United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-302

Source excerpt

amendments to land use regulationsappealsapplication reviewethicsgovernanceland subdivisionland useland use regulationland use traininglegislative recommendationlocal governmentmunicipal classificationmunicipal governancemunicipal ordinancesplanning approvalsplanning commissionpopulation thresholdpublic hearingpublic hearingsrecordkeepingregulatory amendmentsubdivision of landtrainingtraining compliancezoning

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

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Purpose and legislative effect

“Planning commission powers and duties -- Training requirements. The planning commission shall review and make a recommendation to the legislative body for: a general plan and amendments to the general plan; land use regulations, including:”

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Planning commission powers and duties -- Training requirements.

Section 10-20-302

Subsection 10-20-302(2)

Before recommending an item described in Subsection (1)(a) or (b) to a legislative body, the planning commission must hold a public hearing.

Section 10-20-302(2)

Subsection 10-20-302(5)(b)(i)

one hour of annual training on general powers and duties, including the role of the planning commission in administrative, legislative, and quasi-judicial functions under this chapter; and

Section 10-20-302(5)(b)(i)

Subsection 10-20-302(5)(b)(ii)(L)

ex parte communication; and

Section 10-20-302(5)(b)(ii)(L)

Subsection 10-20-302(5)(f)(ii)

A record of training completion must be maintained at the end of each calendar year.

Section 10-20-302(5)(f)(ii)

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Showing 51 of 51 provisions

Provision 51

Part 10-20-3

part 10-20-3 General Land Use Provisions

§ 10-20-302Planning commission powers and duties -- Training requirements.Provision

Source excerpt

Planning commission powers and duties -- Training requirements. The planning commission shall review and make a recommendation to the legislative body for: a general plan and amendments to the general plan; land use regulations, including: ordinances regarding the subdivision of land within the municipality; and amendments to existing land use regulations; an appropriate delegation of power to at least one designated land use authority to hear and act on a land use application; an appropriate delegation of power to at least one appeal authority to hear and act on an appeal from a decision of the land use authority; and application processes that: may include a designation of routine land use matters that, upon application and proper notice, will receive informal streamlined review and action if the application is uncontested; and shall protect the right of each: land use applicant and adversely affected party to require formal consideration of any application by a land use authority; and land use applicant or adversely affected party to appeal a land use authority's decision to a separate appeal authority. Before making a recommendation to a legislative body on an item described in Subsection (1)(a) or (b) , the planning commission shall hold a public hearing in accordance with Section 10-20-405 . A legislative body may adopt, modify, or reject a planning commission's recommendation to the legislative body under this section. Nothing in this section limits the right of a municipality to initiate or propose the actions described in this section. This Subsection (5) applies to: a city of the first, second, third, or fourth class; and a city of the fifth class with a population of 5,000 or more, if the city is located within a county of the first, second, or third class. The population for each city described in Subsection (5)(a)(i) shall be derived from: an estimate of the Utah Population Committee created in Section 63C-20-103 ; or if the Utah Population Committee estimate is not available, the most recent official census or census estimate of the United States Census Bureau. A municipality described in Subsection (5)(a)(i) shall ensure that each member of the municipality's planning commission completes four hours of annual land use training as follows: one hour of annual training on general powers and duties, including the role of the planning commission in administrative, legislative, and quasi-judicial functions under this chapter; and three hours of annual training on a combination of land use and ethics topics, which may include: appeals and variances; conditional use permits; exactions; impact fees; vested rights; subdivision regulations and improvement guarantees; land use referenda; property rights; real estate procedures and financing; zoning, including use-based and form-based; drafting ordinances and code that complies with statute; ex parte communication; and conflict of interest. A newly appointed planning commission member may not participate in a public meeting as an appointed member until the member completes the training described in Subsection (5)(b)(i). A planning commission member may qualify for one completed hour of training required under Subsection (5)(b)(ii) if the member attends, as an appointed member, 12 public meetings of the planning commission within a calendar year. A municipality shall provide the training described in Subsection (5)(b) through: municipal staff; the Utah League of Cities and Towns; or a list of training courses selected by: the Utah League of Cities and Towns; or the Division of Real Estate created in Section 61-2-201 . A municipality shall, for each planning commission member: monitor compliance with the training requirements in Subsection (5)(b); and maintain a record of training completion at the end of each calendar year.

