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 they own, lease, or in which they hold some other beneficial interest may apply to the applicable appeal authority for a variance from the terms of the ordinance.
A land use authority is a person, group, or agency designated by the municipality to execute land-use regulations. Every municipality has one or more land use authorities. Land use authorities commonly include the Planning Commission, the City/Town Council, or other elected officials.
Annexation is the formal process of incorporating additional property, previously part of an unincorporated county, into a municipality’s jurisdictional boundaries. The incorporation of this property into the existing municipality makes the new territory subject to the municipality’s various plans, codes, and ordinances.
A development agreement is a contract between a local county or municipality and a private party (land owners or developer) that helps both parties work together throughout the development process for a specific development project. Land owners and developers like development agreements because they provide regulatory and political assurances during the development process that make projects more viable. These assurances pertain to development phasing, rules and regulations pertaining to the development of a specific property, critical infrastructure responsibilities and coordination, and more. Local counties and municipalities like development agreements because they are a way to incentivize development, promote economic growth, and ensure that proposed development is in compliance with adopted rules and regulations and the overall vision of the community.
Whereas the focus of zoning pertains to the use of land, subdivisions concern the division of land. A subdivision is defined in Utah State Code as “any land that is divided, resubdivided, or proposed to be divided into two or more lots or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions. It includes the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and divisions of land for residential and nonresidential uses, including land to be used for commercial, agricultural, and industrial purposes” (§10-9a-103(65)(a)).
Counties and municipalities can play an important role in water conservation through the ordinances they adopt. Water-wise ordinances and conservation plans are particularly vital for municipalities experiencing new development, those rooted in agriculture, and those facing periods of drought. Understanding federal and state water regulations is key to creating and implementing the right water-wise ordinances and conservation plans for your community.
Accessory Dwelling Units (ADUs) are becoming a popular choice among Utah communities working to meet the requirements of the State’s affordable housing mandate. In addition to providing a simple way of creating more affordable housing, ADUs also make it easier for a community’s residents to take care of their aging relatives, support their adult children, and supplement their income by renting out extra space in their home.
Counties and municipalities alike are required by law to inform the public about certain meetings, actions, and decisions. Making the required information about these events available to the public is referred to as providing “public notice.”
Temporary land use regulations are used by municipalities and counties in times of emergency. (i.e. When the legislative body decides the normal public process is too slow to address a critically important situation.)
In 2022 the Utah State Legislature passed Senate Bill 110 (S.B. 110), which modified the content requirements of general plans to address water as a required element. Specifically S.B. 110:
