reglab/statecodes huggingface dataset:
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 8 - Powers and Duties of Municipalities › Part 1 - General Powers › Section 84.5 - Limitations on employee benefits imposed by a municipality.

10-8-84.5.
Limitations on employee benefits imposed by a municipality.
(1) For the purpose of this section:
(a) "Accident and health insurance" is as defined in Section 31A-1-301.
(b) "Employee" means an individual employed by an employer.
(c) "Employee benefit" means one or more benefits or services provided to:
(i) an employee; or
(ii) a dependent of an employee.
(d) "Private employer" means a person who has one or more employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written.
(e) "Insurance" is as defined in Section 31A-1-301.
(f) "Life insurance" is as defined in Section 31A-1-301.
(2) A municipality may not enact or enforce an ordinance that establishes, mandates, or requires a private employer to establish or offer an employee benefit, including:
(a) accident and health insurance;
(b) life insurance;
(c) sick leave; or
(d) family medical leave.
(3) Nothing in this section prohibits a municipality from considering an employee benefit described in Subsection (2) among other criteria when issuing a request for proposals.
Enacted by Chapter 87, 2012 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 8 - Powers and Duties of Municipalities › Part 1 - General Powers › Section 84.6 - Prohibition on licensing or certification of child care programs.

Effective 5/3/2023
10-8-84.6.
Prohibition on licensing or certification of child care programs.
(1)
(a) As used in this section, "child care program" means a child care facility or program operated by a person who holds a license or certificate from the Department of Health and Human Services under Title 26B, Chapter 2, Part 4, Child Care Licensing.
(b) "Child care program" does not include a child care program for which a municipality provides oversight, as described in Subsection 26B-2-405(2)(e).
(2) A municipality may not enact or enforce an ordinance that:
(a) imposes licensing or certification requirements for a child care program; or
(b) governs the manner in which child care is provided in a child care program.
(3) This section does not prohibit a municipality from:
(a) requiring a business license to operate a business within the municipality; or
(b) imposing requirements related to building, health, and fire codes.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 8 - Powers and Duties of Municipalities › Part 1 - General Powers › Section 85 - Prison labor and fines.

10-8-85.
Prison labor and fines.
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 his 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 he be imprisoned until the amount thereof is satisfied, specifying the extent of imprisonment which cannot exceed one day for each $2 of such amount.
No Change Since 1953
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 8 - Powers and Duties of Municipalities › Part 1 - General Powers › Section 85.4 - Ordinances regarding short-term rentals -- Prohibition on ordinances restricting speech on short-term rental websites.

Effective 10/1/2021
10-8-85.4.
Ordinances regarding short-term rentals -- Prohibition on ordinances restricting speech on short-term rental websites.
(1) As used in this section:
(a) "Internal accessory dwelling unit" means the same as that term is defined in Section 10-9a-511.5.
(b) "Residential unit" means a residential structure or any portion of a residential structure that is occupied as a residence.
(c) "Short-term rental" means a residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days.
(d) "Short-term rental website" means a website that:
(i) allows a person to offer a short-term rental to one or more prospective renters; and
(ii) facilitates the renting of, and payment for, a short-term rental.
(2) Notwithstanding Section 10-9a-501 or Subsection 10-9a-503(1), a legislative body may not:
(a) enact or enforce an ordinance that prohibits an individual from listing or offering a short-term rental on a short-term rental website; or
(b) use an ordinance that prohibits the act of renting a short-term rental to fine, charge, prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term rental on a short-term rental website.
(3) Subsection (2) does not apply to an individual who lists or offers an internal accessory dwelling unit as a short-term rental on a short-term rental website if the municipality records a notice for the internal accessory dwelling unit under Subsection 10-9a-530(6).
Amended by Chapter 102, 2021 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 8 - Powers and Duties of Municipalities › Part 1 - General Powers › Section 85.5 - "Rental dwelling" defined -- Municipality may require a business license or a regulatory business license and inspections -- Exception.

