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S.B. 60 Enrolled
LOCAL LAND USE DEVELOPMENT AND
MANAGEMENT AMENDMENTS
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Gregory S. Bell
House Sponsor: J. Stuart Adams
LONG TITLE
General Description:
This bill modifies county and municipal land use, development, and management
provisions.
Highlighted Provisions:
This bill:
. reorganizes and modifies county and municipal land use, development, and
management provisions;
. includes the protection of access to sunlight for solar energy devices in the
statement of the purposes of county and municipal land use provisions;
. modifies provisions giving counties and municipalities general authority over land
use matters;
. modifies existing and adds new definitions;
. modifies notice provisions related to land use applications, the preparation of a
general plan and amendments, land use ordinances, and subdivisions;
. modifies provisions related to planning commission appointment and powers;
. modifies provisions related to the preparation, adoption, content, and effect of a
general plan;
. modifies provisions related to the preparation, adoption, and content of land use
ordinances;
. enacts a provision relating to the imposition of exactions;
. enacts provisions related to land use approval standards and the rights that vest with
approval;
. modifies provisions related to the preparation, enactment, and content of subdivision
ordinances;
. modifies provisions related to subdivision plats;
. provides that a transfer of land by a void plat is voidable;
. modifies a provision relating to exemptions from plat requirements;
. authorizes counties and municipalities to designate a land use authority to decide
certain land use matters;
. requires counties and municipalities to designate an appeal authority to handle appeals
of certain land use matters;
. enacts provisions relating to procedures and standards applicable to appeals before the
appeal authority;
. modifies provisions relating to appeals to the district court;
. repeals provisions relating to a board of adjustment;
. repeals provisions relating to vacating a street or alley;
. repeals a provision relating to planning commission organization and procedures; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill provides coordination clauses.
Utah Code Sections Affected:
AMENDS:
9-4-1204, as last amended by Chapter 65, Laws of Utah 2002
10-8-2, as last amended by Chapter 99, Laws of Utah 2004
10-8-8, as last amended by Chapter 1, Laws of Utah 1966, Second Special Session
11-36-201, as last amended by Chapter 99, Laws of Utah 2004
11-36-202, as last amended by Chapter 211, Laws of Utah 2000
11-36-401, as last amended by Chapter 211, Laws of Utah 2000
17-34-6, as enacted by Chapter 107, Laws of Utah 2001
17-50-302, as last amended by Chapters 99 and 166, Laws of Utah 2004
17B-4-402, as last amended by Chapter 205, Laws of Utah 2002
57-3-101, as last amended by Chapter 291, Laws of Utah 2002
57-8-35, as last amended by Chapter 265, Laws of Utah 2003
58-56-4, as last amended by Chapters 75 and 110, Laws of Utah 2004
59-2-301.2, as enacted by Chapter 134, Laws of Utah 2002
59-2-502, as last amended by Chapter 208, Laws of Utah 2003
59-2-511, as last amended by Chapter 208, Laws of Utah 2003
62A-6-101, as last amended by Chapter 108, Laws of Utah 1997
63A-5-206, as last amended by Chapters 216 and 231, Laws of Utah 2000
72-5-401, as enacted by Chapter 34, Laws of Utah 2000
72-7-502, as last amended by Chapter 166, Laws of Utah 2003
ENACTS:
10-9a-201, Utah Code Annotated 1953
10-9a-202, Utah Code Annotated 1953
10-9a-204, Utah Code Annotated 1953
10-9a-205, Utah Code Annotated 1953
10-9a-206, Utah Code Annotated 1953
10-9a-207, Utah Code Annotated 1953
10-9a-208, Utah Code Annotated 1953
10-9a-209, Utah Code Annotated 1953
10-9a-405, Utah Code Annotated 1953
10-9a-508, Utah Code Annotated 1953
10-9a-509, Utah Code Annotated 1953
10-9a-513, Utah Code Annotated 1953
10-9a-701, Utah Code Annotated 1953
10-9a-703, Utah Code Annotated 1953
10-9a-704, Utah Code Annotated 1953
10-9a-705, Utah Code Annotated 1953
10-9a-706, Utah Code Annotated 1953
10-9a-707, Utah Code Annotated 1953
10-9a-708, Utah Code Annotated 1953
17-27a-201, Utah Code Annotated 1953
17-27a-202, Utah Code Annotated 1953
17-27a-204, Utah Code Annotated 1953
17-27a-205, Utah Code Annotated 1953
17-27a-206, Utah Code Annotated 1953
17-27a-207, Utah Code Annotated 1953
17-27a-208, Utah Code Annotated 1953
17-27a-209, Utah Code Annotated 1953
17-27a-405, Utah Code Annotated 1953
17-27a-507, Utah Code Annotated 1953
17-27a-508, Utah Code Annotated 1953
17-27a-512, Utah Code Annotated 1953
17-27a-701, Utah Code Annotated 1953
17-27a-703, Utah Code Annotated 1953
17-27a-704, Utah Code Annotated 1953
17-27a-705, Utah Code Annotated 1953
17-27a-706, Utah Code Annotated 1953
17-27a-707, Utah Code Annotated 1953
17-27a-708, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
10-9a-101, (Renumbered from 10-9-101, as enacted by Chapter 235, Laws of Utah 1991)
10-9a-102, (Renumbered from 10-9-102, as last amended by Chapter 93, Laws of Utah
1992)
10-9a-103, (Renumbered from 10-9-103, as last amended by Chapters 34 and 209, Laws
of Utah 2000)
10-9a-104, (Renumbered from 10-9-104, as last amended by Chapter 73, Laws of Utah
2001)
10-9a-203, (Renumbered from 10-9-301.5, as enacted by Chapter 99, Laws of Utah 2004)
10-9a-301, (Renumbered from 10-9-201, as enacted by Chapter 235, Laws of Utah 1991)
10-9a-302, (Renumbered from 10-9-204, as enacted by Chapter 235, Laws of Utah 1991)
10-9a-303, (Renumbered from 10-9-205, as last amended by Chapter 23, Laws of Utah
1992)
10-9a-304, (Renumbered from 10-9-105, as last amended by Chapter 23, Laws of Utah
1992)
10-9a-305, (Renumbered from 10-9-106, as last amended by Chapter 149, Laws of Utah
1999)
10-9a-401, (Renumbered from 10-9-301, as last amended by Chapter 99, Laws of Utah
2004)
10-9a-402, (Renumbered from 10-9-203, as enacted by Chapter 235, Laws of Utah 1991)
10-9a-403, (Renumbered from 10-9-302, as last amended by Chapter 99, Laws of Utah
2004)
10-9a-404, (Renumbered from 10-9-303, as last amended by Chapter 23, Laws of Utah
1992)
10-9a-406, (Renumbered from 10-9-305, as last amended by Chapter 124, Laws of Utah
2003)
10-9a-407, (Renumbered from 10-9-306, as last amended by Chapter 34, Laws of Utah
2000)
10-9a-408, (Renumbered from 10-9-307, as last amended by Chapter 202, Laws of Utah
2004)
10-9a-501, (Renumbered from 10-9-401, as enacted by Chapter 235, Laws of Utah 1991)
10-9a-502, (Renumbered from 10-9-402, as last amended by Chapter 79, Laws of Utah
1995)
10-9a-503, (Renumbered from 10-9-403, as enacted by Chapter 235, Laws of Utah 1991)
10-9a-504, (Renumbered from 10-9-404, as last amended by Chapter 270, Laws of Utah
1998)
10-9a-505, (Renumbered from 10-9-405, as enacted by Chapter 235, Laws of Utah 1991)
10-9a-506, (Renumbered from 10-9-406, as enacted by Chapter 235, Laws of Utah 1991)
10-9a-507, (Renumbered from 10-9-407, as last amended by Chapter 179, Laws of Utah
1995)
10-9a-510, (Renumbered from 10-9-107, as enacted by Chapter 169, Laws of Utah 1999)
10-9a-511, (Renumbered from 10-9-408, as last amended by Chapter 138, Laws of Utah
2004)
10-9a-512, (Renumbered from 10-9-409, as enacted by Chapter 263, Laws of Utah 1997)
10-9a-514, (Renumbered from 10-9-106.5, as last amended by Chapter 253, Laws of
Utah 2001)
10-9a-515, (Renumbered from 10-9-108, as enacted by Chapter 111, Laws of Utah 2003)
10-9a-516, (Renumbered from 10-9-501, as last amended by Chapter 23, Laws of Utah
1992)
10-9a-517, (Renumbered from 10-9-502, as last amended by Chapter 140, Laws of Utah
1999)
10-9a-518, (Renumbered from 10-9-503, as enacted by Chapter 235, Laws of Utah 1991)
10-9a-519, (Renumbered from 10-9-504, as last amended by Chapter 108, Laws of Utah
1997)
10-9a-520, (Renumbered from 10-9-605, as last amended by Chapter 283, Laws of Utah
2003)
10-9a-601, (Renumbered from 10-9-801, as last amended by Chapter 23, Laws of Utah
1992)
10-9a-602, (Renumbered from 10-9-802, as last amended by Chapter 23, Laws of Utah
1992)
10-9a-603, (Renumbered from 10-9-804, as last amended by Chapter 211, Laws of Utah
2003)
10-9a-604, (Renumbered from 10-9-805, as last amended by Chapter 241, Laws of Utah
2001)
10-9a-605, (Renumbered from 10-9-806, as last amended by Chapter 291, Laws of Utah
2002)
10-9a-606, (Renumbered from 10-9-806.5, as enacted by Chapter 241, Laws of Utah
2001)
10-9a-607, (Renumbered from 10-9-807, as last amended by Chapter 209, Laws of Utah
2000)
10-9a-608, (Renumbered from 10-9-808, as last amended by Chapter 211, Laws of Utah
2003)
10-9a-609, (Renumbered from 10-9-810, as last amended by Chapter 179, Laws of Utah
1995)
10-9a-610, (Renumbered from 10-9-901, as enacted by Chapter 235, Laws of Utah 1991)
10-9a-611, (Renumbered from 10-9-811, as last amended by Chapter 241, Laws of Utah
2001)
10-9a-702, (Renumbered from 10-9-707, as last amended by Chapter 23, Laws of Utah
1992)
10-9a-801, (Renumbered from 10-9-1001, as last amended by Chapter 223, Laws of Utah
2004)
10-9a-802, (Renumbered from 10-9-1002, as enacted by Chapter 235, Laws of Utah
1991)
10-9a-803, (Renumbered from 10-9-1003, as last amended by Chapter 23, Laws of Utah
1992)
17-27a-101, (Renumbered from 17-27-101, as enacted by Chapter 235, Laws of Utah
1991)
17-27a-102, (Renumbered from 17-27-102, as last amended by Chapter 107, Laws of
