H.B. 36 Enrolled

CHARTER SCHOOL CONSTRUCTION
AMENDMENTS
2005 GENERAL SESSION
STATE OF UTAH
Sponsor: James A. Ferrin

LONG TITLE
General Description:
This bill modifies provisions relating to the construction of charter schools.
Highlighted Provisions:
This bill:
. exempts charter schools from certain municipal land use regulations;
. exempts charter schools from certain county land use regulations;
. provides certain land use regulation authority over charter schools for municipalities
and counties;
. allows the termination of the nonconforming status of charter school property when
the property ceases to be used for charter school purposes;
. requires charter schools to provide local governments of intent to purchase a school
site or construct a school building; and
. makes technical corrections.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill provides an immediate effective date.
Utah Code Sections Affected:
AMENDS:
10-9-103, as last amended by Chapters 34 and 209, Laws of Utah 2000
10-9-106, as last amended by Chapter 149, Laws of Utah 1999
10-9-408, as last amended by Chapter 138, Laws of Utah 2004

17-27-103, as last amended by Chapters 66 and 241, Laws of Utah 2001
17-27-105, as last amended by Chapter 149, Laws of Utah 1999
17-27-407, as last amended by Chapter 138, Laws of Utah 2004
53A-20-104, as last amended by Chapter 149, Laws of Utah 1999
53A-20-104.5, as enacted by Chapter 150, Laws of Utah 1999
53A-20-108, as last amended by Chapter 78, Laws of Utah 1990

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-9-103 is amended to read:
10-9-103. Definitions -- Notice.
(1) As used in this chapter:
(a) "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) "Charter school" includes:
(i) an operating charter school;
(ii) a charter school applicant that has its application approved by a chartering entity in
accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
(iii) an entity who is working on behalf of a charter school or approved charter applicant
to develop or construct a charter school building.
[(b)] (c) "Chief executive officer" means:
(i) the mayor in municipalities operating under all forms of municipal government except
the council-manager form; or
(ii) the city manager in municipalities operating under the council-manager form of
municipal government.
[(c)] (d) "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)] (e) "Constitutional taking" has the meaning as defined in Section 63-34-13 .
[(e)] (f) "County" means the unincorporated area of the county.
[(f)] (g) "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)] (h) (i) "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)] (i) "Legislative body" means the city council or city commission.
[(i)] (j) "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)] (k) "Municipality" means a city or town.
[(k)] (l) "Nonconforming structure" means a structure that:
(i) legally existed before its current zoning designation; and
(ii) because of subsequent zoning changes, does not conform with the zoning regulation's
setback, height restrictions, or other regulations that govern the structure.
[(l)] (m) "Nonconforming use" means a use of land that:
(i) legally existed before its current zoning designation;
(ii) has been maintained continuously since the time the zoning regulation governing the
land changed; and
(iii) because of subsequent zoning changes, does not conform with the zoning regulations
that now govern the land.
[(m)] (n) "Official map" has the same meaning as provided in Section 72-5-401 .
[(n)] (o) "Plat" means a map or other graphical representation of lands being laid out and
prepared in accordance with Section 10-9-804 .
[(o)] (p) "Record of survey map" means a map of a survey of land prepared in accordance

with Section 17-23-17 .
[(p)] (q) (i) "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" does not include a health care facility as
defined by Section 26-21-2 .
[(q)] (r) "Special district" means all entities 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)] (s) "Street" means public rights-of-way, including highways, avenues, boulevards,
parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
other ways.
[(s)] (t) (i) "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) "Subdivision" includes:
(A) 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) except as provided in Subsection (1)[(s)] (t)(iii), divisions of land for all residential
and nonresidential uses, including land used or to be used for commercial, agricultural, and
industrial purposes.
(iii) "Subdivision" does not include:
(A) 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 ordinance;
(B) a recorded agreement between owners of adjoining properties adjusting their mutual

boundary if:
(I) no new lot is created; and
(II) the adjustment does not result in a violation of applicable zoning ordinances; or
(C) a recorded document, executed by the owner of record, revising the legal description
of more than one contiguous parcel of property into one legal description encompassing all such
parcels of property.
(iv) 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)] (t) as to the
unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
subdivision ordinance.
[(t)] (u) "Unincorporated" means the area outside of the incorporated boundaries of cities
and towns.
(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.
Section 2. Section 10-9-106 is amended to read:
10-9-106. Property owned by other government units -- Effect of land use and
development ordinances.