Effective 5/3/2023
10-8-85.5.
"Rental dwelling" defined -- Municipality may require a business license or a regulatory business license and inspections -- Exception.
(1) As used in this section, "rental dwelling" means a building or portion of a building that is:
(a) used or designated for use as a residence by one or more persons; and
(b)
(i) available to be rented, loaned, leased, or hired out for a period of one month or longer; or
(ii) arranged, designed, or built to be rented, loaned, leased, or hired out for a period of one month or longer.
(2)
(a) The legislative body of a municipality may by ordinance require the owner of a rental dwelling located within the municipality:
(i) to obtain a business license pursuant to Section 10-1-203; or
(ii)
(A) to obtain a regulatory business license to operate and maintain the rental dwelling in accordance with Section 10-1-203.5; and
(B) to allow inspections of the rental dwelling as a condition of obtaining a regulatory business license.
(b) A municipality may not require an owner of multiple rental dwellings or multiple buildings containing rental dwellings to obtain more than one regulatory business license for the operation and maintenance of those rental dwellings.
(c) A municipality may not charge a fee for the inspection of a rental dwelling.
(d) If a municipality's inspection of a rental dwelling, allowed under Subsection (2)(a)(ii)(B), approves the rental dwelling for purposes of a regulatory business license, a municipality may not inspect that rental dwelling except as provided for in Section 10-1-203.5.
(3) A municipality may not:
(a) interfere with the ability of an owner of a rental dwelling to contract with a tenant concerning the payment of the cost of a utility or municipal service provided to the rental dwelling; or
(b) except as required under the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act, for a structural change to the rental dwelling, or as required in an ordinance adopted before January 1, 2008, require the owner of a rental dwelling to retrofit the rental dwelling with or install in the rental dwelling a safety feature that was not required when the rental dwelling was constructed.
(4) Nothing in this section shall be construed to affect the rights and duties established under Title 57, Chapter 22, Utah Fit Premises Act, or to restrict a municipality's ability to enforce its generally applicable health ordinances or building code, a local health department's authority under Title 26A, Chapter 1, Local Health Departments, or the Department of Health and Human Service's authority under Title 26B, Utah Health and Human Services Code.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 8 - Powers and Duties of Municipalities › Part 1 - General Powers › Section 85.6 - Definitions -- Electronic payments -- Fee.

10-8-85.6.
Definitions -- Electronic payments -- Fee.
(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.
Enacted by Chapter 29, 2005 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 8 - Powers and Duties of Municipalities › Part 1 - General Powers › Section 85.7 - Implements of husbandry tracking debris onto municipal roads.

10-8-85.7.
Implements of husbandry tracking debris onto municipal roads.
A municipality may not prohibit or punish the tracking of dirt, mud, or other debris onto a municipal road resulting from the operation of an implement of husbandry if the operation of the implement of husbandry is consistent with accepted agricultural practices.
Enacted by Chapter 214, 2006 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 8 - Powers and Duties of Municipalities › Part 1 - General Powers › Section 85.8 - Indemnification of farmers markets.

Effective 7/1/2017
10-8-85.8.
Indemnification of farmers markets.
A municipality may:
(1) operate a farmers market, as defined in Section 4-5-102, on municipality-owned property in order to promote economic development;
(2) indemnify a food producer participating in the farmers market; and
(3) define the scope of the indemnification in an agreement with the food producer.
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 8 - Powers and Duties of Municipalities › Part 1 - General Powers › Section 85.9 - Preservation of historical areas and sites.

10-8-85.9.
Preservation of historical areas and sites.
A municipality may:
(1) expend public funds to preserve, protect, or enhance an historical area or site;
(2) acquire an historical area or site by direct purchase, contract, lease, trade, or gift;
(3) obtain an easement or right-of-way across public or private property to ensure access or proper development of an historical area or site;
(4) protect an historical area or site;
(5) ensure proper development and utilization of land or an area adjacent to an historical area or site; and
(6) enter into an agreement with a private individual for the right to purchase an historical area or site if and when the private individual elects to sell or dispose of the owner's property.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 8 - Powers and Duties of Municipalities › Part 1 - General Powers › Section 85.10 - Ordinances regarding co-ownership -- Prohibition on municipal ordinances restricting co-ownership models.