Section 10-20-302Verify source

§ 10-20-302(1)Subsection 10-20-302(1)Provision

Source excerpt

The planning commission must review and recommend specified land-use items to the legislative body, including general plans, land use regulations, delegation of land-use and appeal authority, and application processes.

The planning commission shall review and make a recommendation to the legislative body for: a general plan and amendments to the general plan; land use regulations, including: ordinances regarding the subdivision of land within the municipality; and amendments to existing land use regulations; an appropriate delegation of power to at least one designated land use authority to hear and act on a land use application; an appropriate delegation of power to at least one appeal authority to hear and act on an appeal from a decision of the land use authority; and application processes that: may include a designation of routine land use matters that, upon application and proper notice, will receive informal streamlined review and action if the application is uncontested; and shall protect the right of each: land use applicant and adversely affected party to require formal consideration of any application by a land use authority; and land use applicant or adversely affected party to appeal a land use authority's decision to a separate appeal authority.

Section 10-20-302(1)Verify source

§ 10-20-302(1)(a)Subsection 10-20-302(1)(a)Provision

Source excerpt

a general plan and amendments to the general plan;

Section 10-20-302(1)(a)Verify source

§ 10-20-302(1)(b)Subsection 10-20-302(1)(b)Provision

Source excerpt

land use regulations, including: ordinances regarding the subdivision of land within the municipality; and amendments to existing land use regulations;

Section 10-20-302(1)(b)Verify source

§ 10-20-302(1)(b)(i)Subsection 10-20-302(1)(b)(i)Provision

Source excerpt

ordinances regarding the subdivision of land within the municipality; and

Section 10-20-302(1)(b)(i)Verify source

§ 10-20-302(1)(b)(ii)Subsection 10-20-302(1)(b)(ii)Provision

Source excerpt

amendments to existing land use regulations;

Section 10-20-302(1)(b)(ii)Verify source

§ 10-20-302(1)(c)Subsection 10-20-302(1)(c)Provision

Source excerpt

an appropriate delegation of power to at least one designated land use authority to hear and act on a land use application;

Section 10-20-302(1)(c)Verify source

§ 10-20-302(1)(d)Subsection 10-20-302(1)(d)Provision

Source excerpt

an appropriate delegation of power to at least one appeal authority to hear and act on an appeal from a decision of the land use authority; and

Section 10-20-302(1)(d)Verify source

§ 10-20-302(1)(e)Subsection 10-20-302(1)(e)Provision

Source excerpt

Application processes may designate routine land use matters for informal streamlined review and action when properly noticed and uncontested, while protecting applicants’ and adversely affected parties’ rights to formal consideration and appeal.

application processes that: may include a designation of routine land use matters that, upon application and proper notice, will receive informal streamlined review and action if the application is uncontested; and shall protect the right of each: land use applicant and adversely affected party to require formal consideration of any application by a land use authority; and land use applicant or adversely affected party to appeal a land use authority's decision to a separate appeal authority.

Section 10-20-302(1)(e)Verify source

§ 10-20-302(1)(e)(i)Subsection 10-20-302(1)(e)(i)Provision

Source excerpt

The provision allows a designation of routine land use matters that may receive informal streamlined review and action when there is an application, proper notice, and no contest to the application.

may include a designation of routine land use matters that, upon application and proper notice, will receive informal streamlined review and action if the application is uncontested; and

Section 10-20-302(1)(e)(i)Verify source

§ 10-20-302(1)(e)(ii)Subsection 10-20-302(1)(e)(ii)Provision

Source excerpt

The provision protects a land use applicant’s and an adversely affected party’s right to have an application formally considered and to appeal a land use authority’s decision to a separate appeal authority.

shall protect the right of each: land use applicant and adversely affected party to require formal consideration of any application by a land use authority; and land use applicant or adversely affected party to appeal a land use authority's decision to a separate appeal authority.

Section 10-20-302(1)(e)(ii)Verify source

§ 10-20-302(1)(e)(ii)(A)Subsection 10-20-302(1)(e)(ii)(A)Provision

Source excerpt

land use applicant and adversely affected party to require formal consideration of any application by a land use authority; and

Section 10-20-302(1)(e)(ii)(A)Verify source

§ 10-20-302(1)(e)(ii)(B)Subsection 10-20-302(1)(e)(ii)(B)Provision

Source excerpt

A land use applicant or adversely affected party may appeal a land use authority’s decision to a separate appeal authority.

land use applicant or adversely affected party to appeal a land use authority's decision to a separate appeal authority.