Utah 2001)
17-27a-103, (Renumbered from 17-27-103, as last amended by Chapters 66 and 241,
Laws of Utah 2001)
17-27a-104, (Renumbered from 17-27-104, as last amended by Chapter 73, Laws of Utah
2001)
17-27a-203, (Renumbered from 17-27-301.5, as enacted by Chapter 99, Laws of Utah
2004)
17-27a-301, (Renumbered from 17-27-201, as last amended by Chapter 13, Laws of Utah
1998)
17-27a-302, (Renumbered from 17-27-204, as last amended by Chapter 3, Laws of Utah
1997, Second Special Session)
17-27a-303, (Renumbered from 17-27-205, as last amended by Chapter 225, Laws of
Utah 1995)
17-27a-304, (Renumbered from 17-27-104.5, as enacted by Chapter 179, Laws of Utah
1995)
17-27a-305, (Renumbered from 17-27-105, as last amended by Chapter 149, Laws of
Utah 1999)
17-27a-306, (Renumbered from 17-27-200.5, as last amended by Chapter 3, Laws of
Utah 1997, Second Special Session)
17-27a-307, (Renumbered from 17-27-206, as last amended by Chapter 3, Laws of Utah
1997, Second Special Session)
17-27a-401, (Renumbered from 17-27-301, as last amended by Chapter 99, Laws of Utah
2004)
17-27a-402, (Renumbered from 17-27-203, as last amended by Chapter 225, Laws of
Utah 1995)
17-27a-403, (Renumbered from 17-27-302, as last amended by Chapter 99, Laws of Utah
2004)
17-27a-404, (Renumbered from 17-27-303, as last amended by Chapter 16, Laws of Utah
2003)
17-27a-406, (Renumbered from 17-27-305, as last amended by Chapter 124, Laws of
Utah 2003)
17-27a-407, (Renumbered from 17-27-306, as last amended by Chapter 34, Laws of Utah
2000)
17-27a-408, (Renumbered from 17-27-307, as last amended by Chapter 202, Laws of
Utah 2004)
17-27a-409, (Renumbered from 17-27-308, as enacted by Chapter 107, Laws of Utah
2001)
17-27a-501, (Renumbered from 17-27-401, as enacted by Chapter 235, Laws of Utah
1991)
17-27a-502, (Renumbered from 17-27-402, as last amended by Chapter 23, Laws of Utah
1992)
17-27a-503, (Renumbered from 17-27-403, as enacted by Chapter 235, Laws of Utah
1991)
17-27a-504, (Renumbered from 17-27-404, as last amended by Chapter 270, Laws of
Utah 1998)
17-27a-505, (Renumbered from 17-27-405, as enacted by Chapter 235, Laws of Utah
1991)
17-27a-506, (Renumbered from 17-27-406, as last amended by Chapter 241, Laws of
Utah 2001)
17-27a-509, (Renumbered from 17-27-106, as last amended by Chapter 131, Laws of
Utah 2003)
17-27a-510, (Renumbered from 17-27-407, as last amended by Chapter 138, Laws of
Utah 2004)
17-27a-511, (Renumbered from 17-27-408, as enacted by Chapter 263, Laws of Utah
1997)
17-27a-513, (Renumbered from 17-27-105.5, as last amended by Chapter 253, Laws of
Utah 2001)
17-27a-514, (Renumbered from 17-27-107, as enacted by Chapter 111, Laws of Utah
2003)
17-27a-515, (Renumbered from 17-27-501, as last amended by Chapter 23, Laws of Utah
1992)
17-27a-516, (Renumbered from 17-27-502, as last amended by Chapter 140, Laws of
Utah 1999)
17-27a-517, (Renumbered from 17-27-503, as enacted by Chapter 235, Laws of Utah
1991)
17-27a-518, (Renumbered from 17-27-504, as last amended by Chapter 108, Laws of
Utah 1997)
17-27a-519, (Renumbered from 17-27-605, as last amended by Chapter 283, Laws of
Utah 2003)
17-27a-601, (Renumbered from 17-27-801, as enacted by Chapter 235, Laws of Utah
1991)
17-27a-602, (Renumbered from 17-27-802, as last amended by Chapter 23, Laws of Utah
1992)
17-27a-603, (Renumbered from 17-27-804, as last amended by Chapter 211, Laws of
Utah 2003)
17-27a-604, (Renumbered from 17-27-805, as last amended by Chapter 241, Laws of
Utah 2001)
17-27a-605, (Renumbered from 17-27-806, as last amended by Chapter 211, Laws of
Utah 2003)
17-27a-606, (Renumbered from 17-27-806.5, as enacted by Chapter 241, Laws of Utah
2001)
17-27a-607, (Renumbered from 17-27-807, as last amended by Chapter 209, Laws of
Utah 2000)
17-27a-608, (Renumbered from 17-27-808, as last amended by Chapter 211, Laws of
Utah 2003)
17-27a-609, (Renumbered from 17-27-810, as last amended by Chapter 241, Laws of
Utah 2001)
17-27a-610, (Renumbered from 17-27-901, as last amended by Chapter 241, Laws of
Utah 2001)
17-27a-611, (Renumbered from 17-27-811, as last amended by Chapter 291, Laws of
Utah 2002)
17-27a-702, (Renumbered from 17-27-707, as last amended by Chapter 179, Laws of
Utah 1995)
17-27a-801, (Renumbered from 17-27-1001, as last amended by Chapter 223, Laws of
Utah 2004)
17-27a-802, (Renumbered from 17-27-1002, as enacted by Chapter 235, Laws of Utah
1991)
17-27a-803, (Renumbered from 17-27-1003, as last amended by Chapter 23, Laws of
Utah 1992)
REPEALS:
10-8-8.1, as last amended by Chapter 180, Laws of Utah 1995
10-8-8.2, as last amended by Chapter 180, Laws of Utah 1995
10-8-8.3, as enacted by Chapter 14, Laws of Utah 1955
10-8-8.4, as last amended by Chapter 84, Laws of Utah 1997
10-9-103.5, as enacted by Chapter 339, Laws of Utah 1999
10-9-202, as enacted by Chapter 235, Laws of Utah 1991
10-9-304, as enacted by Chapter 235, Laws of Utah 1991
10-9-701, as last amended by Chapter 23, Laws of Utah 1992
10-9-702, as last amended by Chapter 23, Laws of Utah 1992
10-9-703, as last amended by Chapter 23, Laws of Utah 1992
10-9-704, as last amended by Chapter 179, Laws of Utah 1995
10-9-705, as last amended by Chapter 23, Laws of Utah 1992
10-9-706, as enacted by Chapter 235, Laws of Utah 1991
10-9-708, as last amended by Chapter 223, Laws of Utah 2004
10-9-803, as enacted by Chapter 235, Laws of Utah 1991
10-9-809, as last amended by Chapter 69, Laws of Utah 1997
17-27-103.5, as enacted by Chapter 339, Laws of Utah 1999
17-27-202, as last amended by Chapters 179 and 225, Laws of Utah 1995
17-27-304, as enacted by Chapter 235, Laws of Utah 1991
17-27-701, as last amended by Chapter 179, Laws of Utah 1995
17-27-702, as last amended by Chapter 241, Laws of Utah 2001
17-27-703, as last amended by Chapter 241, Laws of Utah 2001
17-27-704, as last amended by Chapter 241, Laws of Utah 2001
17-27-705, as last amended by Chapter 23, Laws of Utah 1992
17-27-706, as enacted by Chapter 235, Laws of Utah 1991
17-27-708, as last amended by Chapter 223, Laws of Utah 2004
17-27-803, as enacted by Chapter 235, Laws of Utah 1991
17-27-809, as last amended by Chapter 241, Laws of Utah 2001
Be it enacted by the Legislature of the state of Utah:
Section 1.
Section
9-4-1204
is amended to read:
9-4-1204. Technical assistance to political subdivisions for housing plan.
(1) Within appropriations from the Legislature, the division shall establish a program to
assist municipalities to meet the requirements of Section [
10-9-307
]
10-9a-408
and counties to
meet the requirements of Section [
17-27-307
]
17-27a-408
. Assistance under this section may
include:
(a) financial assistance for the cost of developing a plan for low and moderate income
housing;
(b) information on how to meet present and prospective needs for low and moderate
income housing; and
(c) technical advice and consultation on how to facilitate the creation of low and
moderate income housing.
(2) The division shall annually report to the Workforce Services and Community and
Economic Development Interim Committee, and to the Health and Human Services Interim
Committee regarding the scope, amount, and type of assistance provided to municipalities and
counties under this section, including the number of low and moderate income housing units
constructed or rehabilitated within the state.
Section 2.
Section
10-8-2
is amended to read:
10-8-2. Appropriations -- Acquisition and disposal of property -- Corporate
purpose -- Procedure -- Notice of intent to acquire real property.
(1) A municipal legislative body may:
(a) appropriate money for corporate purposes only;
(b) provide for payment of debts and expenses of the corporation;
(c) subject to Subsections (4) and (5), purchase, receive, hold, sell, lease, convey, and
dispose of real and personal property for the benefit of the municipality, whether the property is
within or without the municipality's corporate boundaries;
(d) improve, protect, and do any other thing in relation to this property that an individual
could do; and
(e) subject to Subsection (2) and after first holding a public hearing, authorize municipal
services or other nonmonetary assistance to be provided to or waive fees required to be paid by a
nonprofit entity, whether or not the municipality receives consideration in return.
(2) Services or assistance provided pursuant to Subsection (1)(e) is not subject to the
provisions of Subsection (3). The total amount of services or other nonmonetary assistance
provided or fees waived under Subsection (1)(e) in any given fiscal year may not exceed 1% of
the municipality's budget for that fiscal year.
(3) It is considered a corporate purpose to appropriate money for any purpose that, in the
judgment of the municipal legislative body, provides for the safety, health, prosperity, moral
well-being, peace, order, comfort, or convenience of the inhabitants of the municipality subject to
the following:
(a) The net value received for any money appropriated shall be measured on a
project-by-project basis over the life of the project.
(b) The criteria for a determination under this Subsection (3) shall be established by the
municipality's legislative body. A determination of value received, made by the municipality's
legislative body, shall be presumed valid unless it can be shown that the determination was
arbitrary, capricious, or illegal.
