United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-1001

Source excerpt

building permitscertificate of occupancyconstruction complianceinfrastructure improvementslandscapinglandscaping improvementsmunicipal regulationoccupancy certificatespermit administrationpermit approval conditionspermit issuanceroad constructionsidewalk improvementssidewalkssignagetemporary fire apparatus roadstemporary signage

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“Enforcement -- Limitations on a municipality's ability to enforce an ordinance by withholding a permit or certificate. A municipality or a land use applicant may, in addition to other remedies provided by law, institute: injunctions,”

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Enforcement -- Limitations on a municipality's ability to enforce an ordinance by withholding a permit or certificate.

Section 10-20-1001

Subsection 10-20-1001(2)(c)

A municipality may not issue a building permit unless the plans fully conform to all regulations then in effect.

Section 10-20-1001(2)(c)

Subsection 10-20-1001(3)(b)(i)

for a building permit: operable fire hydrants installed in a manner that is consistent with the municipality's adopted engineering standards; and for temporary roads used during construction, a properly compacted road base installed in a

Section 10-20-1001(3)(b)(i)

Subsection 10-20-1001(4)

A municipality may not deny a building permit or certificate of occupancy because an applicant did not submit a private landscaping plan or complete a non-public landscaping improvement.

Section 10-20-1001(4)

Subsection 10-20-1001(9)

A municipality may withhold a certificate of occupancy for certain homes until the adjacent public sidewalk segment is completed and accepted.

Section 10-20-1001(9)

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Showing 37 of 37 provisions

Provision 37

Part 10-20-10

part 10-20-10 Enforcement

§ 10-20-1001Enforcement -- Limitations on a municipality's ability to enforce an ordinance by withholding a permit or certificate.Provision

Source excerpt

Enforcement -- Limitations on a municipality's ability to enforce an ordinance by withholding a permit or certificate. A municipality or a land use applicant may, in addition to other remedies provided by law, institute: injunctions, mandamus, abatement, or any other appropriate actions; or proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act. A municipality need only establish the violation to obtain the injunction. Except as provided in Subsections (3) through (6), a municipality may enforce the municipality's ordinance by withholding a building permit or certificate of occupancy. 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. 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. A municipality may require an applicant to maintain and repair a temporary fire apparatus road during the construction of a structure accessed by the temporary fire apparatus road in accordance with the municipality's adopted standards. A municipality may require temporary signs to be installed at each street intersection once construction of a new roadway allows passage by a motor vehicle. A municipality may adopt and enforce any appendix of the International Fire Code, 2021 Edition. A municipality may not deny an applicant a building permit or certificate of occupancy because the applicant has not completed an infrastructure improvement: unless the infrastructure improvement is essential to meet the requirements for the issuance of a building permit or certificate of occupancy under Title 15A, State Construction and Fire Codes Act; and for which the municipality has accepted an improvement completion assurance for a public landscaping improvement, as defined in Section 10-20-807 , or an infrastructure improvement for the development. For purposes of Subsection (3)(a)(i) , notwithstanding Section 15A-5-205.6 , infrastructure improvement that is essential means: for a building permit: operable fire hydrants installed in a manner that is consistent with the municipality's adopted engineering standards; and for temporary roads used during construction, a properly compacted road base installed in a manner consistent with the municipality's adopted engineering standards; for a certificate of occupancy, at the discretion of the municipality, at least one of the following: a permanent road; a temporary road covered with asphalt or concrete; or another method for accessing a structure consistent with Appendix D of the International Fire Code; and public infrastructure necessary for the health, life, and safety of the occupant. A municipality may not adopt an engineering standard that requires an applicant to install a permanent road or a temporary road with asphalt or concrete before receiving a building permit. A municipality may not deny an applicant a building permit or certificate of occupancy for failure to: submit a private landscaping plan, as defined in Section 10-20-807 ; or complete a landscaping improvement that is not a public landscaping improvement, as defined in Section 10-20-807 . A municipality may not withhold a building permit based on the lack of completion of a portion of a public sidewalk to be constructed within a public right-of-way serving a lot where a single-family or two-family residence or town home is proposed in a building permit application if an improvement completion assurance has been posted for the incomplete portion of the public sidewalk. A municipality may not prohibit the construction of a single-family or two-family residence or town home, withhold recording a plat, or withhold acceptance of a public landscaping improvement, as defined in Section 10-20-807 , or an infrastructure improvement based on the lack of installation of a public sidewalk if an improvement completion assurance has been posted for the public sidewalk. A municipality may not redeem an improvement completion assurance securing the installation of a public sidewalk sooner than 18 months after the date the improvement completion assurance is posted. A municipality shall allow an applicant to post an improvement completion assurance for a public sidewalk separate from an improvement completion assurance for: another infrastructure improvement; or a public landscaping improvement, as defined in Section 10-20-807 . A municipality may withhold a certificate of occupancy for a single-family or two-family residence or town home until the portion of the public sidewalk to be constructed within a public right-of-way and located immediately adjacent to the single-family or two-family residence or town home is completed and accepted by the municipality.

