17-27a-504 - Temporary land use regulations.
17-27a-504. Temporary land use regulations.
(1) (a) A county legislative body may, without prior consideration of or recommendationfrom the planning commission, enact an ordinance establishing a temporary land use regulationfor any part or all of the area within the county if:
(i) the legislative body makes a finding of compelling, countervailing public interest; or
(ii) the area is unregulated.
(b) A temporary land use regulation under Subsection (1)(a) may prohibit or regulate theerection, construction, reconstruction, or alteration of any building or structure or any subdivisionapproval.
(c) A temporary land use regulation under Subsection (1)(a) may not impose an impactfee or other financial requirement on building or development.
(2) The legislative body shall establish a period of limited effect for the ordinance not toexceed six months.
(3) (a) A legislative body may, without prior planning commission consideration orrecommendation, enact an ordinance establishing a temporary land use regulation prohibitingconstruction, subdivision approval, and other development activities within an area that is thesubject of an Environmental Impact Statement or a Major Investment Study examining the areaas a proposed highway or transportation corridor.
(b) A regulation under Subsection (3)(a):
(i) may not exceed six months in duration;
(ii) may be renewed, if requested by the Transportation Commission created underSection 72-1-301, for up to two additional six-month periods by ordinance enacted before theexpiration of the previous regulation; and
(iii) notwithstanding Subsections (3)(b)(i) and (ii), is effective only as long as theEnvironmental Impact Statement or Major Investment Study is in progress.
Renumbered and Amended by Chapter 254, 2005 General Session