(c) The municipality may consider intangible benefits received by the municipality in
determining net value received.
(d) Prior to the municipal legislative body making any decision to appropriate any funds
for a corporate purpose under this section, a public hearing shall be held. Notice of the hearing
shall be published in a newspaper of general circulation at least 14 days prior to the date of the
hearing, or, if there is no newspaper of general circulation, by posting notice in at least three
conspicuous places within the municipality for the same time period.
(e) A study shall be performed before notice of the public hearing is given and shall be
made available at the municipality for review by interested parties at least 14 days immediately
prior to the public hearing, setting forth an analysis and demonstrating the purpose for the
appropriation. In making the study, the following factors shall be considered:
(i) what identified benefit the municipality will receive in return for any money or
resources appropriated;
(ii) the municipality's purpose for the appropriation, including an analysis of the way the
appropriation will be used to enhance the safety, health, prosperity, moral well-being, peace,
order, comfort, or convenience of the inhabitants of the municipality; and
(iii) whether the appropriation is necessary and appropriate to accomplish the reasonable
goals and objectives of the municipality in the area of economic development, job creation,
affordable housing, blight elimination, job preservation, the preservation of historic structures
and property, and any other public purpose.
(f) An appeal may be taken from a final decision of the municipal legislative body, to
make an appropriation. The appeal shall be filed within 30 days after the date of that decision, to
the district court. Any appeal shall be based on the record of the proceedings before the
legislative body. A decision of the municipal legislative body shall be presumed to be valid
unless the appealing party shows that the decision was arbitrary, capricious, or illegal.
(g) The provisions of this Subsection (3) apply only to those appropriations made after
May 6, 2002.
(h) This section shall only apply to appropriations not otherwise approved pursuant to
Title 10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Title 10, Chapter 6,
Uniform Fiscal Procedures Act for Utah Cities.
(4) (a) Before a municipality may dispose of a significant parcel of real property, the
municipality shall:
(i) provide reasonable notice of the proposed disposition at least 14 days before the
opportunity for public comment under Subsection (4)(a)(ii); and
(ii) allow an opportunity for public comment on the proposed disposition.
(b) Each municipality shall, by ordinance, define what constitutes:
(i) a significant parcel of real property for purposes of Subsection (4)(a); and
(ii) reasonable notice for purposes of Subsection (4)(a)(i).
(5) (a) Except as provided in Subsection (5)(d), each municipality intending to acquire
real property for the purpose of expanding the municipality's infrastructure or other facilities used
for providing services that the municipality offers or intends to offer shall provide written notice,
as provided in this Subsection (5), of its intent to acquire the property if:
(i) the property is located:
(A) outside the boundaries of the municipality; and
(B) in a county of the first or second class; and
(ii) the intended use of the property is contrary to:
(A) the anticipated use of the property under the general plan of the county in whose
unincorporated area or the municipality in whose boundaries the property is located; or
(B) the property's current zoning designation.
(b) Each notice under Subsection (5)(a) shall:
(i) indicate that the municipality intends to acquire real property;
(ii) identify the real property; and
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whose
boundaries the property is located; and
(B) each affected entity.
(c) A notice under this Subsection (5) is a protected record as provided in Subsection
63-2-304
(7).
(d) (i) The notice requirement of Subsection (5)(a) does not apply if the municipality
previously provided notice under Section [
10-9-301.5
]
10-9a-203
identifying the general location
within the municipality or unincorporated part of the county where the property to be acquired is
located.
(ii) If a municipality is not required to comply with the notice requirement of Subsection
(5)(a) because of application of Subsection (5)(d)(i), the municipality shall provide the notice
specified in Subsection (5)(a) as soon as practicable after its acquisition of the real property.
Section 3.
Section
10-8-8
is amended to read:
10-8-8. Streets, parks, airports, parking facilities, public grounds, and pedestrian
malls.
[They] A municipal legislative body may lay out, establish, open, alter, widen, narrow,
extend, grade, pave, or otherwise improve streets, alleys, avenues, boulevards, sidewalks, parks,
airports, parking lots, or other facilities for the parking of vehicles off streets, public grounds, and
pedestrian malls and may vacate the same or parts thereof, [by ordinance] as provided in this
title.
Section 4.
Section
10-9a-101
, which is renumbered from Section 10-9-101 is
renumbered and amended to read:
CHAPTER 9a. MUNICIPAL LAND USE, DEVELOPMENT, AND MANAGEMENT
ACT
Part 1. General Provisions
[10-9-101]. 10-9a-101. Title.
This chapter [shall be] is known as ["The] the "Municipal Land Use, Development, and
Management Act."
Section 5.
Section
10-9a-102
, which is renumbered from Section 10-9-102 is
renumbered and amended to read:
[10-9-102]. 10-9a-102. Purposes -- General land use authority.
[To accomplish the purpose]
(1) The purposes of this chapter[, and in order] are to provide for the health, safety, and
welfare, and promote the prosperity, improve the morals, peace and good order, comfort,
convenience, and aesthetics of [the] each municipality and its present and future inhabitants and
businesses, to protect the tax base, to secure economy in governmental expenditures, to foster the
state's agricultural and other industries, to protect both urban and nonurban development, to
protect and ensure access to sunlight for solar energy devices, and to protect property values[,].
(2) To accomplish the purposes of this chapter, municipalities may enact all ordinances,
resolutions, and rules and may enter into other forms of land use controls and development
agreements that they consider necessary or appropriate for the use and development of land
within the municipality, including ordinances, resolutions, [and] rules, restrictive covenants,
easements, and development agreements governing uses, density, open spaces, structures,
buildings, energy efficiency, light and air, air quality, transportation and public or alternative
transportation, infrastructure, street and building orientation and width requirements, public
facilities, and height and location of vegetation, [and] trees, and landscaping, unless [those
ordinances, resolutions, or rules are] expressly prohibited by law.
Section 6.
Section
10-9a-103
, which is renumbered from Section 10-9-103 is
renumbered and amended to read:
[10-9-103]. 10-9a-103. Definitions.
[(1)] As used in this chapter:
(1) "Affected entity" means a county, municipality, independent special district under
Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B, Chapter 2,
Local Districts, school district, interlocal cooperation entity established under Title 11, Chapter
13, Interlocal Cooperation Act, specified public utility, or the Utah Department of
Transportation, if:
(a) the entity's services or facilities are likely to require expansion or significant
modification because of an intended use of land;
(b) the entity has filed with the municipality a copy of the entity's general or long-range
plan; or
(c) the entity's boundaries or facilities are within one mile of land which is the subject of
a general plan amendment or land use ordinance change.
(2) "Appeal authority" means the person, board, commission, agency, or other body
designated by ordinance to decide an appeal of a decision of a land use application or a variance.
[(a)] (3) "Billboard" means a freestanding ground sign located on industrial, commercial,
or residential property if the sign is designed or intended to direct attention to a business,
product, or service that is not sold, offered, or existing on the property where the sign is located.
[(b)] (4) "Chief executive officer" means the:
[(i) the] (a) mayor in municipalities operating under all forms of municipal government
except the council-manager form; or
[(ii) the] (b) city manager in municipalities operating under the council-manager form of
municipal government.
[(c)] (5) "Conditional use" means a land use that, because of its unique characteristics or
potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
compatible in some areas or may be compatible only if certain conditions are required that
mitigate or eliminate the detrimental impacts.
[(d) "Constitutional taking" has the meaning as defined in Section
63-34-13
.]
[(e) "County" means the unincorporated area of the county.]
(6) "Constitutional taking" means a governmental action that results in a taking of private
property so that compensation to the owner of the property is required by the:
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
(b) Utah Constitution Article I, Section 22.
(7) "Culinary water authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of the culinary water system and sources for
the subject property.
(8) (a) "Disability" means a physical or mental impairment that substantially limits one
or more of a person's major life activities, including a person having a record of such an
impairment or being regarded as having such an impairment.
(b) "Disability" does not include current illegal use of, or addiction to, any federally
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802.
[(f)] (9) "Elderly person" means a person who is 60 years old or older, who desires or
needs to live with other elderly persons in a group setting, but who is capable of living
independently.
[(g) (i)] (10) "General plan" means a document that a municipality adopts that sets forth
general guidelines for proposed future development of the land within the municipality[, as set
forth in Sections
10-9-301
and
10-9-302
].
[(ii) "General plan" includes what is also commonly referred to as a "master plan."]
[(h) "Legislative body" means the city council or city commission.]
[(i) "Lot line adjustment" in a subdivision means the relocation of the property boundary
line between two adjoining lots with the consent of the owners of record.]
[(j) "Municipality" means a city or town.]
[(k) "Nonconforming]
(11) "Identical plans" means building plans submitted to a municipality that are
substantially identical to building plans that were previously submitted to and reviewed and
approved by the municipality and describe a building that is:
(a) located on land zoned the same as the land on which the building described in the
previously approved plans is located; and
(b) subject to the same geological and meteorological conditions and the same law as the
building described in the previously approved plans.
(12) "Land use application" means an application required by a municipality's land use
ordinance.
(13) "Land use authority" means a person, board, commission, agency, or other body
designated by the local legislative body to act upon a land use application.
(14) "Land use ordinance" means a planning, zoning, development, or subdivision
ordinance of the municipality, but does not include the general plan.
(15) "Legislative body" means the municipal council.
(16) "Lot line adjustment" means the relocation of the property boundary line in a
subdivision between two adjoining lots with the consent of the owners of record.
(17) "Moderate income housing" means housing occupied or reserved for occupancy by
households with a gross household income equal to or less than 80% of the median gross income
for households of the same size in the county in which the city is located.
(18) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
spent and expenses incurred in:
(a) verifying that building plans are identical plans; and
(b) reviewing and approving those minor aspects of identical plans that differ from the
previously reviewed and approved building plans.
(19) "Noncomplying structure" means a structure that:
[(i)] (a) legally existed before its current [zoning] land use designation; and
[(ii)] (b) because of one or more subsequent [zoning] land use ordinance changes, does
not conform [with] to the [zoning regulation's] setback, height restrictions, or other regulations
[that], excluding those regulations, which govern the [structure] use of land.
[(l)] (20) "Nonconforming use" means a use of land that:
[(i)] (a) legally existed before its current [zoning] land use designation;
[(ii)] (b) has been maintained continuously since the time the [zoning regulation] land
use ordinance governing the land changed; and
[(iii)] (c) because of one or more subsequent [zoning] land use ordinance changes, does
not conform [with] to the [zoning] regulations that now govern the use of the land.