Section 10-20-1001Verify source

§ 10-20-1001(1)Subsection 10-20-1001(1)Provision

Source excerpt

A municipality or land use applicant may bring certain actions or proceedings to stop or remove an unlawful building, use, or act.

A municipality or a land use applicant may, in addition to other remedies provided by law, institute: injunctions, mandamus, abatement, or any other appropriate actions; or proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act. A municipality need only establish the violation to obtain the injunction.

Section 10-20-1001(1)Verify source

§ 10-20-1001(1)(a)Subsection 10-20-1001(1)(a)Provision

Source excerpt

A municipality or land use applicant may bring certain legal actions to stop or remove an unlawful building, use, or act, in addition to other remedies provided by law.

Section 10-20-1001(1)(a)Verify source

§ 10-20-1001(1)(a)(i)Subsection 10-20-1001(1)(a)(i)Provision

Source excerpt

injunctions, mandamus, abatement, or any other appropriate actions; or

Section 10-20-1001(1)(a)(i)Verify source

§ 10-20-1001(1)(a)(ii)Subsection 10-20-1001(1)(a)(ii)Provision

Source excerpt

proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.

Section 10-20-1001(1)(a)(ii)Verify source

§ 10-20-1001(1)(b)Subsection 10-20-1001(1)(b)Provision

Source excerpt

A municipality must show the violation to get an injunction.

A municipality need only establish the violation to obtain the injunction.

Section 10-20-1001(1)(b)Verify source

§ 10-20-1001(2)Subsection 10-20-1001(2)Provision

Source excerpt

A municipality may withhold a building permit or certificate of occupancy to enforce its ordinance, except as provided in Subsections (3) through (6). It may also require certain construction-related measures, and it may adopt and enforce any appendix of the 2021 International Fire Code.

Except as provided in Subsections (3) through (6), a municipality may enforce the municipality's ordinance by withholding a building permit or certificate of occupancy. 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. 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. A municipality may require an applicant to maintain and repair a temporary fire apparatus road during the construction of a structure accessed by the temporary fire apparatus road in accordance with the municipality's adopted standards. A municipality may require temporary signs to be installed at each street intersection once construction of a new roadway allows passage by a motor vehicle. A municipality may adopt and enforce any appendix of the International Fire Code, 2021 Edition.

Section 10-20-1001(2)Verify source

§ 10-20-1001(2)(a)Subsection 10-20-1001(2)(a)Provision

Source excerpt

A municipality may enforce its ordinance by withholding a building permit or certificate of occupancy, except as provided in Subsections (3) through (6).

Except as provided in Subsections (3) through (6), a municipality may enforce the municipality's ordinance by withholding a building permit or certificate of occupancy.

Section 10-20-1001(2)(a)Verify source

§ 10-20-1001(2)(b)Subsection 10-20-1001(2)(b)Provision

Source excerpt

It is an infraction to do certain building work or change a structure’s use within a municipality without building-permit approval.

