United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-508

Source excerpt

code enforcementcounty recordercovenantdevelopment agreementsdevelopment incentiveshousinghousing developmentincentiveland recordingland useland use regulationlocal historic district boundarymunicipal authoritymunicipal filingsparkingplanningreal estate developmentrecording documentsrestrictionrestrictive covenantssetbackspecial assessment areazoning

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

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Purpose and legislative effect

“A municipality may enter into development agreements, but the agreements cannot block future land-use regulation powers, force future zoning changes, permit otherwise prohibited land uses without the required approval process, require development agreements in certain compliant cases, or be recorded against private pro”

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Development agreements.

A municipality may enter into development agreements, but the agreements cannot block future land-use regulation powers, force future zoning changes, permit otherwise prohibited land uses without the required approval process, require development agreements in…

Section 10-20-508

Subsection 10-20-508(2)(a)

A development agreement may not restrict a municipality’s future land-use powers or require future zoning changes, unless the legislative body approves it using the same procedure as a land use regulation, including planning commission review, recommendation,…

Section 10-20-508(2)(a)

Subsection 10-20-508(2)(c)(iii)

a density transfer or bonus;

Section 10-20-508(2)(c)(iii)

Subsection 10-20-508(2)(e)(i)

a fully executed agreement; or

Section 10-20-508(2)(e)(i)

Subsection 10-20-508(2)(g)(ii)

any applicable land use regulations.

Section 10-20-508(2)(g)(ii)

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Showing 38 of 38 provisions

Provision 34Amendment 4

Part 10-20-5

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

§ 10-20-508Development agreements.Amendment

Source excerpt

Development agreements. Subject to Subsection (2) , a municipality may enter into a development agreement containing any term that the municipality considers necessary or appropriate to accomplish the purposes of this chapter, including a term relating to: a master planned development; a planned unit development; an annexation; affordable or moderate income housing with development incentives; a public-private partnership; or a density transfer or bonus within a development project or between development projects. A development agreement may not: limit a municipality's authority in the future to: enact a land use regulation; or take any action allowed under Section 10-8-84 ; require a municipality to change the zoning designation of an area of land within the municipality in the future; or allow a use or development of land that applicable land use regulations governing the area subject to the development agreement would otherwise prohibit, unless the legislative body approves the development agreement in accordance with the same procedures for enacting a land use regulation under Section 10-20-502 , including a review and recommendation from the planning commission and a public hearing. A development agreement that requires the implementation of an existing land use regulation as an administrative act does not require a legislative body's approval under Section 10-20-502 . Subject to Subsection (2)(d) , a municipality may require a development agreement for developing land within the municipality if the applicant has applied for a legislative or discretionary approval, including an approval relating to: the height of a structure; a parking or setback exception; a density transfer or bonus; a development incentive; a zone change; or an amendment to a prior development agreement. A municipality may not require a development agreement as a condition for developing land within the municipality if: the development otherwise complies with applicable statute and municipal ordinances; the development is an allowed or permitted use; or the municipality's land use regulations otherwise establish all applicable standards for development on the land. A municipality may submit to a county recorder's office for recording: a fully executed agreement; or a document related to: code enforcement; a special assessment area; a local historic district boundary; or the memorializing or enforcement of an agreed upon restriction, incentive, or covenant. Subject to Subsection (2)(e) , a municipality may not cause to be recorded against private real property a document that imposes development requirements, development regulations, or development controls on the property. To the extent that a development agreement does not specifically address a matter or concern related to land use or development, the matter or concern is governed by: this chapter; and any applicable land use regulations.

Section 10-20-508Verify source

§ 10-20-508(1)Subsection 10-20-508(1)Provision

Source excerpt

A municipality may enter into a development agreement, subject to Subsection (2).

Subject to Subsection (2) , a municipality may enter into a development agreement containing any term that the municipality considers necessary or appropriate to accomplish the purposes of this chapter, including a term relating to: a master planned development; a planned unit development; an annexation; affordable or moderate income housing with development incentives; a public-private partnership; or a density transfer or bonus within a development project or between development projects.

Section 10-20-508(1)Verify source

§ 10-20-508(1)(a)Subsection 10-20-508(1)(a)Provision

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a master planned development;

Section 10-20-508(1)(a)Verify source

§ 10-20-508(1)(b)Subsection 10-20-508(1)(b)Provision

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a planned unit development;

Section 10-20-508(1)(b)Verify source

§ 10-20-508(1)(c)Subsection 10-20-508(1)(c)Provision

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an annexation;

Section 10-20-508(1)(c)Verify source

§ 10-20-508(1)(d)Subsection 10-20-508(1)(d)Provision

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affordable or moderate income housing with development incentives;

Section 10-20-508(1)(d)Verify source

§ 10-20-508(1)(e)Subsection 10-20-508(1)(e)Provision

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a public-private partnership; or

Section 10-20-508(1)(e)Verify source

§ 10-20-508(1)(f)Subsection 10-20-508(1)(f)Provision

Source excerpt

a density transfer or bonus within a development project or between development projects.