Effective 5/3/2023
10-8-85.10.
Ordinances regarding co-ownership -- Prohibition on municipal ordinances restricting co-ownership models.
(1) As used in this section:
(a) "Co-owned home" means any residential unit that is jointly owned, in any manner or form, by any combination of individuals or entities.
(b) "Residential unit" means the same as that term is defined in Section 10-8-85.4.
(2) Notwithstanding Section 10-9a-501 and Subsection 10-9a-503(1), a municipal legislative body may not:
(a) adopt or enforce a land use regulation that regulates co-owned homes differently than other residential units; or
(b) use a land use regulation governing co-owned homes to fine, charge, prosecute, or otherwise punish an individual solely for the act of owning or using a co-owned home.
(3) Notwithstanding Subsection (2), a legislative body may adopt and enforce land use regulations, if the regulations are applied equally to all residential units, including co-owned homes.
(4) This section does not limit private individuals or associations from adopting rules or regulations governing co-owned homes.
(5) Nothing in this section limits a municipality's authority to adopt or enforce regulations regarding:
(a) accessory dwelling units, as defined in Section 10-9a-103;
(b) internal accessory dwelling units, as defined in Section 10-9a-511.5; or
(c) the rental of a residential unit for fewer than 30 days consistent with Section 10-8-85.4.
Enacted by Chapter 533, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 8 - Powers and Duties of Municipalities › Part 2 - Public Transportation › Section 86 - Organization, operation, maintenance, and funding of system for public transit authorized.

10-8-86.
Organization, operation, maintenance, and funding of system for public transit authorized.
(1) The governing body of any municipality may adopt a resolution allowing the municipality to organize, operate, and maintain a system for public transit within the municipality and to impose a sales and a use tax to fund the system for public transit as provided in Section 59-12-2213.
(2) The authority granted municipalities by this section to organize, operate, and maintain a system for public transit is inapplicable to a municipality located in or within five highway or roadway miles of the boundary of an existing transit district, unless the existing transit district consents to the organization and operation of the system for public transit by the municipality.
Amended by Chapter 263, 2010 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 8 - Powers and Duties of Municipalities › Part 3 - Change of Grade of Streets › Section 89 - Damage to abutting property -- Liability of city.

10-8-89.
Damage to abutting property -- Liability of city.
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.
No Change Since 1953
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 8 - Powers and Duties of Municipalities › Part 4 - Hospitals in Cities of Third Class and Towns › Section 90 - Ownership and operation of hospitals.

Effective 5/3/2023
10-8-90.
Ownership and operation of hospitals.
(1) Each city of the third, fourth, or fifth class and each town of the state is authorized to construct, own, and operate hospitals and to join with other cities, towns, and counties in the construction, ownership, and operation of hospitals.
(2)
(a) Beginning July 1, 2017, a hospital under Subsection (1) that owns a nursing care facility regulated under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection, and uses an intergovernmental transfer as that term is defined in Section 26B-3-130 may not enter into a new agreement or arrangement to operate a nursing care facility in another city, town, or county without first entering into an agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or other contract with the other city, town, or county to operate the nursing care facility.
(b) Subsection (2)(a) only applies to a city or town described in Subsection (1).
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 8 - Powers and Duties of Municipalities › Part 4 - Hospitals in Cities of Third Class and Towns › Section 92 - Joint board -- Membership -- Powers.

10-8-92.
Joint board -- Membership -- Powers.
When two or more political subdivisions of the state of Utah join together under this act for the purposes set forth herein, there shall be set up by the political subdivisions so joining, a joint board whose membership shall have equal representation from each of the political subdivisions joining, and which said board shall be empowered with the administration, operation, construction and maintenance of said joint hospital.
No Change Since 1953
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 8 - Powers and Duties of Municipalities › Part 4 - Hospitals in Cities of Third Class and Towns › Section 93 - Control of funds and disbursements -- Auditing of accounts by county auditor -- Transfer of county tax funds to board to cover deficiencies.