[(m) "Official map" has the same meaning as provided in Section
72-5-401
.]
(21) "Official map" means a map drawn by municipal authorities and recorded in a
county recorder's office that:
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
highways and other transportation facilities;
(b) provides a basis for restricting development in designated rights-of-way or between
designated setbacks to allow the government authorities time to purchase or otherwise reserve the
land; and
(c) has been adopted as an element of the municipality's general plan.
(22) "Person" means an individual, corporation, partnership, organization, association,
trust, governmental agency, or any other legal entity.
(23) "Plan for moderate income housing" means a written document adopted by a city
legislative body that includes:
(a) an estimate of the existing supply of moderate income housing located within the
city;
(b) an estimate of the need for moderate income housing in the city for the next five
years as revised biennially;
(c) a survey of total residential land use;
(d) an evaluation of how existing land uses and zones affect opportunities for moderate
income housing; and
(e) a description of the city's program to encourage an adequate supply of moderate
income housing.
[(n)] (24) "Plat" means a map or other graphical representation of lands being laid out
and prepared in accordance with [Section
10-9-804
] Section
10-9a-603
,
17-23-17
, or
57-8-13
.
(25) "Public hearing" means a hearing at which members of the public are provided a
reasonable opportunity to comment on the subject of the hearing.
(26) "Public meeting" means a meeting that is required to be open to the public under
Title 52, Chapter 4, Open and Public Meetings.
[(o)] (27) "Record of survey map" means a map of a survey of land prepared in
accordance with Section
17-23-17
.
[(p) (i)] (28) "Residential facility for elderly persons" means a single-family or
multiple-family dwelling unit that meets the requirements of Part [5 and any ordinance adopted
under authority of that part. (ii) "Residential facility for elderly persons"] 4, General Plan, but
does not include a health care facility as defined by Section
26-21-2
.
(29) "Residential facility for persons with a disability" means a residence:
(a) in which more than one person with a disability resides; and
(b) (i) is licensed or certified by the Department of Human Services under Title 62A,
Chapter 2, Licensure of Programs and Facilities; or
(ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
Health Care Facility Licensing and Inspection Act.
(30) "Sanitary sewer authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of sanitary sewer services or onsite
wastewater systems.
[(q)] (31) "Special district" means [all entities] an entity established under the authority
of Title 17A, Special Districts, and any other governmental or quasi-governmental entity that is
not a county, municipality, school district, or unit of the state.
[(r) "Street" means public rights-of-way, including highways, avenues, boulevards,
parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
other ways.]
(32) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section
54-2-1
.
(33) "Street" means a public right-of-way, including a highway, avenue, boulevard,
parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other way.
[(s) (i)] (34) (a) "Subdivision" means any land that is divided, resubdivided or proposed
to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
purpose, whether immediate or future, for offer, sale, lease, or development either on the
installment plan or upon any and all other plans, terms, and conditions.
[(ii)] (b) "Subdivision" includes:
[(A)] (i) the division or development of land whether by deed, metes and bounds
description, devise and testacy, [lease,] map, plat, or other recorded instrument; and
[(B)] (ii) except as provided in Subsection [(1)(s)(iii)] (34)(c), divisions of land for [all]
residential and nonresidential uses, including land used or to be used for commercial,
agricultural, and industrial purposes.
[(iii)] (c) "Subdivision" does not include:
[(A)] (i) a bona fide division or partition of agricultural land for the purpose of joining
one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
neither the resulting combined parcel nor the parcel remaining from the division or partition
violates an applicable [zoning] land use ordinance;
[(B)] (ii) a recorded agreement between owners of adjoining unsubdivided properties
adjusting their mutual boundary if:
[(I)] (A) no new lot is created; and
[(II)] (B) the adjustment does not [result in a violation of] violate applicable [zoning]
land use ordinances; or
[(C)] (iii) a recorded document, executed by the owner of record[,]:
(A) revising the legal description of more than one contiguous unsubdivided parcel of
property into one legal description encompassing all such parcels of property[.]; or
(B) joining a subdivided parcel of property to another parcel of property that has not been
subdivided, if the joinder does not violate applicable land use ordinances.
[(iv)] (d) The joining of a subdivided parcel of property to another parcel of property that
has not been subdivided does not constitute a ["]subdivision["] under this Subsection [(1)(s)]
(34) as to the unsubdivided parcel of property or subject the unsubdivided parcel to the
municipality's subdivision ordinance.
[(t)] (35) "Unincorporated" means the area outside of the incorporated [boundaries of
cities and towns] area of a city or town.
[(2) (a) A municipality meets the requirements of reasonable notice required by this
chapter if it:]
[(i) posts notice of the hearing or meeting in at least three public places within the
jurisdiction and publishes notice of the hearing or meeting in a newspaper of general circulation
in the jurisdiction, if one is available; or]
[(ii) gives actual notice of the hearing or meeting.]
[(b) A municipal legislative body may enact an ordinance establishing stricter notice
requirements than those required by this Subsection (2).]
[(c) (i) Proof that one of the two forms of notice authorized by this Subsection (2) was
given is prima facie evidence that notice was properly given.]
[(ii) If notice given under authority of this section is not challenged as provided in
Section
10-9-1001
within 30 days from the date of the meeting for which the notice was given,
the notice is considered adequate and proper.]
(36) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
land use zones, overlays, or districts.
Section 7.
Section
10-9a-104
, which is renumbered from Section 10-9-104 is
renumbered and amended to read:
[10-9-104]. 10-9a-104. Stricter requirements.
(1) Except as provided in Subsection (2), [municipalities] a municipality may enact
[ordinances] an ordinance imposing stricter requirements or higher standards than are required by
this chapter.
(2) A municipality may not impose stricter requirements or higher standards than are
required by:
(a) Section [
10-9-106
]
10-9a-305
;
[(b) Section
10-9-106.5
;]
[(c) Part 5, Residential Facilities for Elderly; and]
[(d) Part 6, Residential Facilities for Persons with a Disability.]
(b) Section
10-9a-514
;
(c) Section
10-9a-516
; and
(d) Section
10-9a-520
.
Section 8.
Section
10-9a-201
is enacted to read:
Part 2. Notice
10-9a-201. Required notice.
(1) At a minimum, each municipality shall provide actual notice or the notice required by
this part.
(2) A municipality may by ordinance require greater notice than required under this part.
Section 9.
Section
10-9a-202
is enacted to read:
10-9a-202. Applicant notice.
For each land use application, the municipality shall notify the applicant of the date, time,
and place of each public hearing and public meeting to consider the application and of any final
action on a pending application.
Section 10.
Section
10-9a-203
, which is renumbered from Section 10-9-301.5 is
renumbered and amended to read:
[10-9-301.5]. 10-9a-203. Notice of intent to prepare a general plan or
comprehensive general plan amendments in certain municipalities.
[(1) As used in this section:]
[(a) (i) "Affected entity" means each county, municipality, independent special district
under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B, Chapter
2, Local Districts, school district, interlocal cooperation entity established under Title 11,
Chapter 13, Interlocal Cooperation Act, and specified public utility:]
[(A) whose services or facilities are likely to require expansion or significant
modification because of an intended use of land; or]
[(B) that has filed with the municipality a copy of the entity's general or long-range plan.]
[(ii) "Affected entity" does not include the municipality that is required under this section
to provide notice.]
[(b) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section
54-2-1
.]
[(2)] (1) Before preparing a proposed general plan or [amendments to an existing] a
comprehensive general plan amendment, each municipality within a county of the first or second
class shall provide [written] ten calendar days notice[, as provided in this section,] of its intent to
prepare a proposed general plan or [amendments to] a comprehensive general plan[.] amendment
to:
(a) each affected entity;
(b) the Automated Geographic Reference Center created in Section
63A-6-202
;
(c) the association of governments, established pursuant to an interlocal agreement under
Title 11, Chapter 13, Interlocal Cooperation Act, of which the municipality is a member; and
(d) the state planning coordinator appointed under Section
63-38d-202
.
[(3)] (2) Each notice under Subsection [(2)] (1) shall:
(a) indicate that the municipality intends to prepare a general plan or [amendments to] a
comprehensive general plan amendment, as the case may be;
(b) describe or provide a map of the geographic area that will be affected by the general
plan or [amendments to a general plan] amendment;
(c) be sent [to:] by mail, e-mail, or other effective means;
[(i) each affected entity;]
[(ii) the Automated Geographic Reference Center created in Section
63A-6-202
;]
[(iii) the association of governments, established pursuant to an interlocal agreement
under Title 11, Chapter 13, Interlocal Cooperation Act, of which the municipality is a member;
and]
[(iv) the state planning coordinator appointed under Section
63-38d-202
;]
(d) [with respect to the notice to affected entities,] invite the affected entities to provide
information for the municipality to consider in the process of preparing, adopting, and
implementing a general plan or [amendments to a general plan] amendment concerning:
(i) impacts that the use of land proposed in the proposed general plan or [amendments to
a general plan] amendment may have [on the affected entity]; and
(ii) uses of land within the municipality that the affected entity is [planning or]
considering that may conflict with the proposed general plan or [amendments to the general plan]
amendment; and
(e) include the address of an Internet website, if the municipality has one, and the name
and telephone number of a person where more information can be obtained concerning the
municipality's proposed general plan or [amendments to a general plan] amendment.
Section 11.
Section
10-9a-204
is enacted to read:
10-9a-204. Notice of public hearings and public meetings to consider general plan
or modifications.
(1) Each municipality shall provide:
(a) notice of the date, time, and place of the first public hearing to consider the original
adoption or any modification of all or any portion of a general plan; and
(b) notice of each public meeting on the subject.
(2) Each notice of a public hearing under Subsection (1)(a) shall be at least ten calendar
days before the public hearing and shall be:
(a) published in a newspaper of general circulation in the area;
(b) mailed to each affected entity; and
(c) posted:
(i) in at least three public locations within the municipality; or
(ii) on the municipality's official website.
(3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
before the meeting and shall be:
(a) submitted to a newspaper of general circulation in the area; and
(b) posted:
(i) in at least three public locations within the municipality; or
(ii) on the municipality's official website.
Section 12.
Section
10-9a-205
is enacted to read:
10-9a-205. Notice of public hearings and public meetings on adoption or
modification of land use ordinance.
(1) Each municipality shall give:
(a) notice of the date, time, and place of the first public hearing to consider the adoption
or any modification of a land use ordinance; and
(b) notice of each public meeting on the subject.
