Section 402.5 - Municipal processing of an inland port use application and appeal.

UT Code § 11-58-402.5 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) Except as provided in Subsections (2) and (3), the provisions of Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act, apply to: (a) a municipality's processing of and decision on an inland port use application; and (b) a municipality's processing of and decision on an inland port use appeal.

(a) a municipality's processing of and decision on an inland port use application; and

(b) a municipality's processing of and decision on an inland port use appeal.

(2) (a) A municipal land use authority shall approve or deny an inland port use application no later than: (i) 180 days after the filing of the complete inland port use application; or (ii) a later date that the land use applicant and municipality agree to. (b) (i) A municipal land use authority's failure to approve an inland port use application within the period specified in Subsection (2)(a) constitutes a denial of the inland port use application. (ii) A denial under Subsection (2)(b)(i) is considered made on the last day of the period specified in Subsection (2)(a).

(a) A municipal land use authority shall approve or deny an inland port use application no later than: (i) 180 days after the filing of the complete inland port use application; or (ii) a later date that the land use applicant and municipality agree to.

(i) 180 days after the filing of the complete inland port use application; or

(ii) a later date that the land use applicant and municipality agree to.

(b) (i) A municipal land use authority's failure to approve an inland port use application within the period specified in Subsection (2)(a) constitutes a denial of the inland port use application. (ii) A denial under Subsection (2)(b)(i) is considered made on the last day of the period specified in Subsection (2)(a).

(i) A municipal land use authority's failure to approve an inland port use application within the period specified in Subsection (2)(a) constitutes a denial of the inland port use application.

(ii) A denial under Subsection (2)(b)(i) is considered made on the last day of the period specified in Subsection (2)(a).

(3) (a) A municipal appeal authority shall issue a written decision on an inland port use appeal no later than: (i) 60 days after the appeal is filed; or (ii) a later date that all the parties to the appeal agree to. (b) (i) An appeal authority's failure to issue a written decision on an inland port use appeal within the time stated in Subsection (3)(a)(i) constitutes a denial of the appeal on the merits. (ii) A denial under Subsection (3)(b)(i) is considered made on the last day of the period specified in Subsection (3)(a).

(a) A municipal appeal authority shall issue a written decision on an inland port use appeal no later than: (i) 60 days after the appeal is filed; or (ii) a later date that all the parties to the appeal agree to.

(i) 60 days after the appeal is filed; or

(ii) a later date that all the parties to the appeal agree to.

(b) (i) An appeal authority's failure to issue a written decision on an inland port use appeal within the time stated in Subsection (3)(a)(i) constitutes a denial of the appeal on the merits. (ii) A denial under Subsection (3)(b)(i) is considered made on the last day of the period specified in Subsection (3)(a).

(i) An appeal authority's failure to issue a written decision on an inland port use appeal within the time stated in Subsection (3)(a)(i) constitutes a denial of the appeal on the merits.

(ii) A denial under Subsection (3)(b)(i) is considered made on the last day of the period specified in Subsection (3)(a).