United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-507

Municipalities must include a process for classifying new or unlisted business uses, reviewing requests, allowing appeals, and updating zoning ordinances for approved uses.

Source excerpt

appealsbusiness classificationbusiness usebusiness use classificationclassification requestsland useland use ordinancesmunicipal ordinancesuse reviewzoning

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

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“Municipalities must include a process for classifying new or unlisted business uses, reviewing requests, allowing appeals, and updating zoning ordinances for approved uses.”

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Classification of new and unlisted business uses.

Municipalities must include a process for classifying new or unlisted business uses, reviewing requests, allowing appeals, and updating zoning ordinances for approved uses.

Section 10-20-507

Subsection 10-20-507(2)(a)

Each municipality must add a land-use ordinance process for reviewing and approving new or unlisted business uses, and for assigning an appropriate zone or zones for approved uses.

Section 10-20-507(2)(a)

Subsection 10-20-507(2)(b)(ii)(C)

providing the applicant an opportunity to appeal a land use authority's decision to a land use appeal authority;

Section 10-20-507(2)(b)(ii)(C)

Subsection 10-20-507(2)(b)(iv)

If the legislative body approves the application, it must designate an appropriate zone or zones for the approved use.

Section 10-20-507(2)(b)(iv)

Subsection 10-20-507(3)

Each municipality must amend qualifying land use ordinances to add a reference to the petition process for approving a new or unlisted business use.

Section 10-20-507(3)

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Showing 22 of 22 provisions

Provision 20Amendment 2

Part 10-20-5

part 10-20-5 Land Use Regulations - General Processes

§ 10-20-507Classification of new and unlisted business uses.Amendment

Source excerpt

Municipalities must include a process for classifying new or unlisted business uses, reviewing requests, allowing appeals, and updating zoning ordinances for approved uses.

Classification of new and unlisted business uses. As used in this section: "Classification request" means a request to determine whether a proposed business use aligns with an existing land use specified in a municipality's land use ordinances. "New or unlisted business use" means a business activity that does not align with an existing land use specified in a municipality's land use ordinances. Each municipality shall incorporate into the municipality's land use ordinances a process for reviewing and approving a new or unlisted business use and designating an appropriate zone or zones for an approved use. The process described in Subsection (2)(a) shall: detail how an applicant may submit a classification request; establish a procedure for the municipality to review a classification request, including: providing a land use authority with criteria to determine whether a proposed use aligns with an existing use; allowing an applicant to proceed under the regulations of an existing use if a land use authority determines a proposed use aligns with that existing use; and providing the applicant an opportunity to appeal a land use authority's decision to a land use appeal authority; provide that if a use is determined to be a new or unlisted business use: the applicant shall submit to the legislative body for review an application requesting that the legislative body adopt a land use ordinance that permits the new or unlisted business as a permitted or conditional use; notwithstanding Subsection 10-20-503(2) or (3) , the legislative body shall consider and approve or deny the application described in Subsection (2)(b)(iii)(A) ; and the legislative body shall approve or deny the application described in Subsection (2)(b)(iii)(A) , within a time frame the legislative body establishes by ordinance, if the applicant responds to requests for additional information within a time frame established by the municipality and appears at required hearings; provide that if the legislative body approves the application described in Subsection (2)(b)(iii)(A) , the legislative body shall designate an appropriate zone or zones for the approved use; and provide that if the legislative body denies the application described in Subsection (2)(b)(iii)(A) , or if an applicant disagrees with the land use authority's classification of the proposed use, the legislative body shall: notify the applicant in writing of each reason for the classification or denial; and notify the applicant of the process for appealing the legislative body's decision in accordance with Section 10-20-1109 . A municipality may not require an applicant who submits an application described in Subsection (2)(b)(iii)(A) to submit the application to the planning commission for consideration, review, or approval. Each municipality shall amend each land use ordinance that contains a list of approved or prohibited business uses to include a reference to the process for petitioning to approve a new or unlisted business use, as described in Subsection (2) .

