First Substitute H.B. 88

This document includes House Floor Amendments incorporated into the bill on Mon, Mar 11, 2013 at 6:36 PM by lerror. -->

Representative Melvin R. Brown proposes the following substitute bill:

1 LAND USE AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Melvin R. Brown
5 Senate Sponsor: David P. Hinkins
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions governing land use.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . requires a planning commission to give notice to an owner of private real property if
14 the property is located within an area located in a proposed zoning map or map
15 amendment;
16 . permits an owner of private real property located within a proposed zoning map or
17 map amendment to file a protest with the planning commission;
18 . prohibits the planning commission or legislative body from adopting a proposed
19 zoning map or map amendment if adequate protests are filed; and
20 . makes technical and conforming amendments.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:

26 AMENDS:
27 10-9a-103, as last amended by Laws of Utah 2012, Chapter 231
28 10-9a-205, as last amended by Laws of Utah 2010, Chapters 90 and 123
29 10-9a-502, as renumbered and amended by Laws of Utah 2005, Chapter 254
30 11-36a-502, as enacted by Laws of Utah 2011, Chapter 47
31 17-27a-103, as last amended by Laws of Utah 2012, Chapter 231
32 17-27a-205, as last amended by Laws of Utah 2010, Chapters 90 and 123
33 17-27a-502, as renumbered and amended by Laws of Utah 2005, Chapter 254
34 ENACTS:
35 10-9a-213, Utah Code Annotated 1953
36 10-9a-502.5, Utah Code Annotated 1953
37 17-27a-213, Utah Code Annotated 1953
38 17-27a-502.5, Utah Code Annotated 1953
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 10-9a-103 is amended to read:
42 10-9a-103. Definitions.
43 As used in this chapter:
44 (1) "Adequate protests" means protests that are:
45 (a) filed with a planning commission no later than 60 days after the day of the public
46 hearing required under Section 10-9a-502 on a proposed zoning map or map amendment; and
47 (b) signed by the owners of private real property that:
48 (i) is located within a proposed zoning map or map amendment;
49 (ii) covers at least the majority of the total private land area within the proposed zoning
50 map or map amendment; and
51 (iii) is equal in value to at least 50 % of the value of all private real property within the
52 applicable area.
53 [(1)] (2) "Affected entity" means a county, municipality, local district, special service
54 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
55 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
56 public utility, a property owner, a property owners association, or the Utah Department of

57 Transportation, if:
58 (a) the entity's services or facilities are likely to require expansion or significant
59 modification because of an intended use of land;
60 (b) the entity has filed with the municipality a copy of the entity's general or long-range
61 plan; or
62 (c) the entity has filed with the municipality a request for notice during the same
63 calendar year and before the municipality provides notice to an affected entity in compliance
64 with a requirement imposed under this chapter.
65 [(2)] (3) "Appeal authority" means the person, board, commission, agency, or other
66 body designated by ordinance to decide an appeal of a decision of a land use application or a
67 variance.
68 [(3)] (4) "Billboard" means a freestanding ground sign located on industrial,
69 commercial, or residential property if the sign is designed or intended to direct attention to a
70 business, product, or service that is not sold, offered, or existing on the property where the sign
71 is located.
72 [(4)] (5) (a) "Charter school" means:
73 (i) an operating charter school;
74 (ii) a charter school applicant that has its application approved by a chartering entity in
75 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; or
76 (iii) an entity who is working on behalf of a charter school or approved charter
77 applicant to develop or construct a charter school building.
78 (b) "Charter school" does not include a therapeutic school.
79 [(5)] (6) "Conditional use" means a land use that, because of its unique characteristics
80 or potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not
81 be compatible in some areas or may be compatible only if certain conditions are required that
82 mitigate or eliminate the detrimental impacts.
83 [(6)] (7) "Constitutional taking" means a governmental action that results in a taking of
84 private property so that compensation to the owner of the property is required by the:
85 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
86 (b) Utah Constitution Article I, Section 22.
87 [(7)] (8) "Culinary water authority" means the department, agency, or public entity with

88 responsibility to review and approve the feasibility of the culinary water system and sources for
89 the subject property.
90 [(8)] (9) "Development activity" means:
91 (a) any construction or expansion of a building, structure, or use that creates additional
92 demand and need for public facilities;
93 (b) any change in use of a building or structure that creates additional demand and need
94 for public facilities; or
95 (c) any change in the use of land that creates additional demand and need for public
96 facilities.
97 [(9)] (10) (a) "Disability" means a physical or mental impairment that substantially
98 limits one or more of a person's major life activities, including a person having a record of such
99 an impairment or being regarded as having such an impairment.
100 (b) "Disability" does not include current illegal use of, or addiction to, any federally
101 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
102 802.
103 [(10)] (11) "Educational facility":
104 (a) means:
105 (i) a school district's building at which pupils assemble to receive instruction in a
106 program for any combination of grades from preschool through grade 12, including
107 kindergarten and a program for children with disabilities;
108 (ii) a structure or facility:
109 (A) located on the same property as a building described in Subsection [(10)]
110 (11)(a)(i); and
111 (B) used in support of the use of that building; and
112 (iii) a building to provide office and related space to a school district's administrative
113 personnel; and
114 (b) does not include:
115 (i) land or a structure, including land or a structure for inventory storage, equipment
116 storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
117 (A) not located on the same property as a building described in Subsection [(10)]
118 (11)(a)(i); and