(2) Each notice of a public hearing under Subsection (1)(a) shall be:
(a) mailed to each affected entity at least ten calendar days before the public hearing;
(b) posted:
(i) in at least three public locations within the municipality; or
(ii) on the municipality's official website; and
(c) (i) published in a newspaper of general circulation in the area at least ten calendar
days before the public hearing; or
(ii) mailed at least three days before the public hearing to:
(A) each property owner whose land is directly affected by the land use ordinance
change; and
(B) each adjacent property owner within the parameters specified by municipal
ordinance.
(3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
before the meeting and shall be posted:
(a) in at least three public locations within the municipality; or
(b) on the municipality's official website.
Section 13.
Section
10-9a-206
is enacted to read:
10-9a-206. Third party notice.
(1) If a municipality requires notice to adjacent property owners, the municipality shall:
(a) mail notice to the record owner of each parcel within parameters specified by
municipal ordinance; or
(b) post notice on the property with a sign of sufficient size, durability, print quality, and
location that is reasonably calculated to give notice to passers-by.
(2) If a municipality mails notice to third party property owners under Subsection (1), it
shall mail equivalent notice to property owners within an adjacent jurisdiction.
Section 14.
Section
10-9a-207
is enacted to read:
10-9a-207. Notice for a proposed subdivision or amendment or a multiple-unit
residential or commercial or industrial development.
(1) For a proposed subdivision or an amendment to a subdivision, each municipality
shall provide notice of the date, time, and place of a public hearing that is:
(a) mailed not less than three calendar days before the public hearing and addressed to
the record owner of each parcel within specified parameters of that property; or
(b) posted not less than three calendar days before the public hearing, on the property
proposed for subdivision, in a visible location, with a sign of sufficient size, durability, and print
quality that is reasonably calculated to give notice to passers-by.
(2) Each municipality shall mail notice to each affected entity of a public hearing to
consider a preliminary plat describing a multiple-unit residential development or a commercial or
industrial development.
(3) Each municipality shall provide notice as required by Section
10-9a-208
for a
subdivision that involves a vacation, alteration, or amendment of a street.
Section 15.
Section
10-9a-208
is enacted to read:
10-9a-208. Hearing and notice for proposal to vacate, alter, or amend a plat.
For any proposal to vacate, alter, or amend a platted street, the land use authority shall
hold a public hearing and shall give notice of the date, place, and time of the hearing by:
(1) mailing notice as required in Section
10-9a-207
;
(2) mailing notice to each affected entity; and
(3) (a) publishing notice once a week for four consecutive weeks before the hearing in a
newspaper of general circulation in the municipality in which the land subject to the petition is
located; or
(b) if there is no newspaper of general circulation in the municipality, posting the
property and posting notice in three public places for four consecutive weeks before the hearing.
Section 16.
Section
10-9a-209
is enacted to read:
10-9a-209. Notice challenge.
If notice given under authority of this part is not challenged under Section
10-9a-801
within 30 days after the meeting or action for which notice is given, the notice is considered
adequate and proper.
Section 17.
Section
10-9a-301
, which is renumbered from Section 10-9-201 is
renumbered and amended to read:
Part 3. Planning Commission
[10-9-201]. 10-9a-301. Ordinance establishing planning commission required --
Ordinance requirements -- Compensation.
(1) (a) Each municipality [may] shall enact an ordinance establishing a planning
commission.
(b) The ordinance shall define:
(i) the number and terms of the members and, if the municipality chooses, alternate
members;
(ii) the mode of appointment;
(iii) the procedures for filling vacancies and removal from office; [and]
(iv) the authority of the planning commission; and
[(iv)] (v) other details relating to the organization and procedures of the planning
commission.
(2) The legislative body may fix per diem compensation for the members of the planning
commission, based on necessary and reasonable expenses and on meetings actually attended.
Section 18.
Section
10-9a-302
, which is renumbered from Section 10-9-204 is
renumbered and amended to read:
[10-9-204]. 10-9a-302. Planning commission powers and duties.
The planning commission shall[: (1) prepare and recommend] make a recommendation
to the legislative body for:
(1) a general plan and amendments to the general plan [to the legislative body as
provided in this chapter];
[(2) recommend zoning ordinances and maps, and amendments to zoning ordinances and
maps, to the legislative body as provided in this chapter;]
[(3) administer provisions of the zoning ordinance, where specifically provided for in the
zoning ordinance adopted by the legislative body;]
[(4) recommend subdivision regulations and amendments to those regulations to the
legislative body as provided in this chapter;]
[(5) recommend approval or denial of subdivision applications as provided in this
chapter;]
[(6) advise the legislative body on matters as the legislative body directs;]
[(7) hear or decide any matters that the legislative body designates, including the
approval or denial of, or recommendations to approve or deny, conditional use permits;]
[(8) exercise any other powers:]
[(a) that are necessary to enable it to perform its function; or]
[(b) delegated to it by the legislative body.]
(2) land use ordinances, zoning maps, official maps, and amendments;
(3) an appropriate delegation of power to at least one designated land use authority to
hear and act on a land use application;
(4) an appropriate delegation of power to at least one appeal authority to hear and act on
an appeal from a decision of the land use authority; and
(5) application processes that:
(a) may include a designation of routine land use matters that, upon application and
proper notice, will receive informal streamlined review and action if the application is
uncontested; and
(b) shall protect the right of each:
(i) applicant and third party to require formal consideration of any application by a land
use authority;
(ii) applicant, adversely affected party, or municipal officer or employee to appeal a land
use authority's decision to a separate appeal authority; and
(iii) participant to be heard in each public hearing on a contested application.
Section 19.
Section
10-9a-303
, which is renumbered from Section 10-9-205 is
renumbered and amended to read:
[10-9-205]. 10-9a-303. Entrance upon land.
The [planning commission or its authorized agents] municipality may enter upon any land
at reasonable times to make examinations and surveys[.] pertinent to the:
(1) preparation of its general plan; or
(2) preparation or enforcement of its land use ordinances.
Section 20.
Section
10-9a-304
, which is renumbered from Section 10-9-105 is
renumbered and amended to read:
[10-9-105]. 10-9a-304. State and federal property.
Unless otherwise provided by law, nothing contained in [Parts 4 and 8 of] this chapter
may be construed as giving [the planning commission or the legislative body] a municipality
jurisdiction over [properties] property owned by the state [of Utah] or the United States
[government].
Section 21.
Section
10-9a-305
, which is renumbered from Section 10-9-106 is
renumbered and amended to read:
[10-9-106]. 10-9a-305. Property owned by other government units -- Effect of
land use and development ordinances.
(1) (a) Each county, municipality, school district, special district, and political
subdivision of [Utah] the state shall conform to [the] any applicable land use [and development
ordinances] ordinance of any municipality when installing, constructing, operating, or otherwise
using any area, land, or building situated within that municipality [only in a manner or for a
purpose that conforms to that municipality's ordinances].
(b) In addition to any other remedies provided by law, when a municipality's land use
[and development ordinances are being] ordinance is violated or about to be violated by another
political subdivision, that municipality may institute an injunction, mandamus, abatement, or
other appropriate action or proceeding to prevent, enjoin, abate, or remove the improper
installation, improvement, or use.
(2) A school district is subject to a municipality's land use [regulations under this
chapter] ordinances, except that a municipality may not:
(a) impose requirements for landscaping, fencing, aesthetic considerations, construction
methods or materials, building codes, building use for educational purposes, or the placement or
use of temporary classroom facilities on school property;
(b) require a school district to participate in the cost of any roadway or sidewalk not
reasonably necessary for the safety of school children and not located on or contiguous to school
property, unless the roadway or sidewalk is required to connect an otherwise isolated school site
to an existing roadway;
(c) require a district to pay fees not authorized by this section;
(d) provide for inspection of school construction or assess a fee or other charges for
inspection, unless the school district is unable to provide for inspection by an inspector, other
than the project architect or contractor, who is qualified under criteria established by the state
superintendent;
(e) require a school district to pay any impact fee for an improvement project that is not
reasonably related to the impact of the project upon the need that the improvement is to address;
or
(f) impose regulations upon the location of a project except as necessary to avoid
unreasonable risks to health or safety.
(3) Subject to Section
53A-20-108
, a school district shall coordinate the siting of a new
school with the municipality in which the school is to be located, to avoid or mitigate existing
and potential traffic hazards to maximize school safety.
Section 22.
Section
10-9a-401
, which is renumbered from Section 10-9-301 is
renumbered and amended to read:
Part 4. General Plan
[10-9-301]. 10-9a-401. General plan required -- Content.
(1) In order to accomplish the purposes [set forth in] of this chapter, each municipality
shall prepare and adopt a comprehensive, long-range general plan for:
(a) present and future needs of the municipality; and
(b) growth and development of all or any part of the land within the municipality [or any
part of the municipality].
(2) The plan may provide for:
(a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
activities, aesthetics, and recreational, educational, and cultural opportunities;
(b) the reduction of the waste of physical, financial, or human resources that result from
either excessive congestion or excessive scattering of population;
(c) the efficient and economical use, conservation, and production of the supply of:
(i) food and water; and
(ii) drainage, sanitary, and other facilities and resources;
(d) the use of energy conservation and solar and renewable energy resources;
(e) the protection of urban development;
(f) the protection or promotion of moderate income housing;
[(f)] (g) the protection and promotion of air quality;
[(g)] (h) historic preservation;
[(h)] (i) identifying future uses of land that are likely to require an expansion or
significant modification of services or facilities provided by [affected entities and specified
public utilities, as those terms are defined in Section
10-9-301.5
] each affected entity; and
[(i)] (j) an official map[, pursuant to Title 72, Chapter 5, Part 4, Transportation Corridor
Preservation].
(3) [The] Subject to Subsection
10-9a-403
(2), the municipality may determine the
comprehensiveness, extent, and format of the general plan.
Section 23.
Section
10-9a-402
, which is renumbered from Section 10-9-203 is
renumbered and amended to read:
[10-9-203]. 10-9a-402. Information and technical assistance from the state.
[(1) The planning commission may obtain access to and use any data and information
held by the state or any of its agencies:]
[(a) that is classified "public"; and]
[(b) that is classified "protected" if the planning commission's use of the data is lawfully
authorized or if the data will be used for a purpose similar to the purpose for which it was
gathered.]
[(2)] Each state official, department, and agency shall:
[(a) make] (1) promptly deliver any data and information requested by [the planning
commissions available if authorized under the requirements of this section] a municipality unless
the disclosure is prohibited by Title 63, Chapter 2, Government Records Access and
Management Act; and
[(b)] (2) furnish any other technical assistance and advice that they have available to
[planning commissions] the municipality without additional cost to the municipality.
