Enactment of land use regulation, land use decision, or development agreement.

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  • (1) Only a legislative body, as the body authorized to weigh policy considerations, may enact a land use regulation.
  • (2)
    • (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use regulation only by ordinance.
    • (b) A legislative body may, by ordinance or resolution, enact a land use regulation that imposes a fee.
  • (3) A legislative body shall ensure that a land use regulation is consistent with the purposes set forth in this chapter.
  • (4)
    • (a) A legislative body shall adopt a land use regulation to:
      • (i) create or amend a zoning district under Subsection 10-9a-503(1)(a); and
      • (ii) designate general uses allowed in each zoning district.
    • (b) A land use authority may establish or modify other restrictions or requirements other than those described in Subsection (4)(a), including the configuration or modification of uses or density, through a land use decision that applies criteria or policy elements that a land use regulation establishes or describes.
  • (5) A municipality may not adopt a land use regulation, development agreement, or land use decision that restricts the type of crop that may be grown in an area that is:
    • (a) zoned agricultural; or
    • (b) assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.




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