10-9a-504 - Temporary land use regulations.
10-9a-504. Temporary land use regulations.
(1) (a) A municipal legislative body may, without prior consideration of orrecommendation from the planning commission, enact an ordinance establishing a temporaryland use regulation for any part or all of the area within the municipality if:
(i) the legislative body makes a finding of compelling, countervailing public interest; or
(ii) the area is unregulated.
(b) A temporary land use regulation under Subsection (1)(a) may prohibit or regulate theerection, construction, reconstruction, or alteration of any building or structure or any subdivisionapproval.
(c) A temporary land use regulation under Subsection (1)(a) may not impose an impactfee or other financial requirement on building or development.
(2) The municipal legislative body shall establish a period of limited effect for theordinance not to exceed six months.
(3) (a) A municipal legislative body may, without prior planning commissionconsideration or recommendation, enact an ordinance establishing a temporary land useregulation prohibiting construction, subdivision approval, and other development activitieswithin an area that is the subject of an Environmental Impact Statement or a Major InvestmentStudy examining the area as a proposed highway or transportation corridor.
(b) A regulation under Subsection (3)(a):
(i) may not exceed six months in duration;
(ii) may be renewed, if requested by the Transportation Commission created underSection 72-1-301, for up to two additional six-month periods by ordinance enacted before theexpiration of the previous regulation; and
(iii) notwithstanding Subsections (3)(b)(i) and (ii), is effective only as long as theEnvironmental Impact Statement or Major Investment Study is in progress.
Renumbered and Amended by Chapter 254, 2005 General Session