10-8-93.
Control of funds and disbursements -- Auditing of accounts by county auditor -- Transfer of county tax funds to board to cover deficiencies.
The joint board created pursuant to this act shall have the custody and control of all funds collected in the joint operation of such hospital and the disbursement thereof; provided that the county auditor of any county participating under the provisions of this act shall audit the accounts of said board quarterly or at more frequent intervals, if public interest, in the judgment of such auditor requires a more frequent audit. The county executive of any county participating in the operation and maintenance of hospitals pursuant to this act may pay over to the joint board of such hospitals any funds yielded by a levy made pursuant to Section 17-53-221 that may be required to cover any deficiencies incurred in the operation and maintenance of such hospital.
Amended by Chapter 133, 2000 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 8 - Powers and Duties of Municipalities › Part 4 - Hospitals in Cities of Third Class and Towns › Section 94 - Towns with same authority as cities.

10-8-94.
Towns with same authority as cities.
Towns have the same powers and authority granted to cities under this chapter, in addition to other powers conferred by law, but subject to the following:
(1) The town council may enact ordinances providing for the public safety, health, morals, and welfare of the town which are not prohibited, preempted by, or inconsistent with, the policy of state or federal law or the constitution of Utah or the United States, or attempt to regulate an area which by the nature of the subject requires uniform state regulation.
(2) The town council:
(a) may lay out, construct, open, and keep in repair canals, water ditches, or water pipes to conduct water for artificial light and power purposes, and construct, own, and operate artificial light and power plants;
(b) may construct, own, and operate water pipes for irrigation, domestic, or other use for the inhabitants of the town; and
(c) may annually assess and collect a special tax of not to exceed .0008 per dollar of taxable value of taxable property in the town for those purposes.
Amended by Chapter 3, 1988 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 1 - General Provisions › Section 102 - Purposes -- General land use authority.

Effective 5/14/2019
10-9a-102.
Purposes -- General land use authority.
(1) The purposes of this chapter are to:
(a) provide for the health, safety, and welfare;
(b) promote the prosperity;
(c) improve the morals, peace, good order, comfort, convenience, and aesthetics of each municipality and each municipality's present and future inhabitants and businesses;
(d) protect the tax base;
(e) secure economy in governmental expenditures;
(f) foster the state's agricultural and other industries;
(g) protect both urban and nonurban development;
(h) protect and ensure access to sunlight for solar energy devices;
(i) provide fundamental fairness in land use regulation;
(j) facilitate orderly growth and allow growth in a variety of housing types; and
(k) protect property values.
(2) To accomplish the purposes of this chapter, a municipality may enact all ordinances, resolutions, and rules and may enter into other forms of land use controls and development agreements that the municipality considers necessary or appropriate for the use and development of land within the municipality, including ordinances, resolutions, rules, restrictive covenants, easements, and development agreements governing:
(a) uses;
(b) density;
(c) open spaces;
(d) structures;
(e) buildings;
(f) energy efficiency;
(g) light and air;
(h) air quality;
(i) transportation and public or alternative transportation;
(j) infrastructure;
(k) street and building orientation;
(l) width requirements;
(m) public facilities;
(n) fundamental fairness in land use regulation; and
(o) considerations of surrounding land uses to balance the foregoing purposes with a landowner's private property interests and associated statutory and constitutional protections.
(3)
(a) Any ordinance, resolution, or rule enacted by a municipality pursuant to its authority under this chapter shall comply with the state's exclusive jurisdiction to regulate oil and gas activity, as described in Section 40-6-2.5.
(b) A municipality may enact an ordinance, resolution, or rule that regulates surface activity incident to an oil and gas activity if the municipality demonstrates that the regulation:
(i) is necessary for the purposes of this chapter;
(ii) does not effectively or unduly limit, ban, or prohibit an oil and gas activity; and
(iii) does not interfere with the state's exclusive jurisdiction to regulate oil and gas activity, as described in Section 40-6-2.5.
Amended by Chapter 384, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 1 - General Provisions › Section 104 - Municipal standards.