Section 10-20-302(1)(e)(ii)(B)Verify source

§ 10-20-302(2)Subsection 10-20-302(2)Provision

Source excerpt

Before recommending an item described in Subsection (1)(a) or (b) to a legislative body, the planning commission must hold a public hearing.

Before making a recommendation to a legislative body on an item described in Subsection (1)(a) or (b) , the planning commission shall hold a public hearing in accordance with Section 10-20-405 .

Section 10-20-302(2)Verify source

§ 10-20-302(3)Subsection 10-20-302(3)Provision

Source excerpt

A legislative body may adopt, modify, or reject a planning commission’s recommendation under this section.

A legislative body may adopt, modify, or reject a planning commission's recommendation to the legislative body under this section.

Section 10-20-302(3)Verify source

§ 10-20-302(4)Subsection 10-20-302(4)Provision

Source excerpt

A municipality may initiate or propose the actions described in this section.

Nothing in this section limits the right of a municipality to initiate or propose the actions described in this section.

Section 10-20-302(4)Verify source

§ 10-20-302(5)Subsection 10-20-302(5)Provision

Source excerpt

This subsection applies to certain cities and requires municipalities to make sure planning commission members complete annual land use training.

This Subsection (5) applies to: a city of the first, second, third, or fourth class; and a city of the fifth class with a population of 5,000 or more, if the city is located within a county of the first, second, or third class. The population for each city described in Subsection (5)(a)(i) shall be derived from: an estimate of the Utah Population Committee created in Section 63C-20-103 ; or if the Utah Population Committee estimate is not available, the most recent official census or census estimate of the United States Census Bureau. A municipality described in Subsection (5)(a)(i) shall ensure that each member of the municipality's planning commission completes four hours of annual land use training as follows: one hour of annual training on general powers and duties, including the role of the planning commission in administrative, legislative, and quasi-judicial functions under this chapter; and three hours of annual training on a combination of land use and ethics topics, which may include: appeals and variances; conditional use permits; exactions; impact fees; vested rights; subdivision regulations and improvement guarantees; land use referenda; property rights; real estate procedures and financing; zoning, including use-based and form-based; drafting ordinances and code that complies with statute; ex parte communication; and conflict of interest. A newly appointed planning commission member may not participate in a public meeting as an appointed member until the member completes the training described in Subsection (5)(b)(i). A planning commission member may qualify for one completed hour of training required under Subsection (5)(b)(ii) if the member attends, as an appointed member, 12 public meetings of the planning commission within a calendar year. A municipality shall provide the training described in Subsection (5)(b) through: municipal staff; the Utah League of Cities and Towns; or a list of training courses selected by: the Utah League of Cities and Towns; or the Division of Real Estate created in Section 61-2-201 . A municipality shall, for each planning commission member: monitor compliance with the training requirements in Subsection (5)(b); and maintain a record of training completion at the end of each calendar year.

Section 10-20-302(5)Verify source

§ 10-20-302(5)(a)Subsection 10-20-302(5)(a)Provision

Source excerpt

This subsection applies to certain Utah cities based on class, population, and county class, and it tells how to determine population.

Section 10-20-302(5)(a)Verify source

§ 10-20-302(5)(a)(i)Subsection 10-20-302(5)(a)(i)Provision

Source excerpt

This subsection applies to certain cities by class and population.

Section 10-20-302(5)(a)(i)Verify source

§ 10-20-302(5)(a)(i)(A)Subsection 10-20-302(5)(a)(i)(A)Provision

Source excerpt

a city of the first, second, third, or fourth class; and

Section 10-20-302(5)(a)(i)(A)Verify source

§ 10-20-302(5)(a)(i)(B)Subsection 10-20-302(5)(a)(i)(B)Provision

Source excerpt

Applies to a city of the fifth class with at least 5,000 people, located in a county of the first, second, or third class.

a city of the fifth class with a population of 5,000 or more, if the city is located within a county of the first, second, or third class.

Section 10-20-302(5)(a)(i)(B)Verify source

§ 10-20-302(5)(a)(ii)Subsection 10-20-302(5)(a)(ii)Provision

Source excerpt

The population for each city in Subsection (5)(a)(i) must be calculated from the Utah Population Committee estimate, or if that estimate is unavailable, from the most recent official Census Bureau census or estimate.

The population for each city described in Subsection (5)(a)(i) shall be derived from: an estimate of the Utah Population Committee created in Section 63C-20-103 ; or if the Utah Population Committee estimate is not available, the most recent official census or census estimate of the United States Census Bureau.

