76-25-305 . (Temporary) Effect on zoning regulations and map.
(1)After the adoption of a zoning regulation, map, or amendment pursuant to 76-25-304 , any application proposing development of a site is subject to the process set forth in this section.
(2)(a) When a proposed development lies entirely within an incorporated city, or is proposed for annexation into the city, the application must be submitted to and approved by the city.
(b)Except as provided in subsections (2)(a) or (2)(c), when a proposed development lies entirely in an unincorporated area, the application must be submitted to and approved by the county.
(c)If a proposed development lies within an area subject to increased growth pressures, higher development densities, or other urban development influences identified by
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76-25-305 . (Temporary) Effect on zoning regulations and map. (1) After the adoption of a zoning regulation, map, or amendment pursuant to 76-25-304 , any application proposing development of a site is subject to the process set forth in this section.
(2) (a) When a proposed development lies entirely within an incorporated city, or is proposed for annexation into the city, the application must be submitted to and approved by the city.
(b) Except as provided in subsections (2)(a) or (2)(c), when a proposed development lies entirely in an unincorporated area, the application must be submitted to and approved by the county.
(c) If a proposed development lies within an area subject to increased growth pressures, higher development densities, or other urban development influences identified by either jurisdiction in 76-25-213 , the jurisdiction shall provide other impacted jurisdictions the opportunity to review and comment on the application.
(d) If the proposed development lies partly within an incorporated city, the application and materials must be submitted to and approved by both the city and the county governing bodies.
(3) After accepting a complete application proposing development of a site, the planning administrator shall make an initial determination of whether:
(a) a proposed development, with or without variances or deviations from adopted standards, is in substantial compliance with the zoning regulations or map; and
(b) all impacts resulting from the proposed development were previously analyzed and made available for public review and comment in the adoption, amendment, or update of the land use plan, zoning regulation, or zoning map.
(4) (a) If the planning administrator makes an initial determination that the proposed development, with or without variances or deviations from adopted standards, meets the requirements of subsections (3)(a) and (3)(b), the planning administrator shall provide public notice of the initial determination in accordance with 76-25-106 (3)(a) and (3)(b) and a 15-business-day written public comment period during which the public must have an opportunity to comment on the initial determination.
(b) Unless public comment received on or before the last day of the comment period provided in subsection (4)(a) supports a determination that the proposed development fails to meet the requirements of subsections (3)(a) and (3)(b), the planning administrator shall issue written findings stating the results of the public comment and a final written decision approving, approving with conditions, or denying the application, which may be appealed as provided in 76-25-503 .
(c) If public comment received on or before the last day of the comment period provided in subsection (4)(a) provides evidence that the proposed development fails to meet either one or both of the requirements of subsection (3)(a) or (3)(b), the planning administrator shall proceed with further review of the application as set forth in subsection (5).
(5) If the planning administrator makes an initial determination or public comment received under subsection (4)(c) provides evidence that the proposed development, with or without variances or deviations from adopted standards, fails to meet either one or both of the requirements of subsection (3)(a) or (3)(b), the planning administrator shall proceed as follows:
(a) request that the applicant collect any additional data and perform any additional analysis necessary to provide the planning administrator and the public with the opportunity to comment on and consider the lack of substantial compliance with the zoning regulations or zoning map and any new or significantly increased potential impacts not previously identified and considered in the adoption, amendment, or update of the land use plan, zoning regulations, or zoning map;
(b) collect any additional data or perform additional analysis the planning administrator determines is necessary to provide the local government and the public with the opportunity to comment on and consider the lack of substantial compliance with the zoning regulations or zoning map and any new or significantly increased potential impacts not previously identified and considered in the adoption, amendment, or update of the land use plan, zoning regulations, or zoning map; and
(c) provide public notice of the planning administrator's initial or revised initial determination in accordance with 76-25-106 (3)(a) and (3)(b) and a 15-business-day written comment period during which the public must have the opportunity to participate and comment on the data collected and analysis performed pursuant to subsections (5)(a) and (5)(b).
(6) Any additional data, analysis, comment, or consideration described in subsection (5) must be limited to the lack of substantial compliance with the zoning regulations or map and any new or significantly increased impacts potentially resulting from the proposed development, to the extent the impact was not previously identified or considered in the adoption, amendment, or update of the land use plan, zoning regulations, or zoning map.
(7) After the public comment period provided in subsection (5) has ended, the planning administrator shall issue written findings stating the results of the public comment and a final written decision approving, approving with conditions, or denying the application, which may be appealed as provided in 76-25-503 .
(8) If an applicant proposes to develop a site in a manner or to an extent that the development is not in substantial compliance with the zoning regulations or map, the applicant may propose an amendment to the regulations or map and follow the process provided for in 76-25-304 .
(9) Ministerial permits may be issued by the planning administrator without any discretionary review or analysis and may be appealed as provided in 76-25-503 . (Terminates June 30, 2027--sec. 16, Ch. 555, L. 2025.)