§ 10-20-507 — Classification of new and unlisted business uses.

(1) As used in this section:
(1)(a) "Classification request" means a request to determine whether a proposed business use aligns with an existing land use specified in a municipality's land use ordinances.
(1)(b) "New or unlisted business use" means a business activity that does not align with an existing land use specified in a municipality's land use ordinances.
(2) (2)(a) Each municipality shall incorporate into the municipality's land use ordinances a process for reviewing and approving a new or unlisted business use and designating an appropriate zone or zones for an approved use.
(2)(b) The process described in Subsection (2)(a) shall:
(2)(b)(i) detail how an applicant may submit a classification request;
(2)(b)(ii) establish a procedure for the municipality to review a classification request, including:
(2)(b)(ii)(A) providing a land use authority with criteria to determine whether a proposed use aligns with an existing use; and
(2)(b)(ii)(B) allowing an applicant to proceed under the regulations of an existing use if a land use authority determines a proposed use aligns with that existing use;
(2)(b)(iii) provide that if a use is determined to be a new or unlisted business use:
(2)(b)(iii)(A) the applicant shall submit an application for approval of the new or unlisted business use to the legislative body for review;
(2)(b)(iii)(B) the legislative body shall consider and determine whether to approve or deny the new or unlisted business use; and
(2)(b)(iii)(C) the legislative body shall approve or deny the new or unlisted business use, within a time frame the legislative body establishes by ordinance, if the applicant responds to requests for additional information within a time frame established by the municipality and appears at required hearings;
(2)(b)(iv) provide that if the legislative body approves a proposed new or unlisted business use, the legislative body shall designate an appropriate zone or zones for the approved use; and
(2)(b)(v) provide that if the legislative body denies a proposed new or unlisted business use, or if an applicant disagrees with the land use authority's classification of the proposed use, the legislative body shall:
(2)(b)(v)(A) notify the applicant in writing of each reason for the classification or denial; and
(2)(b)(v)(B) offer the applicant an opportunity to challenge the classification or denial through an administrative appeal process established by the municipality.
(3) Each municipality shall amend each land use ordinance that contains a list of approved or prohibited business uses to include a reference to the process for petitioning to approve a new or unlisted business use, as described in Subsection (2).

Legislative History

Renumbered and Amended by Chapter 15, 2025 Special Session 1