(1) (a) Each county, municipality, school district, charter school, special district, and
political subdivision of Utah shall conform to the land use and development ordinances 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 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 or charter school is subject to a municipality's land use regulations
under this chapter, 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) except as otherwise provided in this section, require a school district or charter school
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 or charter school 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 or charter school 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 or charter school 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 or charter school shall coordinate the
siting of a new school with the municipality in which the school is to be located, to:
(a) avoid or mitigate existing and potential traffic hazards, including consideration of the
impacts between the new school and future highways; and
(b) to maximize school, student, and site safety.
(4) Notwithstanding Subsection (2)(d), a municipality may, at its discretion:
(a) provide a walk-through of school construction at no cost and at a time convenient to
the district or charter school; and
(b) provide recommendations based upon the walk-through.
(5) (a) Notwithstanding Subsection (2)(d), a school district or charter school shall use:
(i) a municipal building inspector;
(ii) a school district building inspector; or
(iii) an independent, certified building inspector who is:
(A) not an employee of the contractor; and
(B) approved and supervised by a municipal building inspector or a school district
building inspector.
(b) The approval under Subsection (5)(a)(iii)(B) may not be unreasonably withheld.
(6) (a) A charter school shall be:
(i) considered a permitted use and shall be processed on a first priority basis in all zoning
districts within a municipality; and
(ii) subject only to objective standards within each zone pertaining to setback, height,
bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
staging requirements.
(b) Parking requirements for a charter school may not exceed the minimum parking
requirements for schools or other institutional public uses throughout the municipality.
(c) If a municipality has designated zones for a sexually oriented business, or a business
which sells alcohol, a charter school may be prohibited from a location which would otherwise

defeat the purpose for the zone unless the charter school provides a waiver.
Section 3. Section 10-9-408 is amended to read:
10-9-408. Nonconforming uses and structures.
(1) (a) Except as provided in this section, a nonconforming use or structure may be
continued.
(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
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 or charter
school property when the property ceases to be used for school district or charter school
purposes.
Section 4. Section 17-27-103 is amended to read:
17-27-103. Definitions -- Notice.
(1) As used in this chapter:
(a) "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) "Charter school" includes:

(i) an operating charter school;
(ii) a charter school applicant that has its application approved by a chartering entity in
accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
(iii) an entity who is working on behalf of a charter school or approved charter applicant
to develop or construct a charter school building.
[(b)] (c) "Chief executive officer" means the person or body that exercises the executive
powers of the county.
[(c)] (d) "Conditional use" means a land use that, because of its unique characteristics or
potential impact on the county, 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)] (e) "Constitutional taking" has the meaning as defined in Section 63-34-13 .
[(e)] (f) "County" means the unincorporated area of the county.
[(f)] (g) "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)] (h) "Gas corporation" has the same meaning as defined in Section 54-2-1 .
[(h)] (i) (i) "General plan" means a document that a county adopts that sets forth general
guidelines for proposed future development of the land within the county, as set forth in Sections
17-27-301 and 17-27-302 .
(ii) "General plan" includes what is also commonly referred to as a "master plan."
[(i)] (j) "Interstate pipeline company" means a person or entity engaged in natural gas
transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under the
Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
[(j)] (k) "Intrastate pipeline company" means a person or entity engaged in natural gas
transportation that is not subject to the jurisdiction of the Federal Energy Regulatory Commission
under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
[(k)] (l) "Legislative body" means the county legislative body, or for a county that has