Section 10-20-508(1)(f)Verify source

§ 10-20-508(2)Subsection 10-20-508(2)Amendment

Source excerpt

This subsection limits what a development agreement can do and when a municipality may require one or record related documents.

A development agreement may not: limit a municipality's authority in the future to: enact a land use regulation; or take any action allowed under Section 10-8-84 ; require a municipality to change the zoning designation of an area of land within the municipality in the future; or allow a use or development of land that applicable land use regulations governing the area subject to the development agreement would otherwise prohibit, unless the legislative body approves the development agreement in accordance with the same procedures for enacting a land use regulation under Section 10-20-502 , including a review and recommendation from the planning commission and a public hearing. A development agreement that requires the implementation of an existing land use regulation as an administrative act does not require a legislative body's approval under Section 10-20-502 . Subject to Subsection (2)(d) , a municipality may require a development agreement for developing land within the municipality if the applicant has applied for a legislative or discretionary approval, including an approval relating to: the height of a structure; a parking or setback exception; a density transfer or bonus; a development incentive; a zone change; or an amendment to a prior development agreement. A municipality may not require a development agreement as a condition for developing land within the municipality if: the development otherwise complies with applicable statute and municipal ordinances; the development is an allowed or permitted use; or the municipality's land use regulations otherwise establish all applicable standards for development on the land. A municipality may submit to a county recorder's office for recording: a fully executed agreement; or a document related to: code enforcement; a special assessment area; a local historic district boundary; or the memorializing or enforcement of an agreed upon restriction, incentive, or covenant. Subject to Subsection (2)(e) , a municipality may not cause to be recorded against private real property a document that imposes development requirements, development regulations, or development controls on the property. To the extent that a development agreement does not specifically address a matter or concern related to land use or development, the matter or concern is governed by: this chapter; and any applicable land use regulations.

Section 10-20-508(2)Verify source

§ 10-20-508(2)(a)Subsection 10-20-508(2)(a)Provision

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Section 10-20-508(2)(a)Verify source

§ 10-20-508(2)(a)(i)Subsection 10-20-508(2)(a)(i)Provision

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This provision limits a municipality’s future authority to enact land use regulations or to take actions allowed under Section 10-8-84.

limit a municipality's authority in the future to: enact a land use regulation; or take any action allowed under Section 10-8-84 ;

Section 10-20-508(2)(a)(i)Verify source

§ 10-20-508(2)(a)(i)(A)Subsection 10-20-508(2)(a)(i)(A)Provision

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enact a land use regulation; or

Section 10-20-508(2)(a)(i)(A)Verify source

§ 10-20-508(2)(a)(i)(B)Subsection 10-20-508(2)(a)(i)(B)Provision

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take any action allowed under Section 10-8-84 ;

Section 10-20-508(2)(a)(i)(B)Verify source

§ 10-20-508(2)(a)(ii)Subsection 10-20-508(2)(a)(ii)Provision

Source excerpt

A municipality is referenced as the actor to be required to change the zoning designation of land in the municipality in the future.

require a municipality to change the zoning designation of an area of land within the municipality in the future; or

Section 10-20-508(2)(a)(ii)Verify source

§ 10-20-508(2)(a)(iii)Subsection 10-20-508(2)(a)(iii)Provision

Source excerpt

Land may be used or developed even if local land use rules would otherwise prohibit it, unless the legislative body approves the development agreement using the same procedure as a land use regulation.

allow a use or development of land that applicable land use regulations governing the area subject to the development agreement would otherwise prohibit, unless the legislative body approves the development agreement in accordance with the same procedures for enacting a land use regulation under Section 10-20-502 , including a review and recommendation from the planning commission and a public hearing.

Section 10-20-508(2)(a)(iii)Verify source

§ 10-20-508(2)(b)Subsection 10-20-508(2)(b)Provision

Source excerpt

A development agreement that requires the implementation of an existing land use regulation as an administrative act does not require a legislative body's approval under Section 10-20-502 .

Section 10-20-508(2)(b)Verify source

§ 10-20-508(2)(c)Subsection 10-20-508(2)(c)Amendment

Source excerpt

A municipality may require a development agreement for land development when the applicant has sought a legislative or discretionary approval, subject to Subsection (2)(d).

Subject to Subsection (2)(d) , a municipality may require a development agreement for developing land within the municipality if the applicant has applied for a legislative or discretionary approval, including an approval relating to: the height of a structure; a parking or setback exception; a density transfer or bonus; a development incentive; a zone change; or an amendment to a prior development agreement.