Section 10-20-507Verify source

§ 10-20-507(1)Subsection 10-20-507(1)Provision

Source excerpt

This subsection defines “classification request” and “new or unlisted business use.”

As used in this section: "Classification request" means a request to determine whether a proposed business use aligns with an existing land use specified in a municipality's land use ordinances. "New or unlisted business use" means a business activity that does not align with an existing land use specified in a municipality's land use ordinances.

Section 10-20-507(1)Verify source

§ 10-20-507(1)(a)Subsection 10-20-507(1)(a)Provision

Source excerpt

A “classification request” is a request to determine whether a proposed business use matches an existing land use in a municipality’s land use ordinances.

"Classification request" means a request to determine whether a proposed business use aligns with an existing land use specified in a municipality's land use ordinances.

Section 10-20-507(1)(a)Verify source

§ 10-20-507(1)(b)Subsection 10-20-507(1)(b)Provision

Source excerpt

“New or unlisted business use” means a business activity that does not match an existing land use in a municipality’s land use ordinances.

"New or unlisted business use" means a business activity that does not align with an existing land use specified in a municipality's land use ordinances.

Section 10-20-507(1)(b)Verify source

§ 10-20-507(2)Subsection 10-20-507(2)Provision

Source excerpt

Municipalities must add a land-use ordinance process for reviewing and approving new or unlisted business uses, including zoning for approved uses.

Each municipality shall incorporate into the municipality's land use ordinances a process for reviewing and approving a new or unlisted business use and designating an appropriate zone or zones for an approved use. The process described in Subsection (2)(a) shall: detail how an applicant may submit a classification request; establish a procedure for the municipality to review a classification request, including: providing a land use authority with criteria to determine whether a proposed use aligns with an existing use; allowing an applicant to proceed under the regulations of an existing use if a land use authority determines a proposed use aligns with that existing use; and providing the applicant an opportunity to appeal a land use authority's decision to a land use appeal authority; provide that if a use is determined to be a new or unlisted business use: the applicant shall submit to the legislative body for review an application requesting that the legislative body adopt a land use ordinance that permits the new or unlisted business as a permitted or conditional use; notwithstanding Subsection 10-20-503(2) or (3) , the legislative body shall consider and approve or deny the application described in Subsection (2)(b)(iii)(A) ; and the legislative body shall approve or deny the application described in Subsection (2)(b)(iii)(A) , within a time frame the legislative body establishes by ordinance, if the applicant responds to requests for additional information within a time frame established by the municipality and appears at required hearings; provide that if the legislative body approves the application described in Subsection (2)(b)(iii)(A) , the legislative body shall designate an appropriate zone or zones for the approved use; and provide that if the legislative body denies the application described in Subsection (2)(b)(iii)(A) , or if an applicant disagrees with the land use authority's classification of the proposed use, the legislative body shall: notify the applicant in writing of each reason for the classification or denial; and notify the applicant of the process for appealing the legislative body's decision in accordance with Section 10-20-1109 . A municipality may not require an applicant who submits an application described in Subsection (2)(b)(iii)(A) to submit the application to the planning commission for consideration, review, or approval.

Section 10-20-507(2)Verify source

§ 10-20-507(2)(a)Subsection 10-20-507(2)(a)Provision

Source excerpt

Each municipality must add a land-use ordinance process for reviewing and approving new or unlisted business uses, and for assigning an appropriate zone or zones for approved uses.

Section 10-20-507(2)(a)Verify source

§ 10-20-507(2)(b)Subsection 10-20-507(2)(b)Provision

Source excerpt

This subsection sets out how a classification request is reviewed, how appeals work, and what the legislative body must do if a proposed use is treated as a new or unlisted business use.