Section 10-20-302(5)(a)(ii)Verify source

§ 10-20-302(5)(a)(ii)(A)Subsection 10-20-302(5)(a)(ii)(A)Provision

Source excerpt

an estimate of the Utah Population Committee created in Section 63C-20-103 ; or

Section 10-20-302(5)(a)(ii)(A)Verify source

§ 10-20-302(5)(a)(ii)(B)Subsection 10-20-302(5)(a)(ii)(B)Provision

Source excerpt

if the Utah Population Committee estimate is not available, the most recent official census or census estimate of the United States Census Bureau.

Section 10-20-302(5)(a)(ii)(B)Verify source

§ 10-20-302(5)(b)Subsection 10-20-302(5)(b)Provision

Source excerpt

The municipality must ensure each planning commission member completes 4 hours of annual land use training.

A municipality described in Subsection (5)(a)(i) shall ensure that each member of the municipality's planning commission completes four hours of annual land use training as follows: one hour of annual training on general powers and duties, including the role of the planning commission in administrative, legislative, and quasi-judicial functions under this chapter; and three hours of annual training on a combination of land use and ethics topics, which may include: appeals and variances; conditional use permits; exactions; impact fees; vested rights; subdivision regulations and improvement guarantees; land use referenda; property rights; real estate procedures and financing; zoning, including use-based and form-based; drafting ordinances and code that complies with statute; ex parte communication; and conflict of interest.

Section 10-20-302(5)(b)Verify source

§ 10-20-302(5)(b)(i)Subsection 10-20-302(5)(b)(i)Provision

Source excerpt

one hour of annual training on general powers and duties, including the role of the planning commission in administrative, legislative, and quasi-judicial functions under this chapter; and

Section 10-20-302(5)(b)(i)Verify source

§ 10-20-302(5)(b)(ii)Subsection 10-20-302(5)(b)(ii)Provision

Source excerpt

The annual training may include a mix of land use and ethics topics.

three hours of annual training on a combination of land use and ethics topics, which may include: appeals and variances; conditional use permits; exactions; impact fees; vested rights; subdivision regulations and improvement guarantees; land use referenda; property rights; real estate procedures and financing; zoning, including use-based and form-based; drafting ordinances and code that complies with statute; ex parte communication; and conflict of interest.

Section 10-20-302(5)(b)(ii)Verify source

§ 10-20-302(5)(b)(ii)(A)Subsection 10-20-302(5)(b)(ii)(A)Provision

Source excerpt

appeals and variances;

Section 10-20-302(5)(b)(ii)(A)Verify source

§ 10-20-302(5)(b)(ii)(B)Subsection 10-20-302(5)(b)(ii)(B)Provision

Source excerpt

conditional use permits;

Section 10-20-302(5)(b)(ii)(B)Verify source

§ 10-20-302(5)(b)(ii)(C)Subsection 10-20-302(5)(b)(ii)(C)Provision

Source excerpt

exactions;

Section 10-20-302(5)(b)(ii)(C)Verify source

§ 10-20-302(5)(b)(ii)(D)Subsection 10-20-302(5)(b)(ii)(D)Provision

Source excerpt

impact fees;

Section 10-20-302(5)(b)(ii)(D)Verify source

§ 10-20-302(5)(b)(ii)(E)Subsection 10-20-302(5)(b)(ii)(E)Provision

Source excerpt

vested rights;

Section 10-20-302(5)(b)(ii)(E)Verify source

§ 10-20-302(5)(b)(ii)(F)Subsection 10-20-302(5)(b)(ii)(F)Provision

Source excerpt

subdivision regulations and improvement guarantees;

Section 10-20-302(5)(b)(ii)(F)Verify source

§ 10-20-302(5)(b)(ii)(G)Subsection 10-20-302(5)(b)(ii)(G)Provision

Source excerpt

land use referenda;

Section 10-20-302(5)(b)(ii)(G)Verify source

§ 10-20-302(5)(b)(ii)(H)Subsection 10-20-302(5)(b)(ii)(H)Provision

Source excerpt

property rights;

Section 10-20-302(5)(b)(ii)(H)Verify source

§ 10-20-302(5)(b)(ii)(I)Subsection 10-20-302(5)(b)(ii)(I)Provision

Source excerpt

real estate procedures and financing;

