Section 901 - Mountainous planning district.

UT Code § 17-27a-901 (2019) (N/A)
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(1) (a) The legislative body of a county of the first class may adopt an ordinance designating an area located within the county as a mountainous planning district if the legislative body determines that: (i) the area is primarily used for recreational purposes, including canyons, foothills, ski resorts, wilderness areas, lakes and reservoirs, campgrounds, or picnic areas within the Wasatch Range; (ii) the area is used by residents of the county who live inside and outside the limits of a municipality; (iii) the total resident population in the proposed mountainous planning district is equal to or less than 5% of the population of the county; (iv) the area is within the unincorporated area of the county or was within the unincorporated area of the county before May 12, 2015; and (v) the area includes land designated as part of a national forest on or before May 9, 2017. (b) (i) A mountainous planning district may include within its boundaries a municipality, whether in whole or in part. (ii) Except as provided in Subsection (1)(b)(iv), if a mountainous planning district includes within its boundaries an unincorporated area, and that area subsequently incorporates as a municipality: (A) the area of the incorporated municipality that is located in the mountainous planning district is included within the mountainous planning district boundaries; and (B) property within the municipality that is also within the mountainous planning district is subject to the authority of the mountainous planning district. (iii) A subdivision and zoning ordinance that governs property located within a mountainous planning district shall control over any subdivision or zoning ordinance, as applicable, that a municipality may adopt. (iv) A county shall allow an area within the boundaries of a mountainous planning district to withdraw from the mountainous planning district if: (A) the area contains less than 100 acres; (B) the area is annexed to a city in accordance with Title 10, Chapter 2, Part 4, Annexation; (C) the county determines that the area does not contain United States Forest Service land or land that is designated as watershed; and (D) the county determines that the area is not used by individuals for recreational purposes. (v) An area described in Subsection (1)(b)(iv) that withdraws from a mountainous planning district is not subject to the authority of the mountainous planning district. (c) The population figure under Subsection (1)(a)(iii) shall be derived from a population estimate by the Utah Population Committee. (d) If any portion of a proposed mountainous planning district includes a municipality with a land base of five square miles or less, the county shall ensure that all of that municipality is wholly located within the boundaries of the mountainous planning district.

(a) The legislative body of a county of the first class may adopt an ordinance designating an area located within the county as a mountainous planning district if the legislative body determines that: (i) the area is primarily used for recreational purposes, including canyons, foothills, ski resorts, wilderness areas, lakes and reservoirs, campgrounds, or picnic areas within the Wasatch Range; (ii) the area is used by residents of the county who live inside and outside the limits of a municipality; (iii) the total resident population in the proposed mountainous planning district is equal to or less than 5% of the population of the county; (iv) the area is within the unincorporated area of the county or was within the unincorporated area of the county before May 12, 2015; and (v) the area includes land designated as part of a national forest on or before May 9, 2017.

(i) the area is primarily used for recreational purposes, including canyons, foothills, ski resorts, wilderness areas, lakes and reservoirs, campgrounds, or picnic areas within the Wasatch Range;

(ii) the area is used by residents of the county who live inside and outside the limits of a municipality;

(iii) the total resident population in the proposed mountainous planning district is equal to or less than 5% of the population of the county;

(iv) the area is within the unincorporated area of the county or was within the unincorporated area of the county before May 12, 2015; and

(v) the area includes land designated as part of a national forest on or before May 9, 2017.

(b) (i) A mountainous planning district may include within its boundaries a municipality, whether in whole or in part. (ii) Except as provided in Subsection (1)(b)(iv), if a mountainous planning district includes within its boundaries an unincorporated area, and that area subsequently incorporates as a municipality: (A) the area of the incorporated municipality that is located in the mountainous planning district is included within the mountainous planning district boundaries; and (B) property within the municipality that is also within the mountainous planning district is subject to the authority of the mountainous planning district. (iii) A subdivision and zoning ordinance that governs property located within a mountainous planning district shall control over any subdivision or zoning ordinance, as applicable, that a municipality may adopt. (iv) A county shall allow an area within the boundaries of a mountainous planning district to withdraw from the mountainous planning district if: (A) the area contains less than 100 acres; (B) the area is annexed to a city in accordance with Title 10, Chapter 2, Part 4, Annexation; (C) the county determines that the area does not contain United States Forest Service land or land that is designated as watershed; and (D) the county determines that the area is not used by individuals for recreational purposes. (v) An area described in Subsection (1)(b)(iv) that withdraws from a mountainous planning district is not subject to the authority of the mountainous planning district.

(i) A mountainous planning district may include within its boundaries a municipality, whether in whole or in part.

(ii) Except as provided in Subsection (1)(b)(iv), if a mountainous planning district includes within its boundaries an unincorporated area, and that area subsequently incorporates as a municipality: (A) the area of the incorporated municipality that is located in the mountainous planning district is included within the mountainous planning district boundaries; and (B) property within the municipality that is also within the mountainous planning district is subject to the authority of the mountainous planning district.

(A) the area of the incorporated municipality that is located in the mountainous planning district is included within the mountainous planning district boundaries; and

(B) property within the municipality that is also within the mountainous planning district is subject to the authority of the mountainous planning district.

(iii) A subdivision and zoning ordinance that governs property located within a mountainous planning district shall control over any subdivision or zoning ordinance, as applicable, that a municipality may adopt.

(iv) A county shall allow an area within the boundaries of a mountainous planning district to withdraw from the mountainous planning district if: (A) the area contains less than 100 acres; (B) the area is annexed to a city in accordance with Title 10, Chapter 2, Part 4, Annexation; (C) the county determines that the area does not contain United States Forest Service land or land that is designated as watershed; and (D) the county determines that the area is not used by individuals for recreational purposes.

(A) the area contains less than 100 acres;

(B) the area is annexed to a city in accordance with Title 10, Chapter 2, Part 4, Annexation;

(C) the county determines that the area does not contain United States Forest Service land or land that is designated as watershed; and

(D) the county determines that the area is not used by individuals for recreational purposes.

(v) An area described in Subsection (1)(b)(iv) that withdraws from a mountainous planning district is not subject to the authority of the mountainous planning district.

(c) The population figure under Subsection (1)(a)(iii) shall be derived from a population estimate by the Utah Population Committee.

(d) If any portion of a proposed mountainous planning district includes a municipality with a land base of five square miles or less, the county shall ensure that all of that municipality is wholly located within the boundaries of the mountainous planning district.

(2) (a) Notwithstanding Subsection 10-9a-102(2), 17-34-1(2)(a), or 17-50-302(1)(b), or Section 17-50-314, a county may adopt a general plan and adopt a zoning or subdivision ordinance for a property that is located within: (i) a mountainous planning district; and (ii) a municipality. (b) A county plan or zoning or subdivision ordinance governs a property described in Subsection (2)(a).

(a) Notwithstanding Subsection 10-9a-102(2), 17-34-1(2)(a), or 17-50-302(1)(b), or Section 17-50-314, a county may adopt a general plan and adopt a zoning or subdivision ordinance for a property that is located within: (i) a mountainous planning district; and (ii) a municipality.

(i) a mountainous planning district; and

(ii) a municipality.

(b) A county plan or zoning or subdivision ordinance governs a property described in Subsection (2)(a).

(3) A planning commission with jurisdiction over a mountainous planning district in a county of the first class shall submit a report that summarizes actions the planning commission has taken and any recommendations regarding the mountainous planning district to the Legislature's Natural Resources, Agriculture, and Environment Interim Committee by no later than November 30 of each year.