Section 24.
Section
10-9a-403
, which is renumbered from Section 10-9-302 is
renumbered and amended to read:
[10-9-302]. 10-9a-403. Plan preparation.
[(1) (a) Subject to Section
10-9-301.5
, the]
(1) (a) The planning commission shall provide notice, as provided in Section
10-9a-203
,
of its intent to make a recommendation to the municipal legislative body for a general plan or a
comprehensive general plan amendment when the planning commission initiates the process of
preparing its recommendation.
(b) The planning commission shall make and recommend to the legislative body a
proposed general plan for the area within the municipality.
[(b)] (c) The plan may include areas outside the boundaries of the municipality if, in the
planning commission's judgment, [they] those areas are related to the planning of the
municipality's territory.
[(c)] (d) Except as otherwise provided by law or with respect to a municipality's power of
eminent domain, when the plan of a municipality involves territory outside the boundaries of the
municipality, the municipality may not take action affecting that territory without the
concurrence of the county or other municipalities affected.
(2) [The] (a) At a minimum, the proposed general plan, with the accompanying maps,
[plats,] charts, and descriptive and explanatory matter, shall [show] include the planning
commission's recommendations for the [development of the territory covered by the plan, and
may include, among other things] following plan elements:
[(a)] (i) a land use element that:
[(i)] (A) designates the long-term goals and the proposed extent, general distribution, and
location [and extent of uses] of land for housing, business, industry, agriculture, recreation,
education, public buildings and grounds, open space, and other categories of public and private
uses of land as appropriate; and
[(ii)] (B) may include a statement of the projections for and standards of population
density and building intensity recommended for the various land use categories covered by the
plan;
[(b)] (ii) a transportation and traffic circulation element consisting of the general location
and extent of existing and proposed freeways, arterial and collector streets, mass transit, and any
other modes of transportation that [are] the planning commission considers appropriate, all
correlated with the population projections and the proposed land use element of the general plan;
and
(iii) for cities, an estimate of the need for the development of additional moderate income
housing within the city, and a plan to provide a realistic opportunity to meet estimated needs for
additional moderate income housing if long-term projections for land use and development
occur.
(b) In drafting the moderate income housing element, the planning commission:
(i) shall consider the Legislature's determination that cities should facilitate a reasonable
opportunity for a variety of housing, including moderate income housing:
(A) to meet the needs of people desiring to live there; and
(B) to allow persons with moderate incomes to benefit from and fully participate in all
aspects of neighborhood and community life; and
(ii) may include an analysis of why the recommended means, techniques, or combination
of means and techniques provide a realistic opportunity for the development of moderate income
housing within the planning horizon, which means or techniques may include a recommendation
to:
(A) rezone for densities necessary to assure the production of moderate income housing;
(B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
construction of moderate income housing;
(C) encourage the rehabilitation of existing uninhabitable housing stock into moderate
income housing;
(D) consider general fund subsidies to waive construction related fees that are otherwise
generally imposed by the city;
(E) consider utilization of state or federal funds or tax incentives to promote the
construction of moderate income housing;
(F) consider utilization of programs offered by the Utah Housing Corporation within that
agency's funding capacity; and
(G) consider utilization of affordable housing programs administered by the Department
of Community and Economic Development.
(3) The proposed general plan may include:
[(c)] (a) an environmental element that addresses:
(i) the protection, conservation, development, and use of natural resources, including the
quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and
other natural resources; and
(ii) the reclamation of land, flood control, prevention and control of the pollution of
streams and other waters, regulation of the use of land on hillsides, stream channels and other
environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
protection of watersheds and wetlands, and the mapping of known geologic hazards;
[(d)] (b) a public services and facilities element showing general plans for sewage, water,
waste disposal, drainage, [local] public utilities, rights-of-way, easements, and facilities for them,
police and fire protection, and other public services;
[(e)] (c) a rehabilitation, redevelopment, and conservation element consisting of plans
and programs for:
(i) historic preservation; and
(ii) the diminution or elimination of blight; and [for]
(iii) redevelopment of land, including housing sites, business and industrial sites, and
public building sites;
[(f)] (d) an economic element composed of appropriate studies and forecasts, as well as
an economic development plan [that], which may include review of existing and projected
municipal revenue and expenditures, revenue sources, identification of [base] basic and
[residentiary] secondary industry, primary and secondary market areas, employment, and retail
sales activity;
[(g)] (e) recommendations for implementing [the] all or any portion of the general plan,
including the use of [zoning] land use ordinances, [subdivision ordinances,] capital improvement
plans, [and] community development and promotion, and any other appropriate [actions] action;
[(h)] (f) provisions addressing any of the matters listed in Subsection [
10-9-301
]
10-9a-401
(2); and
[(i)] (g) any other [elements] element the municipality considers appropriate.
Section 25.
Section
10-9a-404
, which is renumbered from Section 10-9-303 is
renumbered and amended to read:
[10-9-303]. 10-9a-404. Public hearing by planning commission on proposed
general plan or amendment -- Notice -- Revisions to general plan or amendment --
Adoption or rejection by legislative body.
(1) (a) After completing its recommendation for a proposed general plan [for all or part
of the area within the municipality], or proposal to amend the general plan, the planning
commission shall schedule and hold a public hearing on the proposed plan or amendment.
(b) The planning commission shall provide [reasonable] notice of the public hearing [at
least 14 days before the date of the hearing], as required by Section
10-9a-204
.
(c) After the public hearing, the planning commission may [make changes to] modify the
proposed general plan or amendment.
(2) The planning commission shall [then] forward the proposed general plan or
amendment to the legislative body.
[(3) (a) The legislative body shall hold a public hearing on the proposed general plan
recommended to it by the planning commission.]
[(b) The legislative body shall provide reasonable notice of the public hearing at least 14
days before the date of the hearing.]
[(4) After the public hearing, the]
(3) The legislative body may make any [modifications] revisions to the proposed general
plan or amendment that it considers appropriate.
[(5)] (4) (a) The municipal legislative body may[:(a)] adopt or reject the proposed
general plan [without] or amendment[;(b) amend the] either as proposed [general plan and adopt
or reject it as amended; or (c) reject] by the planning commission or after making any revision
that the municipal legislative body considers appropriate.
(b) If the municipal legislative body rejects the proposed general plan or amendment, it
may provide suggestions to the planning commission for its consideration.
[(6) (a) The general plan is an advisory guide for land use decisions.]
[(b) The legislative body may adopt an ordinance mandating compliance with the general
plan.]
(5) The legislative body shall adopt:
(a) a land use element as provided in Subsection
10-9a-403
(2)(a)(i);
(b) a transportation and traffic circulation element as provided in Subsection
10-9a-403
(2)(a)(ii); and
(c) for all cities, after considering the factors included in Subsection
10-9a-403
(2)(b)(ii),
a plan to provide a realistic opportunity to meet estimated needs for additional moderate income
housing if long-term projections for land use and development occur.
Section 26.
Section
10-9a-405
is enacted to read:
10-9a-405. Effect of general plan.
Except as provided in Section
10-9a-406
, the general plan is an advisory guide for land
use decisions, the impact of which shall be determined by ordinance.
Section 27.
Section
10-9a-406
, which is renumbered from Section 10-9-305 is
renumbered and amended to read:
[10-9-305]. 10-9a-406. Public uses to conform to general plan.
After the legislative body has adopted a general plan [or any amendments to the general
plan], no street, park, or other public way, ground, place, or space, no publicly owned building or
structure, and no public utility, whether publicly or privately owned, may be constructed or
authorized until and unless[: (1)] it conforms to the current general plan[; or].
[(2) it has been considered by the planning commission and, after receiving the advice of
the planning commission, the legislative body approves it as an amendment to the general plan.]
Section 28.
Section
10-9a-407
, which is renumbered from Section 10-9-306 is
renumbered and amended to read:
[10-9-306]. 10-9a-407. Effect of official maps.
(1) Municipalities may adopt an official map [in accordance with the provisions of Title
72, Chapter 5, Part 4, Transportation Corridor Preservation].
(2) (a) An official map does not:
(i) require a landowner to dedicate and construct a street as a condition of development
approval, except under circumstances provided in Subsection (2)(b)(iii); or
(ii) require a municipality to immediately acquire property it has designated for eventual
use as a public street.
(b) This section does not prohibit a municipality from:
(i) [requiring a landowner to take into account] recommending that an applicant consider
and accommodate the location of the proposed streets in the planning of a development proposal
in a manner that is consistent with Section
10-9a-508
;
(ii) acquiring the property through purchase, gift, voluntary dedication, or eminent
domain; or
(iii) requiring the dedication and improvement of a street if the street is found necessary
by the municipality because of a proposed development and if the dedication and improvement
are consistent with Section
10-9a-508
.
[(3) An official map may not be used to unconstitutionally prohibit the development of
property designated for eventual use as a public street.]
[(4) An adopted official map shall be available for public inspection upon request.]
Section 29.
Section
10-9a-408
, which is renumbered from Section 10-9-307 is
renumbered and amended to read:
[10-9-307]. 10-9a-408. Biennial review of moderate income housing element of
general plan.
[(1) The availability of moderate income housing is an issue of statewide concern. To
this end:]
[(a) cities should afford a reasonable opportunity for a variety of housing, including
moderate income housing, to meet the needs of people desiring to live there; and]
[(b) moderate income housing should be encouraged to allow persons with moderate
incomes to benefit from and to fully participate in all aspects of neighborhood and community
life.]
[(2) As used in this section:]
[(a) "Moderate income housing" means housing occupied or reserved for occupancy by
households with a gross household income equal to or less than 80% of the median gross income
for households of the same size in the county in which the city is located.]
[(b) "Plan for moderate income housing" or "plan" means a written document adopted by
a city legislative body that includes:]
[(i) an estimate of the existing supply of moderate income housing located within the
city;]
[(ii) an estimate of the need for moderate income housing in the city for the next five
years as revised biennially;]
[(iii) a survey of total residential zoning;]
[(iv) an evaluation of how existing zoning densities affect opportunities for moderate
income housing; and]
[(v) a description of the city's program to encourage an adequate supply of moderate
income housing.]
[(3) The legislative body of each city shall, as part of its general plan, adopt a plan for
moderate income housing within that city.]