Section 10-20-302(5)(b)(ii)(I)Verify source

§ 10-20-302(5)(b)(ii)(J)Subsection 10-20-302(5)(b)(ii)(J)Provision

Source excerpt

zoning, including use-based and form-based;

Section 10-20-302(5)(b)(ii)(J)Verify source

§ 10-20-302(5)(b)(ii)(K)Subsection 10-20-302(5)(b)(ii)(K)Provision

Source excerpt

drafting ordinances and code that complies with statute;

Section 10-20-302(5)(b)(ii)(K)Verify source

§ 10-20-302(5)(b)(ii)(L)Subsection 10-20-302(5)(b)(ii)(L)Provision

Source excerpt

ex parte communication; and

Section 10-20-302(5)(b)(ii)(L)Verify source

§ 10-20-302(5)(b)(ii)(M)Subsection 10-20-302(5)(b)(ii)(M)Provision

Source excerpt

conflict of interest.

Section 10-20-302(5)(b)(ii)(M)Verify source

§ 10-20-302(5)(c)Subsection 10-20-302(5)(c)Provision

Source excerpt

A newly appointed planning commission member may not participate in a public meeting as an appointed member until completing the required training.

A newly appointed planning commission member may not participate in a public meeting as an appointed member until the member completes the training described in Subsection (5)(b)(i).

Section 10-20-302(5)(c)Verify source

§ 10-20-302(5)(d)Subsection 10-20-302(5)(d)Provision

Source excerpt

A planning commission member may qualify for one completed hour of required training by attending 12 public meetings in a calendar year as an appointed member.

A planning commission member may qualify for one completed hour of training required under Subsection (5)(b)(ii) if the member attends, as an appointed member, 12 public meetings of the planning commission within a calendar year.

Section 10-20-302(5)(d)Verify source

§ 10-20-302(5)(e)Subsection 10-20-302(5)(e)Provision

Source excerpt

A municipality must provide the training in Subsection (5)(b) using municipal staff, the Utah League of Cities and Towns, or training courses selected by that league or the Division of Real Estate.

A municipality shall provide the training described in Subsection (5)(b) through: municipal staff; the Utah League of Cities and Towns; or a list of training courses selected by: the Utah League of Cities and Towns; or the Division of Real Estate created in Section 61-2-201 .

Section 10-20-302(5)(e)Verify source

§ 10-20-302(5)(e)(i)Subsection 10-20-302(5)(e)(i)Provision

Source excerpt

Refers to municipal staff.

municipal staff;

Section 10-20-302(5)(e)(i)Verify source

§ 10-20-302(5)(e)(ii)Subsection 10-20-302(5)(e)(ii)Provision

Source excerpt

the Utah League of Cities and Towns; or

Section 10-20-302(5)(e)(ii)Verify source

§ 10-20-302(5)(e)(iii)Subsection 10-20-302(5)(e)(iii)Provision

Source excerpt

a list of training courses selected by: the Utah League of Cities and Towns; or the Division of Real Estate created in Section 61-2-201 .

Section 10-20-302(5)(e)(iii)Verify source

§ 10-20-302(5)(e)(iii)(A)Subsection 10-20-302(5)(e)(iii)(A)Provision

Source excerpt

the Utah League of Cities and Towns; or

Section 10-20-302(5)(e)(iii)(A)Verify source

§ 10-20-302(5)(e)(iii)(B)Subsection 10-20-302(5)(e)(iii)(B)Provision

Source excerpt

the Division of Real Estate created in Section 61-2-201 .

Section 10-20-302(5)(e)(iii)(B)Verify source

§ 10-20-302(5)(f)Subsection 10-20-302(5)(f)Provision

Source excerpt

A municipality shall, for each planning commission member: monitor compliance with the training requirements in Subsection (5)(b); and maintain a record of training completion at the end of each calendar year.

Section 10-20-302(5)(f)Verify source

§ 10-20-302(5)(f)(i)Subsection 10-20-302(5)(f)(i)Provision

Source excerpt

Monitor compliance with the training requirements in Subsection (5)(b).

monitor compliance with the training requirements in Subsection (5)(b); and

Section 10-20-302(5)(f)(i)Verify source

§ 10-20-302(5)(f)(ii)Subsection 10-20-302(5)(f)(ii)Provision

Source excerpt

A record of training completion must be maintained at the end of each calendar year.

maintain a record of training completion at the end of each calendar year.

Section 10-20-302(5)(f)(ii)Verify source

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Utah Code § 10-20-302

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