Effective 5/14/2019
10-9a-104.
Municipal standards.
(1) This chapter does not prohibit a municipality from adopting the municipality's own land use standards.
(2) Notwithstanding Subsection (1), a municipality may not impose a requirement, regulation, condition, or standard that conflicts with a provision of this chapter, other state law, or federal law.
Amended by Chapter 384, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 2 - Notice › Section 201 - Required notice.

10-9a-201.
Required notice.
(1) At a minimum, each municipality shall provide actual notice or the notice required by this part.
(2) A municipality may by ordinance require greater notice than required under this part.
Enacted by Chapter 254, 2005 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 2 - Notice › Section 202 - Applicant notice -- Waiver of requirements.

10-9a-202.
Applicant notice -- Waiver of requirements.
(1) For each land use application, the municipality shall:
(a) notify the applicant of the date, time, and place of each public hearing and public meeting to consider the application;
(b) provide to each applicant a copy of each staff report regarding the applicant or the pending application at least three business days before the public hearing or public meeting; and
(c) notify the applicant of any final action on a pending application.
(2) If a municipality fails to comply with the requirements of Subsection (1)(a) or (b) or both, an applicant may waive the failure so that the application may stay on the public hearing or public meeting agenda and be considered as if the requirements had been met.
Amended by Chapter 257, 2006 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 2 - Notice › Section 203 - Notice of intent to prepare a general plan or comprehensive general plan amendments in certain municipalities.

Effective 5/3/2023
10-9a-203.
Notice of intent to prepare a general plan or comprehensive general plan amendments in certain municipalities.
(1) Before preparing a proposed general plan or a comprehensive general plan amendment, each municipality within a county of the first or second class shall provide 10 calendar days notice of the municipality's intent to prepare a proposed general plan or a comprehensive general plan amendment:
(a) to each affected entity;
(b) to the Utah Geospatial Resource Center created in Section 63A-16-505;
(c) to the association of governments, established pursuant to an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which the municipality is a member; and
(d) for the municipality, as a class A notice under Section 63G-30-102, for at least 10 days.
(2) Each notice under Subsection (1) shall:
(a) indicate that the municipality intends to prepare a general plan or a comprehensive general plan amendment, as the case may be;
(b) describe or provide a map of the geographic area that will be affected by the general plan or amendment;
(c) be sent by mail, e-mail, or other effective means;
(d) invite the affected entities to provide information for the municipality to consider in the process of preparing, adopting, and implementing a general plan or amendment concerning:
(i) impacts that the use of land proposed in the proposed general plan or amendment may have; and
(ii) uses of land within the municipality that the affected entity is considering that may conflict with the proposed general plan or amendment; and
(e) include the address of an Internet website, if the municipality has one, and the name and telephone number of an individual where more information can be obtained concerning the municipality's proposed general plan or amendment.
(3) A municipality shall send the newly adopted general plan and comprehensive general plan amendments to the relevant association of governments within 45 days of the date of adoption.
Amended by Chapter 219, 2023 General Session
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 2 - Notice › Section 204 - Notice of public hearings and public meetings to consider general plan or modifications.

Effective 5/3/2023
10-9a-204.
Notice of public hearings and public meetings to consider general plan or modifications.
(1) Each municipality shall provide:
(a) notice of the date, time, and place of the first public hearing to consider the original adoption or any modification of all or any portion of a general plan; and
(b) notice of each public meeting on the subject.
(2) Each notice of a public hearing under Subsection (1)(a) shall be at least 10 calendar days before the public hearing and shall be:
(a) published for the municipality, as a class A notice under Section 63G-30-102, for at least 10 days; and
(b) mailed to each affected entity.
(3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours before the meeting and shall be published for the municipality, as a class A notice under Section 63G-30-102, for at least 24 hours.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 2 - Notice › Section 205 - Notice of public hearings and public meetings on adoption or modification of land use regulation.