The process described in Subsection (2)(a) shall: detail how an applicant may submit a classification request; establish a procedure for the municipality to review a classification request, including: providing a land use authority with criteria to determine whether a proposed use aligns with an existing use; allowing an applicant to proceed under the regulations of an existing use if a land use authority determines a proposed use aligns with that existing use; and providing the applicant an opportunity to appeal a land use authority's decision to a land use appeal authority; provide that if a use is determined to be a new or unlisted business use: the applicant shall submit to the legislative body for review an application requesting that the legislative body adopt a land use ordinance that permits the new or unlisted business as a permitted or conditional use; notwithstanding Subsection 10-20-503(2) or (3) , the legislative body shall consider and approve or deny the application described in Subsection (2)(b)(iii)(A) ; and the legislative body shall approve or deny the application described in Subsection (2)(b)(iii)(A) , within a time frame the legislative body establishes by ordinance, if the applicant responds to requests for additional information within a time frame established by the municipality and appears at required hearings; provide that if the legislative body approves the application described in Subsection (2)(b)(iii)(A) , the legislative body shall designate an appropriate zone or zones for the approved use; and provide that if the legislative body denies the application described in Subsection (2)(b)(iii)(A) , or if an applicant disagrees with the land use authority's classification of the proposed use, the legislative body shall: notify the applicant in writing of each reason for the classification or denial; and notify the applicant of the process for appealing the legislative body's decision in accordance with Section 10-20-1109 .

Section 10-20-507(2)(b)Verify source

§ 10-20-507(2)(b)(i)Subsection 10-20-507(2)(b)(i)Provision

Source excerpt

An applicant may submit a classification request.

detail how an applicant may submit a classification request;

Section 10-20-507(2)(b)(i)Verify source

§ 10-20-507(2)(b)(ii)Subsection 10-20-507(2)(b)(ii)Provision

Source excerpt

establish a procedure for the municipality to review a classification request, including: providing a land use authority with criteria to determine whether a proposed use aligns with an existing use; allowing an applicant to proceed under the regulations of an existing use if a land use authority determines a proposed use aligns with that existing use; and providing the applicant an opportunity to appeal a land use authority's decision to a land use appeal authority;

Section 10-20-507(2)(b)(ii)Verify source

§ 10-20-507(2)(b)(ii)(A)Subsection 10-20-507(2)(b)(ii)(A)Provision

Source excerpt

providing a land use authority with criteria to determine whether a proposed use aligns with an existing use;

Section 10-20-507(2)(b)(ii)(A)Verify source

§ 10-20-507(2)(b)(ii)(B)Subsection 10-20-507(2)(b)(ii)(B)Provision

Source excerpt

An applicant may proceed under the regulations of an existing use if the land use authority determines the proposed use aligns with that existing use.

allowing an applicant to proceed under the regulations of an existing use if a land use authority determines a proposed use aligns with that existing use; and

Section 10-20-507(2)(b)(ii)(B)Verify source

§ 10-20-507(2)(b)(ii)(C)Subsection 10-20-507(2)(b)(ii)(C)Provision

Source excerpt

providing the applicant an opportunity to appeal a land use authority's decision to a land use appeal authority;

Section 10-20-507(2)(b)(ii)(C)Verify source

§ 10-20-507(2)(b)(iii)Subsection 10-20-507(2)(b)(iii)Provision

Source excerpt

If a use is a new or unlisted business use, the applicant must submit an application to the legislative body, and the legislative body must consider and decide it.

provide that if a use is determined to be a new or unlisted business use: the applicant shall submit to the legislative body for review an application requesting that the legislative body adopt a land use ordinance that permits the new or unlisted business as a permitted or conditional use; notwithstanding Subsection 10-20-503(2) or (3) , the legislative body shall consider and approve or deny the application described in Subsection (2)(b)(iii)(A) ; and the legislative body shall approve or deny the application described in Subsection (2)(b)(iii)(A) , within a time frame the legislative body establishes by ordinance, if the applicant responds to requests for additional information within a time frame established by the municipality and appears at required hearings;

Section 10-20-507(2)(b)(iii)Verify source

§ 10-20-507(2)(b)(iii)(A)Subsection 10-20-507(2)(b)(iii)(A)Provision

Source excerpt

The applicant must submit an application to the legislative body for review.