[(4) A plan may provide moderate income housing by any means or combination of
techniques which provide a realistic opportunity to meet estimated needs. The plan may include
an analysis of why the means or techniques selected provide a realistic opportunity to meet the
objectives of this section. Such techniques may include:]
[(a) rezoning for densities necessary to assure the economic viability of inclusionary
developments, either through mandatory set asides or density bonuses;]
[(b) infrastructure expansion and rehabilitation that will facilitate the construction of
moderate income housing;]
[(c) rehabilitation of existing uninhabitable housing stock;]
[(d) consideration of waiving construction related fees generally imposed by the city;]
[(e) utilization of state or federal funds or tax incentives to promote the construction of
moderate income housing;]
[(f) utilization of programs offered by the Utah Housing Corporation within that agency's
funding capacity; and]
[(g) utilization of affordable housing programs administered by the Department of
Community and Economic Development.]
[(5) (a) After adoption of a plan for moderate income housing under Subsection (3), the]
(1) The legislative body of each city shall biennially:
[(i)] (a) review the moderate income housing plan element of its general plan and its
implementation; and
[(ii)] (b) prepare a report setting forth the findings of the review.
[(b)] (2) Each report under Subsection [(5)(a)(ii)] (1) shall include a description of:
[(i)] (a) efforts made by the city to reduce, mitigate, or eliminate local regulatory barriers
to moderate income housing;
[(ii)] (b) actions taken by the city to encourage preservation of existing moderate income
housing and development of new moderate income housing;
[(iii)] (c) progress made within the city to provide moderate income housing, as
measured by permits issued for new units of moderate income housing; and
[(iv)] (d) efforts made by the city to coordinate moderate income housing plans and
actions with neighboring municipalities.
[(c)] (3) The legislative body of each city shall send a copy of the report under
Subsection [(5)(a)(ii)] (1) to the Department of Community and Economic Development and the
association of governments in which the city is located.
[(6)] (4) In a civil action seeking enforcement or claiming a violation of this section or of
Subsection
10-9a-404
(5)(c), a plaintiff may not recover damages but may be awarded only
injunctive or other equitable relief [only].
Section 30.
Section
10-9a-501
, which is renumbered from Section 10-9-401 is
renumbered and amended to read:
Part 5. Land Use Ordinances
[10-9-401]. 10-9a-501. Authority to enact land use ordinances and zoning map.
The legislative body may enact [a zoning ordinance establishing regulations for land use
and development that furthers the intent of this chapter] land use ordinances and a zoning map.
Section 31.
Section
10-9a-502
, which is renumbered from Section 10-9-402 is
renumbered and amended to read:
[10-9-402]. 10-9a-502. Preparation and adoption of land use ordinance or zoning
map.
(1) The planning commission shall:
(a) provide notice as required by Subsection
10-9a-205
(1)(a);
(b) hold a public hearing on a proposed land use ordinance or zoning map; and
(c) prepare and recommend to the legislative body [a proposed zoning ordinance,
including both the full text of the zoning ordinance and maps, that represents the commission's
recommendations for zoning all or any part of the area within] a proposed land use ordinance or
ordinances and zoning map that represent the planning commission's recommendation for
regulating the use and development of land within all or any part of the area of the municipality.
(2) [(a)] The municipal legislative body shall [hold a public hearing on the] consider each
proposed [zoning] land use ordinance and zoning map recommended to it by the planning
commission[. (b) The legislative body shall provide reasonable notice of the public hearing at
least 14 days before the date of the hearing. If a municipality mails notice of a proposed zoning
change to property owners within that municipality within a specified distance of the property on
which the zoning change is being proposed, it shall also mail equivalent notice to property
owners of an adjacent municipality within the same distance of the property on which the zoning
change is being proposed. (3) After the public hearing, the legislative body may: (a)], and, after
providing notice as required by Subsection
10-9a-205
(1)(b) and holding a public meeting, the
legislative body may adopt or reject the [zoning] ordinance or map either as proposed[; (b)
amend the zoning ordinance and adopt or reject the zoning ordinance as amended; or (c) reject
the ordinance] by the planning commission or after making any revision the municipal legislative
body considers appropriate.
Section 32.
Section
10-9a-503
, which is renumbered from Section 10-9-403 is
renumbered and amended to read:
[10-9-403]. 10-9a-503. Land use ordinance or zoning map amendments.
(1) [(a)] The legislative body may amend:
[(i)] (a) the number, shape, boundaries, or area of any zoning district;
[(ii)] (b) any regulation of or within the zoning district; or
[(iii)] (c) any other provision of [the zoning] a land use ordinance.
[(b)] (2) The legislative body may not make any amendment authorized by this
subsection unless the amendment was proposed by the planning commission or [is] was first
submitted to the planning commission for its [approval, disapproval, or recommendations]
recommendation.
[(2)] (3) The legislative body shall comply with the procedure specified in Section
[
10-9-402
]
10-9a-502
in preparing and adopting an amendment to [the zoning] a land use
ordinance or [the] a zoning map.
Section 33.
Section
10-9a-504
, which is renumbered from Section 10-9-404 is
renumbered and amended to read:
[10-9-404]. 10-9a-504. Temporary land use regulations.
(1) (a) A municipal legislative body may, without [a public hearing,] prior consideration
of or recommendation from the planning commission, enact an ordinance establishing a
temporary [zoning] land use regulation for any part or all of the area within the municipality if:
(i) the legislative body makes a finding of compelling, countervailing public interest; or
(ii) the area is [unzoned] unregulated.
(b) A temporary [zoning] land use regulation under Subsection (1)(a) may prohibit or
regulate the erection, construction, reconstruction, or alteration of any building or structure or
any subdivision approval.
(c) A temporary [zoning] land use regulation under Subsection (1)(a) may not impose an
impact fee or other financial requirement on building or development.
(2) The municipal legislative body shall establish a period of limited effect for the
ordinance not to exceed six months.
(3) (a) A municipal legislative body may, without [a public hearing] prior planning
commission consideration or recommendation, enact an ordinance establishing a temporary
[zoning] land use regulation prohibiting construction, subdivision approval, and other
development activities within an area that is the subject of an Environmental Impact Statement or
a Major Investment Study examining the area as a proposed highway or transportation corridor.
(b) A [zoning] regulation under Subsection (3)(a):
(i) may not exceed six months in duration;
(ii) may be renewed, if requested by the [Utah] Transportation Commission created
under Section
72-1-301
, for up to two additional six-month periods by ordinance enacted before
the expiration of the previous [zoning] regulation; and
(iii) notwithstanding Subsections (3)(b)(i) and (ii), is effective only as long as the
Environmental Impact Statement or Major Investment Study is in progress.
Section 34.
Section
10-9a-505
, which is renumbered from Section 10-9-405 is
renumbered and amended to read:
[10-9-405]. 10-9a-505. Zoning districts.
(1) (a) The legislative body may divide the territory over which it has jurisdiction into
zoning districts of a number, shape, and area that it considers appropriate to carry out the
purposes of this chapter.
(b) Within those zoning districts, the legislative body may regulate and restrict the
erection, construction, reconstruction, alteration, repair, or use of buildings and structures, and
the use of land.
(2) The legislative body shall ensure that the regulations are uniform for each class or
kind of buildings throughout each zoning district, but the regulations in one [district] zone may
differ from those in other [districts] zones.
(3) (a) There is no minimum area or diversity of ownership requirement for a zone
designation.
(b) Neither the size of a zoning district nor the number of landowners within the district
may be used as evidence of the illegality of a zoning district or of the invalidity of a municipal
decision.
Section 35.
Section
10-9a-506
, which is renumbered from Section 10-9-406 is
renumbered and amended to read:
[10-9-406]. 10-9a-506. Regulating annexed territory.
(1) The legislative body of [a] each municipality [may] shall assign a [zoning
designation] land use zone or a variety thereof to territory annexed to the municipality at the time
the territory is annexed.
[(2) If the annexing municipality's zoning ordinance does not designate a zone for the
territory to be annexed to the municipality, or if the legislative body does not assign a zone to
territory at the time it is annexed, the territory annexed to a municipality shall be zoned according
to the zone of the annexing municipality with which it has the longest common boundary.]
(2) If the legislative body fails to assign a land use zone at the time the territory is
annexed, all land uses within the annexed territory shall be compatible with surrounding uses
within the municipality.
Section 36.
Section
10-9a-507
, which is renumbered from Section 10-9-407 is
renumbered and amended to read:
[10-9-407]. 10-9a-507. Conditional uses.
(1) A [zoning] land use ordinance may [contain] include conditional uses and provisions
for conditional uses that [may be allowed, allowed with conditions, or denied in designated
zoning districts, based on] require compliance with standards [and criteria] set forth in [the
zoning] an applicable ordinance [for those uses].
[(2) The board of adjustments has jurisdiction to decide appeals of the approval or denial
of conditional use permits unless the legislative body has enacted an ordinance designating the
legislative body or another body as the appellate body for those appeals.]
(2) (a) A conditional use shall be approved if reasonable conditions are proposed, or can
be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in
accordance with applicable standards.
(b) If the reasonably anticipated detrimental effects of a proposed conditional use cannot
be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve
compliance with applicable standards, the conditional use may be denied.
Section 37.
Section
10-9a-508
is enacted to read:
10-9a-508. Exactions.
A municipality may impose an exaction or exactions on development proposed in a land
use application if:
(1) an essential link exists between a legitimate governmental interest and each exaction;
and
(2) each exaction is roughly proportionate, both in nature and extent, to the impact of the
proposed development.
Section 38.
Section
10-9a-509
is enacted to read:
10-9a-509. When a land use applicant is entitled to approval -- Exception --
Municipality required to comply with land use ordinances.
(1) (a) An applicant is entitled to approval of a land use application if the application
conforms to the requirements of an applicable land use ordinance in effect when a complete
application is submitted and all fees have been paid, unless:
(i) the land use authority, on the record, finds that a compelling, countervailing public
interest would be jeopardized by approving the application; or
(ii) in the manner provided by local ordinance and before the application is submitted,
the municipality has formally initiated proceedings to amend its ordinances in a manner that
would prohibit approval of the application as submitted.
(b) The municipality shall process an application without regard to proceedings initiated
to amend the municipality's ordinances if:
(i) 180 days have passed since the proceedings were initiated; and
(ii) the proceedings have not resulted in an enactment that prohibits approval of the
application as submitted.
(c) An application for a land use approval is considered submitted and complete when
the application is provided in a form that complies with the requirements of applicable
ordinances and all applicable fees have been paid.
(d) The continuing validity of an approval of a land use application is conditioned upon
the applicant proceeding after approval to implement the approval with reasonable diligence.