Effective 5/3/2023
10-9a-205.
Notice of public hearings and public meetings on adoption or modification of land use regulation.
(1) Each municipality shall give:
(a) notice of the date, time, and place of the first public hearing to consider the adoption or any modification of a land use regulation; and
(b) notice of each public meeting on the subject.
(2) Each notice of a public hearing under Subsection (1)(a) shall be:
(a) mailed to each affected entity at least 10 calendar days before the public hearing; and
(b) provided for the area directly affected by the land use ordinance change, as a class B notice under Section 63G-30-102, for at least 10 calendar days before the day of the public hearing.
(3) In addition to the notice requirements described in Subsections (1) and (2), for any proposed modification to the text of a zoning code, the notice posted in accordance with Subsection (2) shall:
(a) include a summary of the effect of the proposed modifications to the text of the zoning code designed to be understood by a lay person; and
(b) be provided to any person upon written request.
(4) Each notice of a public meeting under Subsection (1)(b) shall be provided for the municipality, as a class A notice under Section 63G-30-102, for at least 24 hours before the meeting.
(5)
(a) A municipality shall send a courtesy notice to each owner of private real property whose property is located entirely or partially within a proposed zoning map enactment or amendment at least 10 days before the scheduled day of the public hearing.
(b) The notice shall:
(i) identify with specificity each owner of record of real property that will be affected by the proposed zoning map or map amendments;
(ii) state the current zone in which the real property is located;
(iii) state the proposed new zone for the real property;
(iv) provide information regarding or a reference to the proposed regulations, prohibitions, and permitted uses that the property will be subject to if the zoning map or map amendment is adopted;
(v) state that the owner of real property may no later than 10 days after the day of the first public hearing file a written objection to the inclusion of the owner's property in the proposed zoning map or map amendment;
(vi) state the address where the property owner should file the protest;
(vii) notify the property owner that each written objection filed with the municipality will be provided to the municipal legislative body; and
(viii) state the location, date, and time of the public hearing described in Section 10-9a-502.
(c) If a municipality mails notice to a property owner in accordance with Subsection (2)(b) for a public hearing on a zoning map or map amendment, the notice required in this Subsection (5) may be included in or part of the notice described in Subsection (2)(b) rather than sent separately.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 2 - Notice › Section 206 - Third party notice -- High priority transportation corridor notice.

Effective 5/12/2020
10-9a-206.
Third party notice -- High priority transportation corridor notice.
(1)
(a) If a municipality requires notice to adjacent property owners, the municipality shall:
(i) mail notice to the record owner of each parcel within parameters specified by municipal ordinance; or
(ii) post notice on the property with a sign of sufficient size, durability, print quality, and location that is reasonably calculated to give notice to passers-by.
(b) If a municipality mails notice to third party property owners under Subsection (1)(a), it shall mail equivalent notice to property owners within an adjacent jurisdiction.
(2)
(a) As used in this Subsection (2), "high priority transportation corridor" means a transportation corridor identified as a high priority transportation corridor under Section 72-5-403.
(b) The Department of Transportation may request, in writing, that a municipality provide the department with electronic notice of each land use application received by the municipality that may adversely impact the development of a high priority transportation corridor.
(c) If the municipality receives a written request as provided in Subsection (2)(b), the municipality shall provide the Department of Transportation with timely electronic notice of each land use application that the request specifies.
(3)
(a) A large public transit district, as defined in Section 17B-2a-802, may request, in writing, that a municipality provide the large public transit district with electronic notice of each land use application received by the municipality that may impact the development of a major transit investment corridor.
(b) If the municipality receives a written request as provided in Subsection (3)(a), the municipality shall provide the large public transit district with timely electronic notice of each land use application that the request specifies.
Amended by Chapter 377, 2020 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 2 - Notice › Section 207 - Notice for an amendment to a subdivision -- Notice for vacation of or change to street.

