which a land use authority has applied a land use regulation to a particular land use application, person, or parcel may be appealed to an appeal authority.    Amended by Chapter 384, 2019 General Session
UT Code § 10-9a-708 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 9a - Municipal Land Use, Development, and Management Act|Part 7 - Appeal Authority and Variances|Section 708 - Final decision.

 Effective 3/24/2020  10-9a-708. Final decision.    (1) A decision of an appeal authority takes effect on the date when the appeal authority issues a written decision, or as otherwise provided by ordinance.     (2) A written decision, or other event as provided by ordinance, constitutes a final decision under Subsection 10-9a-801(2)(a) or a final action under Subsection 10-9a-801(4).    Amended by Chapter 126, 2020 General Session
UT Code § 10-9a-802 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 9a - Municipal Land Use, Development, and Management Act|Part 8 - District Court Review|Section 802 - Enforcement.

 Effective 5/12/2020  10-9a-802. Enforcement.    (1)   (a) A municipality or an adversely affected party 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) A municipality may enforce the municipality's ordinance by withholding a building permit.     (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 not deny an applicant a building permit or certificate of occupancy because the applicant has not completed an infrastructure improvement:   (i) that is not essential to meet the requirements for the issuance of a building permit or certificate of occupancy under the building code and fire code; and     (ii) for which the municipality has accepted an improvement completion assurance for landscaping or infrastructure improvements for the development.        Amended by Chapter 434, 2020 General Session
UT Code § 10-9a-803 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 9a - Municipal Land Use, Development, and Management Act|Part 8 - District Court Review|Section 803 - Penalties -- Notice.

10-9a-803. Penalties -- Notice.    (1) The municipality may, by ordinance, establish civil penalties for violations of any of the provisions of this chapter or of any ordinances adopted under the authority of this chapter.     (2) Violation of any of the provisions of this chapter or of any ordinances adopted under the authority of this chapter is punishable as a class C misdemeanor upon conviction either:   (a) as a class C misdemeanor; or     (b) by imposing the appropriate civil penalty adopted under the authority of this section.       (3) Prior to imposing upon an owner of record a civil penalty established by ordinance under authority of this chapter, a municipality shall provide:   (a) written notice, by mail or hand delivery, of each ordinance violation to the address of the:   (i) owner of record on file in the office of the county recorder; or     (ii) person designated, in writing, by the owner of record as the owner's agent for the purpose of receiving notice of an ordinance violation;       (b) the owner of record a reasonable opportunity to cure a noticed violation; and     (c) a schedule of the civil penalties that may be imposed upon the expiration of a time certain.      Amended by Chapter 218, 2012 General Session
UT Code § 10-9a-901 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 9a - Municipal Land Use, Development, and Management Act|Part 9 - Vested Critical Infrastructure Materials Operations|Section 901 - Definitions.

 Effective 5/14/2019  10-9a-901. Definitions.  As used in this part:  (1) "Critical infrastructure materials" means sand, gravel, or rock aggregate.     (2) "Critical infrastructure materials operations" means the extraction, excavation, processing, or reprocessing of critical infrastructure materials.     (3) "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 operations; and     (b) has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations.       (4) "Vested critical infrastructure materials operations" means critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the municipality that existed or was conducted or otherwise engaged in before:   (a) a political subdivision prohibits, restricts, or otherwise limits the critical infrastructure materials operations; and     (b) January 1, 2019.      Enacted by Chapter 227, 2019 General Session
UT Code § 10-9a-902 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 9a - Municipal Land Use, Development, and Management Act|Part 9 - Vested Critical Infrastructure Materials Operations|Section 902 - Vested critical infrastructure materials operations -- Conclusive presumption.

 Effective 5/14/2019  10-9a-902. Vested critical infrastructure materials operations -- Conclusive presumption.    (1)   (a) Critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the municipality are conclusively presumed to be vested critical infrastructure materials operations if the critical infrastructure materials operations permitted by the municipality, existed or was conducted or otherwise engaged in before January 1, 2019 and before when a political subdivision prohibits, restricts, or otherwise limits the critical infrastructure materials operations.     (b) A person claiming that a vested critical infrastructure materials operations has been established has the burden of proof to show by the preponderance of the evidence that the vested critical infrastructure materials operations has been established.       (2) A vested critical infrastructure materials operations:   (a) runs with the land; and     (b) may be changed to another critical infrastructure materials operations conducted within the scope of a legal nonconforming use or the permit for the vested critical infrastructure materials operations without losing its status as a vested critical infrastructure materials operations.      Enacted by Chapter 227, 2019 General Session
UT Code § 10-9a-903 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 9a - Municipal Land Use, Development, and Management Act|Part 9 - Vested Critical Infrastructure Materials Operations|Section 903 - Rights of a critical infrastructure materials operator with a vested critical infrastructure materials operations.

 Effective 5/14/2019  10-9a-903. Rights of a critical infrastructure materials operator with a vested critical infrastructure materials operations.  Notwithstanding a political subdivision's prohibition, restriction, or other limitation on a critical infrastructure materials operations adopted after the establishment of the critical infrastructure materials operations, the rights of a critical infrastructure materials operator with vested critical infrastructure materials operations include the right to:  (1) use, operate, construct, reconstruct, restore, maintain, repair, alter, substitute, modernize, upgrade, and replace equipment, processes, facilities, and buildings; and     (2) discontinue, suspend, terminate, deactivate, or continue and reactivate, temporarily or permanently, all or any part of the critical infrastructure materials operations.    Enacted by Chapter 227, 2019 General Session
UT Code § 10-9a-904 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 9a - Municipal Land Use, Development, and Management Act|Part 9 - Vested Critical Infrastructure Materials Operations|Section 904 - Notice.

 Effective 5/14/2019  10-9a-904. Notice.  For any new subdivision development located in whole or in part within 1,000 feet of the boundary of a vested critical infrastructure materials operations, the owner of the development shall provide notice on any plat filed with the county recorder the following notice: "Vested Critical Infrastructure Materials Operations This property is located in the vicinity of an established vested critical infrastructure materials operations in which critical infrastructure materials operations have been afforded the highest priority use status. It can be anticipated that such operations may now or in the future be conducted on property included in the critical infrastructure materials protection area. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience that may result from such normal critical infrastructure materials operations." Enacted by Chapter 227, 2019 General Session
UT Code § 10-9a-905 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 9a - Municipal Land Use, Development, and Management Act|Part 9 - Vested Critical Infrastructure Materials Operations|Section 905 - Abandonment of a vested critical infrastructure materials operations.

 Effective 5/14/2019  10-9a-905. Abandonment of a vested critical infrastructure materials operations.    (1) A critical infrastructure materials operator may abandon some or all of a vested critical infrastructure materials operations use only as provided in this section.     (2) To abandon some or all of a vested critical infrastructure materials operations, a critical infrastructure materials operator shall record a written declaration of abandonment with the recorder of the county in which the vested critical infrastructure materials operations being abandoned is located.     (3) The written declaration of abandonment under Subsection (2) shall specify the vested critical infrastructure materials operations or the portion of the vested critical infrastructure materials operations being abandoned.    Enacted by Chapter 227, 2019 General Session