(2) A municipality is bound by the terms and standards of applicable land use ordinances
and shall comply with mandatory provisions of those ordinances.
Section 39.
Section
10-9a-510
, which is renumbered from Section 10-9-107 is
renumbered and amended to read:
[10-9-107]. 10-9a-510. Limit on fees for review and approving building plans.
(1) A municipality may not impose or collect a fee for reviewing or approving the plans
for a commercial or residential building that exceeds the lesser of:
(a) the actual cost of performing the plan review; and
(b) 65% of the amount the municipality charges for a building permit fee for that
building.
[(2) (a) For purposes of this Subsection (2):]
[(i) "Identical plans" means building plans submitted to a municipality that:]
[(A) are substantially identical to building plans that were previously submitted to and
reviewed and approved by the municipality; and]
[(B) describe a building that is:]
[(I) located on land zoned the same as the land on which the building described in the
previously approved plans is located; and]
[(II) subject to the same geological and meteorological conditions and the same law as
the building described in the previously approved plans.]
[(ii) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
spent and expenses incurred in:]
[(A) verifying that building plans are identical plans; and]
[(B) reviewing and approving those minor aspects of identical plans that differ from the
previously reviewed and approved building plans referred to in Subsection (2)(a)(i).]
[(b)] (2) Subject to Subsection (1), a municipality may impose and collect only a nominal
fee for reviewing and approving identical plans.
Section 40.
Section
10-9a-511
, which is renumbered from Section 10-9-408 is
renumbered and amended to read:
[10-9-408]. 10-9a-511. Nonconforming uses and noncomplying structures.
(1) (a) Except as provided in this section, a nonconforming use or noncomplying
structure may be continued by the present or a future property owner.
(b) A nonconforming use may be extended through the same building, provided no
structural alteration of the building is proposed or made for the purpose of the extension.
(c) For purposes of this Subsection (1), the addition of a solar energy device to a building
is not a structural alteration.
(2) The legislative body may provide [in any zoning ordinance or amendment] for:
(a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
substitution of nonconforming uses upon the terms and conditions set forth in the [zoning] land
use ordinance;
(b) the termination of all nonconforming uses, except billboards, by providing a formula
establishing a reasonable time period during which the owner can recover or amortize the amount
of his investment in the nonconforming use, if any; and
[(c) the termination of a billboard that is a nonconforming use by acquiring the billboard
and associated property rights through:]
[(i) gift;]
[(ii) purchase;]
[(iii) agreement;]
[(iv) exchange; or]
[(v) eminent domain.]
[(3) (a) A municipality is considered to have initiated the acquisition of a billboard
structure by eminent domain under Subsection (2)(c)(v) if the municipality prevents a billboard
owner from:]
[(i) rebuilding, maintaining, repairing, or restoring a billboard structure that is damaged
by casualty, an act of God, or vandalism; or]
[(ii) except as provided in Subsection (3)(b), relocating or rebuilding a billboard
structure, or taking other measures, to correct a mistake in the placement or erection of a
billboard for which the municipality has issued a permit, if the proposed relocation, rebuilding, or
other measure is consistent with the intent of that permit.]
[(b) A municipality's denial of a billboard owner's request to relocate or rebuild a
billboard structure, or to take other measures, in order to correct a mistake in the placement or
erection of a billboard does not constitute the initiation of acquisition by eminent domain under
Subsection (3)(a) if the mistake in placement or erection of the billboard is determined by clear
and convincing evidence to have resulted from an intentionally false or misleading statement:]
[(i) by the billboard applicant in the application; and]
[(ii) regarding the placement or erection of the billboard.]
[(4) Notwithstanding Subsections (2) and (3), a municipality may remove a billboard
without providing compensation if:]
[(a) the municipality determines:]
[(i) by clear and convincing evidence that the applicant for a permit intentionally made a
false or misleading statement in the applicant's application regarding the placement or erection of
the billboard; or]
[(ii) by substantial evidence that the billboard:]
[(A) is structurally unsafe;]
[(B) is in an unreasonable state of repair; or]
[(C) has been abandoned for at least 12 months;]
[(b) the municipality notifies the owner in writing that the owner's billboard meets one or
more of the conditions listed in Subsections (4)(a)(i) and (ii);]
[(c) the owner fails to remedy the condition or conditions within:]
[(i) except as provided in Subsection (4)(c)(ii), 90 days following the billboard owner's
receipt of written notice under Subsection (4)(b); or]
[(ii) if the condition forming the basis of the municipality's intention to remove the
billboard is that it is structurally unsafe, ten business days, or a longer period if necessary because
of a natural disaster, following the billboard owner's receipt of written notice under Subsection
(4)(b); and]
[(d) following the expiration of the applicable period under Subsection (4)(c) and after
providing the owner with reasonable notice of proceedings and an opportunity for a hearing, the
municipality finds:]
[(i) by clear and convincing evidence, that the applicant for a permit intentionally made a
false or misleading statement in the application regarding the placement or erection of the
billboard; or]
[(ii) by substantial evidence that the billboard is structurally unsafe, is in an
unreasonable state of repair, or has been abandoned for at least 12 months.]
[(5) A municipality may not allow a nonconforming billboard to be rebuilt for a reason
other than:]
[(a) those specified in Subsections (3) and (4);]
[(b) those provided in Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act; and]
[(c) those specified in the municipality's ordinance requiring or allowing a billboard
owner to relocate and rebuild an existing nonconforming billboard to an area within the
municipality where outdoor advertising is otherwise allowed under Title 72, Chapter 7, Part 5,
Utah Outdoor Advertising Act.]
[(6) A municipality may terminate the nonconforming status of school district property
when the property ceases to be used for school district purposes.]
(c) the termination of a nonconforming use due to its abandonment.
(3) (a) A municipality may not prohibit the reconstruction or restoration of a
noncomplying structure or terminate the nonconforming use of a structure that is involuntarily
destroyed in whole or in part due to fire or other calamity unless the structure or use has been
abandoned.
(b) A municipality may prohibit the reconstruction or restoration of a noncomplying
structure or terminate the nonconforming use of a structure if:
(i) the structure is allowed to deteriorate to a condition that the structure is rendered
uninhabitable and is not repaired or restored within six months after written notice to the
property owner that the structure is uninhabitable and that the noncomplying structure or
nonconforming use will be lost if the structure is not repaired or restored within six months; or
(ii) the property owner has voluntarily demolished a majority of the noncomplying
structure or the building that houses the nonconforming use.
(4) (a) Unless the municipality establishes, by ordinance, a uniform presumption of legal
existence for nonconforming uses, the property owner shall have the burden of establishing the
legal existence of a noncomplying structure or nonconforming use.
(b) Any party claiming that a nonconforming use has been abandoned shall have the
burden of establishing the abandonment.
(c) Abandonment may be presumed to have occurred if:
(i) a majority of the primary structure associated with the nonconforming use has been
voluntarily demolished without prior written agreement with the municipality regarding an
extension of the nonconforming use;
(ii) the use has been discontinued for a minimum of one year; or
(iii) the primary structure associated with the nonconforming use remains vacant for a
period of one year.
(d) The property owner may rebut the presumption of abandonment under Subsection
(4)(c), and shall have the burden of establishing that any claimed abandonment under Subsection
(4)(c) has not in fact occurred.
(5) A municipality may terminate the nonconforming status of a school district or charter
school use or structure when the property associated with the school district or charter school use
or structure ceases to be used for school district or charter school purposes for a period
established by ordinance.
Section 41.
Section
10-9a-512
, which is renumbered from Section 10-9-409 is
renumbered and amended to read:
[10-9-409]. 10-9a-512. Termination of a billboard and associated rights.
(1) A municipality may only require termination of a billboard and associated property
rights through:
(a) gift;
(b) purchase;
(c) agreement;
(d) exchange; or
(e) eminent domain.
(2) A termination under Subsection (1)(a), (b), (c), or (d) requires the voluntary consent
of the billboard owner.
Section 42.
Section
10-9a-513
is enacted to read:
10-9a-513. Municipality's acquisition of billboard by eminent domain -- Removal
without providing compensation -- Limit on allowing nonconforming billboards to be
rebuilt.
(1) (a) A municipality is considered to have initiated the acquisition of a billboard
structure by eminent domain if the municipality prevents a billboard owner from:
(i) rebuilding, maintaining, repairing, or restoring a billboard structure that is damaged
by casualty, an act of God, or vandalism; or
(ii) except as provided in Subsection (1)(b), relocating or rebuilding a billboard structure,
or taking other measures, to correct a mistake in the placement or erection of a billboard for
which the municipality has issued a permit, if the proposed relocation, rebuilding, or other
measure is consistent with the intent of that permit.
(b) A municipality's denial of a billboard owner's request to relocate or rebuild a
billboard structure, or to take other measures, in order to correct a mistake in the placement or
erection of a billboard does not constitute the initiation of acquisition by eminent domain under
Subsection (1)(a) if the mistake in placement or erection of the billboard is determined by clear
and convincing evidence to have resulted from an intentionally false or misleading statement:
(i) by the billboard applicant in the application; and
(ii) regarding the placement or erection of the billboard.
(2) Notwithstanding Subsection (1) and Section
10-9a-512
, a municipality may remove a
billboard without providing compensation if:
(a) the municipality determines:
(i) by clear and convincing evidence that the applicant for a permit intentionally made a
false or misleading statement in the applicant's application regarding the placement or erection of
the billboard; or
(ii) by substantial evidence that the billboard:
(A) is structurally unsafe;
(B) is in an unreasonable state of repair; or
(C) has been abandoned for at least 12 months;
(b) the municipality notifies the owner in writing that the owner's billboard meets one or
more of the conditions listed in Subsections (2)(a)(i) and (ii);
(c) the owner fails to remedy the condition or conditions within:
(i) except as provided in Subsection (2)(c)(ii), 90 days following the billboard owner's
receipt of written notice under Subsection (2)(b); or
(ii) if the condition forming the basis of the municipality's intention to remove the
billboard is that it is structurally unsafe, ten business days, or a longer period if necessary because
of a natural disaster, following the billboard owner's receipt of written notice under Subsection
(2)(b); and
(d) following the expiration of the applicable period under Subsection (2)(c) and after
providing the owner with reasonable notice of proceedings and an opportunity for a hearing, the
municipality finds:
(i) by clear and convincing evidence, that the applicant for a permit intentionally made a
false or misleading statement in the application regarding the placement or erection of the
billboard; or
(ii) by substantial evidence that the billboard is structurally unsafe, is in an unreasonable