Section 10-20-508(2)(c)Verify source

§ 10-20-508(2)(c)(i)Subsection 10-20-508(2)(c)(i)Provision

Source excerpt

the height of a structure;

Section 10-20-508(2)(c)(i)Verify source

§ 10-20-508(2)(c)(ii)Subsection 10-20-508(2)(c)(ii)Provision

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a parking or setback exception;

Section 10-20-508(2)(c)(ii)Verify source

§ 10-20-508(2)(c)(iii)Subsection 10-20-508(2)(c)(iii)Provision

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a density transfer or bonus;

Section 10-20-508(2)(c)(iii)Verify source

§ 10-20-508(2)(c)(iv)Subsection 10-20-508(2)(c)(iv)Provision

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a development incentive;

Section 10-20-508(2)(c)(iv)Verify source

§ 10-20-508(2)(c)(v)Subsection 10-20-508(2)(c)(v)Provision

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a zone change; or

Section 10-20-508(2)(c)(v)Verify source

§ 10-20-508(2)(c)(vi)Subsection 10-20-508(2)(c)(vi)Amendment

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an amendment to a prior development agreement.

Section 10-20-508(2)(c)(vi)Verify source

§ 10-20-508(2)(d)Subsection 10-20-508(2)(d)Provision

Source excerpt

A municipality may not require a development agreement as a condition for developing land when the listed compliance or zoning conditions are met.

A municipality may not require a development agreement as a condition for developing land within the municipality if: the development otherwise complies with applicable statute and municipal ordinances; the development is an allowed or permitted use; or the municipality's land use regulations otherwise establish all applicable standards for development on the land.

Section 10-20-508(2)(d)Verify source

§ 10-20-508(2)(d)(i)Subsection 10-20-508(2)(d)(i)Provision

Source excerpt

the development otherwise complies with applicable statute and municipal ordinances;

Section 10-20-508(2)(d)(i)Verify source

§ 10-20-508(2)(d)(ii)Subsection 10-20-508(2)(d)(ii)Provision

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the development is an allowed or permitted use; or

Section 10-20-508(2)(d)(ii)Verify source

§ 10-20-508(2)(d)(iii)Subsection 10-20-508(2)(d)(iii)Provision

Source excerpt

the municipality's land use regulations otherwise establish all applicable standards for development on the land.

Section 10-20-508(2)(d)(iii)Verify source

§ 10-20-508(2)(e)Subsection 10-20-508(2)(e)Provision

Source excerpt

A municipality may submit certain agreements or related documents to a county recorder’s office for recording.

A municipality may submit to a county recorder's office for recording: a fully executed agreement; or a document related to: code enforcement; a special assessment area; a local historic district boundary; or the memorializing or enforcement of an agreed upon restriction, incentive, or covenant.

Section 10-20-508(2)(e)Verify source

§ 10-20-508(2)(e)(i)Subsection 10-20-508(2)(e)(i)Provision

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a fully executed agreement; or

Section 10-20-508(2)(e)(i)Verify source

§ 10-20-508(2)(e)(ii)Subsection 10-20-508(2)(e)(ii)Provision

Source excerpt

a document related to: code enforcement; a special assessment area; a local historic district boundary; or the memorializing or enforcement of an agreed upon restriction, incentive, or covenant.

Section 10-20-508(2)(e)(ii)Verify source

§ 10-20-508(2)(e)(ii)(A)Subsection 10-20-508(2)(e)(ii)(A)Provision

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code enforcement;

Section 10-20-508(2)(e)(ii)(A)Verify source

§ 10-20-508(2)(e)(ii)(B)Subsection 10-20-508(2)(e)(ii)(B)Provision

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a special assessment area;

Section 10-20-508(2)(e)(ii)(B)Verify source

§ 10-20-508(2)(e)(ii)(C)Subsection 10-20-508(2)(e)(ii)(C)Provision

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a local historic district boundary; or

Section 10-20-508(2)(e)(ii)(C)Verify source

§ 10-20-508(2)(e)(ii)(D)Subsection 10-20-508(2)(e)(ii)(D)Provision

Source excerpt

the memorializing or enforcement of an agreed upon restriction, incentive, or covenant.

Section 10-20-508(2)(e)(ii)(D)Verify source

§ 10-20-508(2)(f)Subsection 10-20-508(2)(f)Provision

Source excerpt

A municipality may not record a document against private real property if the document imposes development requirements, regulations, or controls, subject to Subsection (2)(e).

Subject to Subsection (2)(e) , a municipality may not cause to be recorded against private real property a document that imposes development requirements, development regulations, or development controls on the property.

Section 10-20-508(2)(f)Verify source

§ 10-20-508(2)(g)Subsection 10-20-508(2)(g)Provision

Source excerpt

To the extent that a development agreement does not specifically address a matter or concern related to land use or development, the matter or concern is governed by: this chapter; and any applicable land use regulations.

Section 10-20-508(2)(g)Verify source

§ 10-20-508(2)(g)(i)Subsection 10-20-508(2)(g)(i)Provision

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this chapter; and

Section 10-20-508(2)(g)(i)Verify source

§ 10-20-508(2)(g)(ii)Subsection 10-20-508(2)(g)(ii)Provision

Source excerpt

any applicable land use regulations.

Section 10-20-508(2)(g)(ii)Verify source

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Utah Code § 10-20-508

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