the applicant shall submit to the legislative body for review an application requesting that the legislative body adopt a land use ordinance that permits the new or unlisted business as a permitted or conditional use;

Section 10-20-507(2)(b)(iii)(A)Verify source

§ 10-20-507(2)(b)(iii)(B)Subsection 10-20-507(2)(b)(iii)(B)Provision

Source excerpt

The legislative body must consider and approve or deny the application described in Subsection (2)(b)(iii)(A), despite Subsection 10-20-503(2) or (3).

notwithstanding Subsection 10-20-503(2) or (3) , the legislative body shall consider and approve or deny the application described in Subsection (2)(b)(iii)(A) ; and

Section 10-20-507(2)(b)(iii)(B)Verify source

§ 10-20-507(2)(b)(iii)(C)Subsection 10-20-507(2)(b)(iii)(C)Provision

Source excerpt

The legislative body must approve or deny the application, subject to ordinance-based timing and the applicant’s response to information requests and attendance at required hearings.

the legislative body shall approve or deny the application described in Subsection (2)(b)(iii)(A) , within a time frame the legislative body establishes by ordinance, if the applicant responds to requests for additional information within a time frame established by the municipality and appears at required hearings;

Section 10-20-507(2)(b)(iii)(C)Verify source

§ 10-20-507(2)(b)(iv)Subsection 10-20-507(2)(b)(iv)Provision

Source excerpt

If the legislative body approves the application, it must designate an appropriate zone or zones for the approved use.

provide that if the legislative body approves the application described in Subsection (2)(b)(iii)(A) , the legislative body shall designate an appropriate zone or zones for the approved use; and

Section 10-20-507(2)(b)(iv)Verify source

§ 10-20-507(2)(b)(v)Subsection 10-20-507(2)(b)(v)Provision

Source excerpt

If the legislative body denies the application or the applicant disagrees with the land use authority’s classification, the legislative body must give the applicant written reasons and explain how to appeal.

provide that if the legislative body denies the application described in Subsection (2)(b)(iii)(A) , or if an applicant disagrees with the land use authority's classification of the proposed use, the legislative body shall: notify the applicant in writing of each reason for the classification or denial; and notify the applicant of the process for appealing the legislative body's decision in accordance with Section 10-20-1109 .

Section 10-20-507(2)(b)(v)Verify source

§ 10-20-507(2)(b)(v)(A)Subsection 10-20-507(2)(b)(v)(A)Provision

Source excerpt

The applicant must be notified in writing of each reason for the classification or denial.

notify the applicant in writing of each reason for the classification or denial; and

Section 10-20-507(2)(b)(v)(A)Verify source

§ 10-20-507(2)(b)(v)(B)Subsection 10-20-507(2)(b)(v)(B)Provision

Source excerpt

The actor must notify the applicant about how to appeal the legislative body's decision, following Section 10-20-1109.

notify the applicant of the process for appealing the legislative body's decision in accordance with Section 10-20-1109 .

Section 10-20-507(2)(b)(v)(B)Verify source

§ 10-20-507(2)(c)Subsection 10-20-507(2)(c)Provision

Source excerpt

A municipality may not require an applicant who submits an application described in Subsection (2)(b)(iii)(A) to submit the application to the planning commission for consideration, review, or approval.

Section 10-20-507(2)(c)Verify source

§ 10-20-507(3)Subsection 10-20-507(3)Amendment

Source excerpt

Each municipality must amend qualifying land use ordinances to add a reference to the petition process for approving a new or unlisted business use.

Each municipality shall amend each land use ordinance that contains a list of approved or prohibited business uses to include a reference to the process for petitioning to approve a new or unlisted business use, as described in Subsection (2) .

Section 10-20-507(3)Verify source

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each land use ordinance
Section 10-20-507

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qualifying land use ordinance
Section 10-20-507(3)

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Utah Code § 10-20-507

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