Download Zipped Introduced WP 9 HB0129.ZIP 10,072 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]
H.B. 129
1
MUNICIPAL AND COUNTY LAND USE
2
CHANGES
3
2001 GENERAL SESSION
4
STATE OF UTAH
5
Sponsor: Mike Thompson
6
This act modifies the Utah Municipal Code and provisions relating to Counties to require
7
state and local entities to comply with municipal and county land use ordinances. The act
8
also makes technical changes.
9
This act affects sections of Utah Code Annotated 1953 as follows:
10
AMENDS:
11
10-9-104, as last amended by Chapter 55, Laws of Utah 1996
12
10-9-106, as last amended by Chapter 149, Laws of Utah 1999
13
17-27-104, as last amended by Chapter 55, Laws of Utah 1996
14
17-27-105, as last amended by Chapter 149, Laws of Utah 1999
15
53-7-103, as renumbered and amended by Chapter 234, Laws of Utah 1993
16
53A-20-102, as last amended by Chapter 10, Laws of Utah 1997
17
Be it enacted by the Legislature of the state of Utah:
18
Section 1.
Section
10-9-104
is amended to read:
19
10-9-104. Stricter requirements.
20
(1) Except as provided in Subsection (2), municipalities may enact ordinances imposing
21
stricter requirements or higher standards than are required by this chapter.
22
(2) A municipality may not impose stricter requirements or higher standards than are
23
required by:
24
[(a) Section
10-9-106
;]
25
[(b)] (a) Section
10-9-106.5
;
26
[(c)] (b) Part 5, Residential Facilities for Elderly Persons; and
27
[(d)] (c) Part 6, Residential Facilities for Handicapped Persons.
28
Section 2.
Section
10-9-106
is amended to read:
29
10-9-106. Property owned by other government units -- Compliance with municipal
30
land use ordinances required.
31
(1) [(a) Each] If installing, constructing, operating, developing, or otherwise using any
32
area, land, or building situated within a municipality, the state and each department, agency, board,
33
commission, and division of the state, however denominated, including each state educational
34
institution, and each county, municipality, school district, special district, and other political
35
subdivision of [Utah shall conform to] the state shall comply with all applicable land use and
36
development ordinances of [any] the municipality [when installing, constructing, operating, or
37
otherwise using any area, land, or building situated within that municipality only in a manner or
38
for a purpose that conforms to that municipality's ordinances].
39
[(b)] (2) In addition to any other remedies provided by law, when a municipality's land use
40
and development ordinances are being violated or about to be violated by the state or by another
41
political subdivision, that municipality may institute an injunction, mandamus, abatement, or other
42
appropriate action or proceeding to prevent, enjoin, abate, or remove the improper installation,
43
improvement, or use.
44
[(2) A school district is subject to a municipality's land use regulations under this chapter,
45
except that a municipality may not:]
46
[(a) impose requirements for landscaping, fencing, aesthetic considerations, construction
47
methods or materials, building codes, building use for educational purposes, or the placement or
48
use of temporary classroom facilities on school property;]
49
[(b) require a school district to participate in the cost of any roadway or sidewalk not
50
reasonably necessary for the safety of school children and not located on or contiguous to school
51
property, unless the roadway or sidewalk is required to connect an otherwise isolated school site
52
to an existing roadway;]
53
[(c) require a district to pay fees not authorized by this section;]
54
[(d) provide for inspection of school construction or assess a fee or other charges for
55
inspection, unless the school district is unable to provide for inspection by an inspector, other than
56
the project architect or contractor, who is qualified under criteria established by the state
57
superintendent;]
58
[(e) require a school district to pay any impact fee for an improvement project that is not
59
reasonably related to the impact of the project upon the need that the improvement is to address;
60
or]
61
[(f) impose regulations upon the location of a project except as necessary to avoid
62
unreasonable risks to health or safety.]
63
[(3) Subject to Section
53A-20-108
, a school district shall coordinate the siting of a new
64
school with the municipality in which the school is to be located, to avoid or mitigate existing and
65
potential traffic hazards to maximize school safety.]
66
Section 3.
Section
17-27-104
is amended to read:
67
17-27-104. Stricter requirements.
68
(1) Except as provided in Subsection (2), counties may enact ordinances imposing stricter
69
requirements or higher standards than are required by this chapter.
70
(2) A county may not impose stricter requirements or higher standards than are required
71
by:
72
[(a) Section
17-27-105
;]
73
[(b)] (a) Section
17-27-105.5
;
74
[(c)] (b) Part 5, Residential Facilities for Elderly Persons; and
75
[(d)] (c) Part 6, Residential Facilities for Handicapped Persons.
76
Section 4.
Section
17-27-105
is amended to read:
77
17-27-105. Property owned by other government units -- Compliance with county
78
land use ordinances required.
79
(1) [(a) Each] If installing, constructing, operating, developing, or otherwise using any
80
area, land, or building situated within the unincorporated area of a county, the state and each
81
department, agency, board, commission, and division of the state, however denominated, including
82
each state educational institution, and each county, municipality, school district, special district,
83
and other political subdivision of Utah shall [conform to] comply with the land use and
84
development ordinances of [any] the county [when installing, constructing, operating, or otherwise
85
using any area, land, or building situated within that county only in a manner or for a purpose that
86
conforms to that county's ordinances].