adopted an alternative form of government, the body exercising legislative powers.
[(l)] (m) "Lot line adjustment" means the relocation of the property boundary line
between two adjoining lots with the consent of the owners of record.
[(m)] (n) "Municipality" means a city or town.
[(n)] (o) "Nonconforming structure" means a structure that:
(i) legally existed before its current zoning designation; and
(ii) because of subsequent zoning changes, does not conform with the zoning regulation's
setback, height restrictions, or other regulations that govern the structure.
[(o)] (p) "Nonconforming use" means a use of land that:
(i) legally existed before its current zoning designation;
(ii) has been maintained continuously since the time the zoning regulation governing the
land changed; and
(iii) because of subsequent zoning changes, does not conform with the zoning regulations
that now govern the land.
[(p)] (q) "Official map" has the same meaning as provided in Section 72-5-401 .
[(q)] (r) "Person" means an individual, corporation, partnership, organization,
association, trust, governmental agency, or any other legal entity.
[(r)] (s) "Plat" means a map or other graphical representation of lands being laid out and
prepared in accordance with Section 17-27-804 .
[(s)] (t) "Record of survey map" means a map of a survey of land prepared in accordance
with Section 17-23-17 .
[(t)] (u) (i) "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" does not include a health care facility as
defined by Section 26-21-2 .
[(u)] (v) "Special district" means all entities 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.
[(v)] (w) "Street" means public rights-of-way, including highways, avenues, boulevards,
parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
other ways.
[(w)] (x) (i) "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) "Subdivision" includes the division or development of land whether by deed, metes
and bounds description, devise and testacy, lease, map, plat, or other recorded instrument.
(iii) "Subdivision" does not include:
(A) a bona fide division or partition of agricultural land for agricultural purposes;
(B) a recorded agreement between owners of adjoining properties adjusting their mutual
boundary if:
(I) no new lot is created; and
(II) the adjustment does not result in a violation of applicable zoning ordinances;
(C) a recorded document, executed by the owner of record, revising the legal description
of more than one contiguous parcel of property into one legal description encompassing all such
parcels of property; or
(D) a bona fide division or partition of land in a county other than a first class county for
the purpose of siting, on one or more of the resulting separate parcels:
(I) an unmanned facility appurtenant to a pipeline owned or operated by a gas
corporation, interstate pipeline company, or intrastate pipeline company; or
(II) an unmanned telecommunications, microwave, fiber optic, electrical, or other utility
service regeneration, transformation, retransmission, or amplification facility.
(iv) 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)[(w)] (x) as to
the unsubdivided parcel of property or subject the unsubdivided parcel to the county's

subdivision ordinance.
[(x)] (y) "Unincorporated" means the area outside of the incorporated boundaries of
cities and towns.
(2) (a) A county 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 county 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
17-27-1001 within 30 days from the date of the meeting for which the notice was given, the
notice is considered adequate and proper.
Section 5. Section 17-27-105 is amended to read:
17-27-105. Property owned by other government units -- Effect of land use and
development ordinances.
(1) (a) Each county, municipality, school district, charter school, special district, and
political subdivision of Utah shall conform to the land use and development ordinances of any
county when installing, constructing, operating, or otherwise using any area, land, or building
situated within that county only in a manner or for a purpose that conforms to that county's
ordinances.
(b) In addition to any other remedies provided by law, when a county's land use and
development ordinances are being violated or about to be violated by another political
subdivision, that county may institute 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 or charter school is subject to a county's land use regulations under
this chapter, except that a county 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) except as otherwise provided in this section, require a school district or charter school
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 or charter school 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 or charter school 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 or charter school 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 or charter school shall coordinate the
siting of a new school with the county in which the school is to be located, to:
(a) avoid or mitigate existing and potential traffic hazards, including consideration of the
impacts between the new school and future highways; and
(b) to maximize school, student, and site safety.
(4) Notwithstanding Subsection (2)(d), a county may, at its discretion:
(a) provide a walk-through of school construction at no cost and at a time convenient to
the district or charter school; and

(b) provide recommendations based upon the walk-through.
(5) (a) Notwithstanding Subsection (2)(d), a school district or charter school shall use:
(i) a county building inspector;
(ii) a school district building inspector; or
(iii) an independent, certified building inspector who is:
(A) not an employee of the contractor; and
(B) approved and supervised by a county building inspector or a school district building
inspector.
(b) The approval under Subsection (5)(a)(iii)(B) may not be unreasonably withheld.
(6) (a) A charter school shall be:
(i) considered a permitted use and shall be processed on a first priority basis in all zoning
districts within a county; and
(ii) subject only to objective standards within each zone pertaining to setback, height,
bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
staging requirements.
(b) Parking requirements for a charter school may not exceed the minimum parking
requirements for schools or other institutional public uses throughout the county.
(c) If a county has designated zones for a sexually oriented business, or a business which
sells alcohol, a charter school may be prohibited from a location which would otherwise defeat
the purpose for the zone unless the charter school provides a waiver.
Section 6. Section 17-27-407 is amended to read:
17-27-407. Nonconforming uses and structures.
(1) (a) Except as provided in this section, a nonconforming use or structure may be
continued.
(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.