10-9a-207.
Notice for an amendment to a subdivision -- Notice for vacation of or change to street.
(1)
(a) For an amendment to a subdivision, each municipality shall provide notice of the date, time, and place of at least one public meeting, as provided in Subsection (1)(b).
(b) At least 10 calendar days before the public meeting, the notice required under Subsection (1)(a) shall be:
(i) mailed and addressed to the record owner of each parcel within specified parameters of that property; or
(ii) posted on the property proposed for subdivision, in a visible location, with a sign of sufficient size, durability, and print quality that is reasonably calculated to give notice to passers-by.
(2) Each municipality shall provide notice as required by Section 10-9a-208 for a subdivision that involves a vacation, alteration, or amendment of a street.
Amended by Chapter 338, 2009 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 2 - Notice › Section 208 - Hearing and notice for petition to vacate a public street.

Effective 5/3/2023
10-9a-208.
Hearing and notice for petition to vacate a public street.
(1) For any petition to vacate some or all of a public street or municipal utility easement the legislative body shall:
(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.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 2 - Notice › Section 209 - Notice challenge.

10-9a-209.
Notice challenge.
If notice given under authority of this part is not challenged under Section 10-9a-801 within 30 days after the meeting or action for which notice is given, the notice is considered adequate and proper.
Enacted by Chapter 254, 2005 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 2 - Notice › Section 210 - Notice to municipality when a private institution of higher education is constructing student housing.

10-9a-210.
Notice to municipality when a private institution of higher education is constructing student housing.
(1) Each private institution of higher education that intends to construct student housing on property owned by the institution shall provide written notice of the intended construction, as provided in Subsection (2), before any funds are committed to the construction, if any of the proposed student housing buildings is within 300 feet of privately owned residential property.
(2) Each notice under Subsection (1) shall be provided to the legislative body and, if applicable, the mayor of:
(a) the county in whose unincorporated area the privately owned residential property is located; or
(b) the municipality in whose boundaries the privately owned residential property is located.
(3) At the request of a county or municipality that is entitled to notice under this section, the institution and the legislative body of the affected county or municipality shall jointly hold a public hearing to provide information to the public and receive input from the public about the proposed construction.
Enacted by Chapter 231, 2005 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 2 - Notice › Section 211 - Canal owner or operator -- Notice to municipality.

Effective 5/9/2017
10-9a-211.
Canal owner or operator -- Notice to municipality.
(1) A canal company or a canal operator shall ensure that each municipality in which the canal company or canal operator owns or operates a canal has on file, regarding the canal company or canal operator:
(a) a current mailing address and phone number;
(b) a contact name; and
(c) a general description of the location of each canal owned or operated by the canal owner or canal operator.
(2) If the information described in Subsection (1) changes after a canal company or a canal operator has provided the information to the municipality, the canal company or canal operator shall provide the correct information within 30 days of the day on which the information changes.
Amended by Chapter 410, 2017 General Session
Amended by Chapter 428, 2017 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 2 - Notice › Section 212 - Notice for an amendment to public improvements in a subdivision or development.

Effective 5/4/2022
10-9a-212.
Notice for an amendment to public improvements in a subdivision or development.
Before implementing an amendment to adopted specifications for public improvements that apply to a subdivision or a development, a municipality shall:
(1) hold a public hearing;
(2) mail a notice 30 days or more before the date of the public hearing to:
(a) each person who has submitted a land use application for which the land use authority has not issued a land use decision; and
(b) each person who makes a written request to receive a copy of the notice; and
(3) allow each person who receives a notice in accordance with Subsection (2) to provide public comment in writing before the public hearing or in person during the public hearing.
Amended by Chapter 355, 2022 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 2 - Notice › Section 213 - Hearing and notice procedures for modifying sign regulations.

Effective 5/14/2019
10-9a-213.
Hearing and notice procedures for modifying sign regulations.
(1)
(a) Prior to 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.
Enacted by Chapter 235, 2019 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 3 - General Land Use Provisions › Section 301 - Ordinance establishing planning commission required -- Ordinance requirements -- Compensation.