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.

Section 10-20-1001(2)(b)Verify source

§ 10-20-1001(2)(c)Subsection 10-20-1001(2)(c)Provision

Source excerpt

A municipality may not issue a building permit unless the plans fully conform to all regulations then in effect.

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.

Section 10-20-1001(2)(c)Verify source

§ 10-20-1001(2)(d)Subsection 10-20-1001(2)(d)Provision

Source excerpt

A municipality may require an applicant to maintain and repair a temporary fire apparatus road.

A municipality may require an applicant to maintain and repair a temporary fire apparatus road during the construction of a structure accessed by the temporary fire apparatus road in accordance with the municipality's adopted standards.

Section 10-20-1001(2)(d)Verify source

§ 10-20-1001(2)(e)Subsection 10-20-1001(2)(e)Provision

Source excerpt

A municipality may require temporary signs at each street intersection after a new roadway is far enough along to allow motor vehicle passage.

A municipality may require temporary signs to be installed at each street intersection once construction of a new roadway allows passage by a motor vehicle.

Section 10-20-1001(2)(e)Verify source

§ 10-20-1001(2)(f)Subsection 10-20-1001(2)(f)Provision

Source excerpt

A municipality may adopt and enforce any appendix of the International Fire Code, 2021 Edition.

Section 10-20-1001(2)(f)Verify source

§ 10-20-1001(3)Subsection 10-20-1001(3)Provision

Source excerpt

A municipality may not deny a building permit or certificate of occupancy just because an applicant has not finished an infrastructure improvement, unless the improvement is essential and the municipality has accepted completion assurance.

A municipality may not deny an applicant a building permit or certificate of occupancy because the applicant has not completed an infrastructure improvement: unless the infrastructure improvement is essential to meet the requirements for the issuance of a building permit or certificate of occupancy under Title 15A, State Construction and Fire Codes Act; and for which the municipality has accepted an improvement completion assurance for a public landscaping improvement, as defined in Section 10-20-807 , or an infrastructure improvement for the development. For purposes of Subsection (3)(a)(i) , notwithstanding Section 15A-5-205.6 , infrastructure improvement that is essential means: for a building permit: operable fire hydrants installed in a manner that is consistent with the municipality's adopted engineering standards; and for temporary roads used during construction, a properly compacted road base installed in a manner consistent with the municipality's adopted engineering standards; for a certificate of occupancy, at the discretion of the municipality, at least one of the following: a permanent road; a temporary road covered with asphalt or concrete; or another method for accessing a structure consistent with Appendix D of the International Fire Code; and public infrastructure necessary for the health, life, and safety of the occupant. A municipality may not adopt an engineering standard that requires an applicant to install a permanent road or a temporary road with asphalt or concrete before receiving a building permit.

Section 10-20-1001(3)Verify source

§ 10-20-1001(3)(a)Subsection 10-20-1001(3)(a)Provision

Source excerpt

A municipality may not deny a building permit or certificate of occupancy solely because an applicant has not finished an infrastructure improvement, unless the improvement is essential for the permit or certificate and the municipality has accepted completion assurance for it.

Section 10-20-1001(3)(a)Verify source

§ 10-20-1001(3)(a)(i)Subsection 10-20-1001(3)(a)(i)Provision

Source excerpt

The rule does not apply when the infrastructure improvement is essential for getting a building permit or certificate of occupancy under Title 15A.

unless the infrastructure improvement is essential to meet the requirements for the issuance of a building permit or certificate of occupancy under Title 15A, State Construction and Fire Codes Act; and

Section 10-20-1001(3)(a)(i)Verify source

§ 10-20-1001(3)(a)(ii)Subsection 10-20-1001(3)(a)(ii)Provision

Source excerpt

for which the municipality has accepted an improvement completion assurance for a public landscaping improvement, as defined in Section 10-20-807 , or an infrastructure improvement for the development.