(d) If any county acquires title to any property because of tax delinquency and the
property is not redeemed as provided by law, the future use of the property shall conform with
the existing provisions of the county ordinances equally applicable to other like properties within
the district in which the property acquired by the county is located.
(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
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 county is considered to have initiated the acquisition of a billboard structure by
eminent domain under Subsection (2)(c)(v) if the county 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 county has issued a permit, if the proposed relocation, rebuilding, or other measure is
consistent with the intent of that permit.
(b) A county'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 county may remove a billboard without
providing compensation if:
(a) the county 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 county 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 county'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
county 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 county 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 county's ordinance requiring or allowing a billboard owner to
relocate and rebuild an existing nonconforming billboard to an area within the county where
outdoor advertising is otherwise allowed under Title 72, Chapter 7, Part 5, Utah Outdoor
Advertising Act.
(6) A county may terminate the nonconforming status of school district or charter school
property when the property ceases to be used for school district or charter school purposes.
Section 7. Section 53A-20-104 is amended to read:
53A-20-104. Enforcement of chapter by state superintendent -- Employment of
personnel -- Certificate of occupancy.
(1) The state superintendent of public instruction shall enforce this chapter.
(2) The superintendent may employ architects or other qualified personnel, or contract
with the State Building Board, the state fire marshal, or a local governmental entity to:
(a) examine the plans and specifications of any school building or alteration submitted
under this chapter;
(b) verify the inspection of any school building during or following construction; and
(c) perform other functions necessary to ensure compliance with this chapter.
(3) (a) A local school board or charter school shall file certificates of occupancy with the
local governmental entity's building official and the State Office of Education for the purpose of
advising those entities that the school district or charter school has complied with the inspection
provisions of this chapter.

(b) For purposes of this Subsection (3):
(i) "local governmental entity" means either a municipality, for a school building located
within a municipality, or a county, for a school building located within an unincorporated area in
the county; and
(ii) "certificate of occupancy" means standard inspection forms developed by the state
superintendent in consultation with local school boards and charter schools to verify that
inspections by qualified inspectors have occurred.
Section 8. Section 53A-20-104.5 is amended to read:
53A-20-104.5. School building construction and inspection manual -- Annual
construction and inspection conference -- Verification of school construction inspections.
(1) (a) The State Board of Education, through the state superintendent of public
instruction, shall develop and distribute to each school district a school building construction and
inspection resource manual.
(b) The manual shall be provided to a charter school upon request of the charter school.
(2) (a) The manual shall include current legal requirements and information on school
building construction and inspections.
(b) The state superintendent shall review and update the manual at least once every three
years.
(3) The board shall provide for an annual school construction conference to allow a
representative from each school district and charter school to:
(a) receive current information on the design, construction, and inspection of school
buildings;
(b) receive training on such matters as:
(i) using properly certified building inspectors;
(ii) filing construction inspection summary reports and the final inspection certification
with the local governmental authority's building official;
(iii) the roles and relationships between a school district or charter school and the local
governmental authority, either a county or municipality, as related to the construction and

inspection of school buildings; and
(iv) adequate documentation of school building inspections; and
(c) provide input on any changes that may be needed to improve the existing school
building inspection program.
(4) [(a)] The board shall develop a process to verify that inspections by qualified
inspectors occur in each school district or charter school.
[(b) The board shall make a report on its implementation of the process to the Education
Interim Committee prior to the 2000 Legislative General Session.]
Section 9. Section 53A-20-108 is amended to read:
53A-20-108. Notification to local government of intent to purchase school site or
construction of school building -- Negotiation of fees -- Confidentiality.
(1) (a) A school district or charter school shall notify the affected local governmental
entity without delay prior to the purchase of a school site or construction of a school building of
its intent to purchase or construct.
(b) Representatives of the local governmental entity and the school district or charter
school shall meet as soon as possible after delivery of the notice under Subsection (1)(a) to:
(i) discuss concerns that each may have, including potential community impacts and site
safety;
(ii) assess the availability of infrastructure for the site; and
(iii) discuss any fees that might be charged by the local governmental entity in
connection with a building project.
(2) Representatives of the local governmental entity and the school district or charter
school shall meet as soon as possible after the purchase of a school site to discuss concerns that
each may have, including potential community impacts, and to negotiate any fees that might be
charged by the local governmental entity in connection with a building project.
(3) A local governmental entity may not increase a previously agreed-upon fee after the
district or charter school has signed contracts to begin construction.
(4) Prior to the filing of a formal application by the affected school district or charter

school, a local governmental entity may not disclose information obtained from a school district
or charter school regarding the district's or charter school's consideration of, or intent to, purchase
a school site or construct a school building, without first obtaining the consent of the district or
charter school.
Section 10. Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
date of veto override.