87
[(b)] (2) In addition to any other remedies provided by law, when a county's land use and
88
development ordinances are being violated or about to be violated by the state or by another
89
political subdivision, that county may institute injunction, mandamus, abatement, or other
90
appropriate action or proceeding to prevent, enjoin, abate, or remove the improper installation,
91
improvement, or use.
92
[(2) A school district is subject to a county's land use regulations under this chapter, except
93
that a county may not:]
94
[(a) impose requirements for landscaping, fencing, aesthetic considerations, construction
95
methods or materials, building codes, building use for educational purposes, or the placement or
96
use of temporary classroom facilities on school property;]
97
[(b) require a school district to participate in the cost of any roadway or sidewalk not
98
reasonably necessary for the safety of school children and not located on or contiguous to school
99
property, unless the roadway or sidewalk is required to connect an otherwise isolated school site
100
to an existing roadway;]
101
[(c) require a district to pay fees not authorized by this section;]
102
[(d) provide for inspection of school construction or assess a fee or other charges for
103
inspection, unless the school district is unable to provide for inspection by an inspector, other than
104
the project architect or contractor, who is qualified under criteria established by the state
105
superintendent;]
106
[(e) require a school district to pay any impact fee for an improvement project that is not
107
reasonably related to the impact of the project upon the need that the improvement is to address;
108
or]
109
[(f) impose regulations upon the location of a project except as necessary to avoid
110
unreasonable risks to health or safety.]
111
[(3) Subject to Section
53A-20-108
, a school district shall coordinate the siting of a new
112
school with the county in which the school is to be located, to avoid or mitigate existing and
113
potential traffic hazards to maximize school safety.]
114
Section 5.
Section
53-7-103
is amended to read:
115
53-7-103. State Fire Marshal Division -- Creation -- State fire marshal --
116
Appointment, qualifications, duties, and compensation.
117
(1) There is created within the department the State Fire Marshal Division.
118
(2) (a) The director of the division is the state fire marshal, who shall be appointed by the
119
commissioner upon the recommendation of the Utah Fire Prevention Board created in Section
120
53-7-203
and with the approval of the governor.
121
(b) The state fire marshal is the executive and administrative head of the division, and shall
122
be qualified by experience and education to enforce rules made under this chapter and perform the
123
duties prescribed by the commissioner.
124
(3) The state fire marshal acts under the supervision and control of the commissioner and
125
may be removed from his position at the will of the commissioner.
126
(4) The state fire marshal shall:
127
(a) enforce rules made under this chapter as provided in accordance with Section
53-7-104
;
128
(b) complete the duties assigned by the commissioner;
129
(c) examine plans and specifications for school buildings, as required by Section
130
53A-20-104
;
131
(d) approve modifications or additions to plans and specifications for school building
132
construction adopted by the State Board of Education, as required by Section
53A-20-102
; and
133
[(e) approve criteria established by the state superintendent for building inspectors, as
134
required by Sections
10-9-106
and
17-27-105
; and]
135
[(f)] (e) perform all other duties provided in this chapter.
136
(5) The state fire marshal shall receive compensation as provided by Title 67, Chapter 19,
137
Utah State Personnel Management Act.
138
Section 6.
Section
53A-20-102
is amended to read:
139
53A-20-102. Superintendent to approve school building project plans -- Conditions
140
for approval.
141
(1) If the total annual accumulative building project costs for any contract for construction
142
or alteration of a school building exceed $100,000, the superintendent of public instruction or the
143
superintendent's designee must approve and endorse the plans and specifications prior to the
144
commencement of construction or alteration.
145
(2) Approval must be given if it is determined that:
146
(a) the project is necessary to meet program requirements, ensure safety, contain costs,
147
correct existing or reasonably anticipated overcrowding, or resolve some other substantial
148
problem;
149
(b) the plans and specifications provide for functional utility, economy, and a reasonable
150
balance between initial and long-term costs;
151
(c) the plans and specifications comply with the Uniform Building Code, including any
152
modifications or additions adopted by the State Board of Education, with the approval of the state
153
fire marshal, and the State Building Board;
154
(d) the architect for the project has certified that the plans and specifications comply with
155
all standards and building code requirements imposed under this chapter;
156
(e) if the estimated building project cost exceeds $300,000, the school district has made
157
value engineering reviews of the plans and specifications; and
158
(f) the district has complied with the requirements of [Section
10-9-106
or
17-27-105
and]
159
Section
53A-20-108
.
160
(3) (a) A district may submit project plans and specifications for approval by the state
161
superintendent under this section even though the costs do not exceed the requirements of
162
Subsection (1).
163
(b) If a district chooses to proceed without state superintendent approval on a project
164
exempt from Subsection (1), the district superintendent shall ensure that the requirements of
165
Subsections (2)(c) and (f) are met.
Legislative Review Note
as of 1-17-01 8:47 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.