Section 10-20-1001(3)(a)(ii)Verify source

§ 10-20-1001(3)(b)Subsection 10-20-1001(3)(b)Provision

Source excerpt

This subsection defines “infrastructure improvement that is essential” for Subsection (3)(a)(i).

For purposes of Subsection (3)(a)(i) , notwithstanding Section 15A-5-205.6 , infrastructure improvement that is essential means: for a building permit: operable fire hydrants installed in a manner that is consistent with the municipality's adopted engineering standards; and for temporary roads used during construction, a properly compacted road base installed in a manner consistent with the municipality's adopted engineering standards; for a certificate of occupancy, at the discretion of the municipality, at least one of the following: a permanent road; a temporary road covered with asphalt or concrete; or another method for accessing a structure consistent with Appendix D of the International Fire Code; and public infrastructure necessary for the health, life, and safety of the occupant.

Section 10-20-1001(3)(b)Verify source

§ 10-20-1001(3)(b)(i)Subsection 10-20-1001(3)(b)(i)Provision

Source excerpt

Section 10-20-1001(3)(b)(i)Verify source

§ 10-20-1001(3)(b)(i)(A)Subsection 10-20-1001(3)(b)(i)(A)Provision

Source excerpt

operable fire hydrants installed in a manner that is consistent with the municipality's adopted engineering standards; and

Section 10-20-1001(3)(b)(i)(A)Verify source

§ 10-20-1001(3)(b)(i)(B)Subsection 10-20-1001(3)(b)(i)(B)Provision

Source excerpt

for temporary roads used during construction, a properly compacted road base installed in a manner consistent with the municipality's adopted engineering standards;

Section 10-20-1001(3)(b)(i)(B)Verify source

§ 10-20-1001(3)(b)(ii)Subsection 10-20-1001(3)(b)(ii)Provision

Source excerpt

For a certificate of occupancy, the municipality may require at least one approved access method: a permanent road, a temporary asphalt- or concrete-covered road, or another access method consistent with Appendix D of the International Fire Code.

for a certificate of occupancy, at the discretion of the municipality, at least one of the following: a permanent road; a temporary road covered with asphalt or concrete; or another method for accessing a structure consistent with Appendix D of the International Fire Code; and

Section 10-20-1001(3)(b)(ii)Verify source

§ 10-20-1001(3)(b)(ii)(A)Subsection 10-20-1001(3)(b)(ii)(A)Provision

Source excerpt

a permanent road;

Section 10-20-1001(3)(b)(ii)(A)Verify source

§ 10-20-1001(3)(b)(ii)(B)Subsection 10-20-1001(3)(b)(ii)(B)Provision

Source excerpt

A temporary road covered with asphalt or concrete.

a temporary road covered with asphalt or concrete; or

Section 10-20-1001(3)(b)(ii)(B)Verify source

§ 10-20-1001(3)(b)(ii)(C)Subsection 10-20-1001(3)(b)(ii)(C)Provision

Source excerpt

another method for accessing a structure consistent with Appendix D of the International Fire Code; and

Section 10-20-1001(3)(b)(ii)(C)Verify source

§ 10-20-1001(3)(b)(iii)Subsection 10-20-1001(3)(b)(iii)Provision

Source excerpt

public infrastructure necessary for the health, life, and safety of the occupant.

Section 10-20-1001(3)(b)(iii)Verify source

§ 10-20-1001(3)(c)Subsection 10-20-1001(3)(c)Provision

Source excerpt

A municipality may not adopt an engineering standard requiring certain roads to be installed before a building permit is issued.

A municipality may not adopt an engineering standard that requires an applicant to install a permanent road or a temporary road with asphalt or concrete before receiving a building permit.

Section 10-20-1001(3)(c)Verify source

§ 10-20-1001(4)Subsection 10-20-1001(4)Provision

Source excerpt

A municipality may not deny a building permit or certificate of occupancy because an applicant did not submit a private landscaping plan or complete a non-public landscaping improvement.

