2006 Utah Code - 10-9a-509 — When a land use applicant is entitled to approval -- Exception -- Municipality may not impose unexpressed requirements -- Municipality required to comply with land use ordinances.

     10-9a-509.   When a land use applicant is entitled to approval -- Exception -- Municipality may not impose unexpressed requirements -- Municipality required to comply with land use ordinances.
     (1) (a) An applicant is entitled to approval of a land use application if the application conforms to the requirements of the municipality's land use maps, zoning map, and applicable land use ordinance in effect when a complete application is submitted and all fees have been paid, unless:
     (i) the land use authority, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or
     (ii) in the manner provided by local ordinance and before the application is submitted, the municipality has formally initiated proceedings to amend its ordinances in a manner that would prohibit approval of the application as submitted.
     (b) The municipality shall process an application without regard to proceedings initiated to amend the municipality's ordinances if:
     (i) 180 days have passed since the proceedings were initiated; and
     (ii) the proceedings have not resulted in an enactment that prohibits approval of the application as submitted.
     (c) An application for a land use approval is considered submitted and complete when the application is provided in a form that complies with the requirements of applicable ordinances and all applicable fees have been paid.
     (d) The continuing validity of an approval of a land use application is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence.
     (e) A municipality may not impose on a holder of an issued land use permit a requirement that is not expressed:
     (i) in the land use permit or in documents on which the land use permit is based; or
     (ii) in this chapter or the municipality's ordinances.
     (f) A municipality may not withhold issuance of a certificate of occupancy because of an applicant's failure to comply with a requirement that is not expressed:
     (i) in the building permit or in documents on which the building permit is based; or
     (ii) in this chapter or the municipality's ordinances.
     (2) A municipality is bound by the terms and standards of applicable land use ordinances and shall comply with mandatory provisions of those ordinances.
     (3) Each municipality shall process and render a decision on each land use application with reasonable diligence.

Amended by Chapter 289, 2006 General Session
Amended by Chapter 257, 2006 General Session