Effective 5/9/2017
10-9a-301.
Ordinance establishing planning commission required -- Ordinance requirements -- Compensation.
(1)
(a) Each municipality shall enact an ordinance establishing a planning commission.
(b) The ordinance shall define:
(i) the number and terms of the members and, if the municipality chooses, alternate members;
(ii) the mode of appointment;
(iii) the procedures for filling vacancies and removal from office;
(iv) the authority of the planning commission;
(v) subject to Subsection (1)(c), the rules of order and procedure for use by the planning commission in a public meeting; and
(vi) other details relating to the organization and procedures of the planning commission.
(c) Subsection (1)(b)(v) 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.
Amended by Chapter 70, 2017 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 3 - General Land Use Provisions › Section 303 - Entrance upon land.

10-9a-303.
Entrance upon land.
The municipality may enter upon any land at reasonable times to make examinations and surveys pertinent to the:
(1) preparation of its general plan; or
(2) preparation or enforcement of its land use ordinances.
Renumbered and Amended by Chapter 254, 2005 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 3 - General Land Use Provisions › Section 304 - State and federal property.

Effective 5/5/2021
10-9a-304.
State and federal property.
Unless otherwise provided by law, nothing contained in this chapter may be construed as giving a municipality jurisdiction over property owned by the state or the United States.
Amended by Chapter 363, 2021 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 3 - General Land Use Provisions › Section 306 - Land use authority requirements -- Nature of land use decision.

Effective 5/9/2017
10-9a-306.
Land use authority requirements -- Nature of land use decision.
(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.
Enacted by Chapter 84, 2017 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 4 - General Plan › Section 401 - General plan required -- Content.

Effective 3/2/2023
10-9a-401.
General plan required -- Content.
(1) To accomplish the purposes of this chapter, a municipality shall prepare and adopt a comprehensive, long-range general plan for:
(a) present and future needs of the municipality; and
(b) growth and development of all or any part of the land within the municipality.
(2) The general plan may provide for:
(a) health, general welfare, safety, energy conservation, transportation, prosperity, civic activities, aesthetics, and recreational, educational, and cultural opportunities;
(b) the reduction of the waste of physical, financial, or human resources that result from either excessive congestion or excessive scattering of population;
(c) the efficient and economical use, conservation, and production of the supply of:
(i) food and water; and
(ii) drainage, sanitary, and other facilities and resources;
(d) the use of energy conservation and solar and renewable energy resources;
(e) the protection of urban development;
(f) if the municipality is a town, the protection or promotion of moderate income housing;
(g) the protection and promotion of air quality;
(h) historic preservation;
(i) identifying future uses of land that are likely to require an expansion or significant modification of services or facilities provided by an affected entity; and
(j) an official map.
(3)
(a) The general plan of a specified municipality, as defined in Section 10-9a-408, shall include a moderate income housing element that meets the requirements of Subsection 10-9a-403(2)(a)(iii).
(b)
(i) This Subsection (3)(b) applies to a municipality that is not a specified municipality as of January 1, 2023.
(ii) As of January 1, if a municipality described in Subsection (3)(b)(i) changes from one class to another or grows in population to qualify as a specified municipality as defined in Section 10-9a-408, the municipality shall amend the municipality's general plan to comply with Subsection (3)(a) on or before August 1 of the first calendar year beginning on January 1 in which the municipality qualifies as a specified municipality.
(4) Subject to Subsection 10-9a-403(2), the municipality may determine the comprehensiveness, extent, and format of the general plan.
(5) Except for a city of the fifth class or a town, on or before December 31, 2025, a municipality that has a general plan that does not include a water use and preservation element that complies with Section 10-9a-403 shall amend the municipality's general plan to comply with Section 10-9a-403.
Amended by Chapter 88, 2023 General Session
2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 4 - General Plan › Section 402 - Information and technical assistance from the state.

10-9a-402.
Information and technical assistance from the state.
Each state official, department, and agency shall:
(1) promptly deliver any data and information requested by a municipality unless the disclosure is prohibited by Title 63G, Chapter 2, Government Records Access and Management Act; and
(2) furnish any other technical assistance and advice that they have available to the municipality without additional cost to the municipality.
Amended by Chapter 382, 2008 General Session