A municipality may not deny an applicant a building permit or certificate of occupancy for failure to: submit a private landscaping plan, as defined in Section 10-20-807 ; or complete a landscaping improvement that is not a public landscaping improvement, as defined in Section 10-20-807 .

Section 10-20-1001(4)Verify source

§ 10-20-1001(4)(a)Subsection 10-20-1001(4)(a)Provision

Source excerpt

submit a private landscaping plan, as defined in Section 10-20-807 ; or

Section 10-20-1001(4)(a)Verify source

§ 10-20-1001(4)(b)Subsection 10-20-1001(4)(b)Provision

Source excerpt

The item must be a landscaping improvement that is not a public landscaping improvement.

complete a landscaping improvement that is not a public landscaping improvement, as defined in Section 10-20-807 .

Section 10-20-1001(4)(b)Verify source

§ 10-20-1001(5)Subsection 10-20-1001(5)Provision

Source excerpt

A municipality may not withhold a building permit based on the lack of completion of a portion of a public sidewalk to be constructed within a public right-of-way serving a lot where a single-family or two-family residence or town home is proposed in a building permit application if an improvement completion assurance has been posted for the incomplete portion of the public sidewalk.

Section 10-20-1001(5)Verify source

§ 10-20-1001(6)Subsection 10-20-1001(6)Provision

Source excerpt

A municipality may not block certain residential construction, plat recording, or acceptance of listed improvements when a sidewalk improvement completion assurance has been posted.

A municipality may not prohibit the construction of a single-family or two-family residence or town home, withhold recording a plat, or withhold acceptance of a public landscaping improvement, as defined in Section 10-20-807 , or an infrastructure improvement based on the lack of installation of a public sidewalk if an improvement completion assurance has been posted for the public sidewalk.

Section 10-20-1001(6)Verify source

§ 10-20-1001(7)Subsection 10-20-1001(7)Provision

Source excerpt

A municipality may not redeem an improvement completion assurance for a public sidewalk until at least 18 months after it is posted.

A municipality may not redeem an improvement completion assurance securing the installation of a public sidewalk sooner than 18 months after the date the improvement completion assurance is posted.

Section 10-20-1001(7)Verify source

§ 10-20-1001(8)Subsection 10-20-1001(8)Provision

Source excerpt

A municipality must allow an applicant to post a separate improvement completion assurance for a public sidewalk.

A municipality shall allow an applicant to post an improvement completion assurance for a public sidewalk separate from an improvement completion assurance for: another infrastructure improvement; or a public landscaping improvement, as defined in Section 10-20-807 .

Section 10-20-1001(8)Verify source

§ 10-20-1001(8)(a)Subsection 10-20-1001(8)(a)Provision

Source excerpt

another infrastructure improvement; or

Section 10-20-1001(8)(a)Verify source

§ 10-20-1001(8)(b)Subsection 10-20-1001(8)(b)Provision

Source excerpt

a public landscaping improvement, as defined in Section 10-20-807 .

Section 10-20-1001(8)(b)Verify source

§ 10-20-1001(9)Subsection 10-20-1001(9)Provision

Source excerpt

A municipality may withhold a certificate of occupancy for certain homes until the adjacent public sidewalk segment is completed and accepted.

A municipality may withhold a certificate of occupancy for a single-family or two-family residence or town home until the portion of the public sidewalk to be constructed within a public right-of-way and located immediately adjacent to the single-family or two-family residence or town home is completed and accepted by the municipality.

Section 10-20-1001(9)Verify source

Legislative relationships

2 referenced instruments

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2 instruments

International Fire Code
Sections 10-20-1001(3), 10-20-1001(3)(b), 10-20-1001(3)(b)(ii), 10-20-1001(3)(b)(ii)(C)
International Fire Code, 2021
Sections 10-20-1001, 10-20-1001(2), 10-20-1001(2)(f)

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Utah Code § 10-20-1001

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