119 (B) used in support of the purposes of a building described in Subsection [(10)]
120 (11)(a)(i); or
121 (ii) a therapeutic school.
122 [(11)] (12) "Elderly person" means a person who is 60 years old or older, who desires
123 or needs to live with other elderly persons in a group setting, but who is capable of living
124 independently.
125 [(12)] (13) "Fire authority" means the department, agency, or public entity with
126 responsibility to review and approve the feasibility of fire protection and suppression services
127 for the subject property.
128 [(13)] (14) "Flood plain" means land that:
129 (a) is within the 100-year flood plain designated by the Federal Emergency
130 Management Agency; or
131 (b) has not been studied or designated by the Federal Emergency Management Agency
132 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
133 the land has characteristics that are similar to those of a 100-year flood plain designated by the
134 Federal Emergency Management Agency.
135 [(14)] (15) "General plan" means a document that a municipality adopts that sets forth
136 general guidelines for proposed future development of the land within the municipality.
137 [(15)] (16) "Geologic hazard" means:
138 (a) a surface fault rupture;
139 (b) shallow groundwater;
140 (c) liquefaction;
141 (d) a landslide;
142 (e) a debris flow;
143 (f) unstable soil;
144 (g) a rock fall; or
145 (h) any other geologic condition that presents a risk:
146 (i) to life;
147 (ii) of substantial loss of real property; or
148 (iii) of substantial damage to real property.
149 [(16)] (17) "Hookup fee" means a fee for the installation and inspection of any pipe,

150 line, meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or
151 other utility system.
152 [(17)] (18) "Identical plans" means building plans submitted to a municipality that:
153 (a) are clearly marked as "identical plans";
154 (b) are substantially identical to building plans that were previously submitted to and
155 reviewed and approved by the municipality; and
156 (c) describe a building that:
157 (i) is located on land zoned the same as the land on which the building described in the
158 previously approved plans is located;
159 (ii) is subject to the same geological and meteorological conditions and the same law
160 as the building described in the previously approved plans;
161 (iii) has a floor plan identical to the building plan previously submitted to and reviewed
162 and approved by the municipality; and
163 (iv) does not require any additional engineering or analysis.
164 [(18)] (19) "Impact fee" means a payment of money imposed under Title 11, Chapter
165 36a, Impact Fees Act.
166 [(19)] (20) "Improvement assurance" means a surety bond, letter of credit, cash, or
167 other security:
168 (a) to guaranty the proper completion of an improvement;
169 (b) that is required as a condition precedent to:
170 (i) recording a subdivision plat; or
171 (ii) beginning development activity; and
172 (c) that is offered to a land use authority to induce the land use authority, before actual
173 construction of required improvements, to:
174 (i) consent to the recording of a subdivision plat; or
175 (ii) issue a permit for development activity.
176 [(20)] (21) "Improvement assurance warranty" means a promise that the materials and
177 workmanship of improvements:
178 (a) comport with standards that the municipality has officially adopted; and
179 (b) will not fail in any material respect within a warranty period.
180 [(21)] (22) "Internal lot restriction" means a platted note, platted demarcation, or

181 platted designation that:
182 (a) runs with the land; and
183 (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
184 the plat; or
185 (ii) designates a development condition that is enclosed within the perimeter of a lot
186 described on the plat.
187 [(22)] (23) "Land use application" means an application required by a municipality's
188 land use ordinance.
189 [(23)] (24) "Land use authority" means a person, board, commission, agency, or other
190 body designated by the local legislative body to act upon a land use application.
191 [(24)] (25) "Land use ordinance" means a planning, zoning, development, or
192 subdivision ordinance of the municipality, but does not include the general plan.
193 [(25)] (26) "Land use permit" means a permit issued by a land use authority.
194 [(26)] (27) "Legislative body" means the municipal council.
195 [(27)] (28) "Local district" means an entity under Title 17B, Limited Purpose Local
196 Government Entities - Local Districts, and any other governmental or quasi-governmental
197 entity that is not a county, municipality, school district, or the state.
198 [(28)] (29) "Lot line adjustment" means the relocation of the property boundary line in
199 a subdivision between two adjoining lots with the consent of the owners of record.
200 [(29)] (30) "Moderate income housing" means housing occupied or reserved for
201 occupancy by households with a gross household income equal to or less than 80% of the
202 median gross income for households of the same size in the county in which the city is located.
203 [(30)] (31) "Nominal fee" means a fee that reasonably reimburses a municipality only
204 for time spent and expenses incurred in:
205 (a) verifying that building plans are identical plans; and
206 (b) reviewing and approving those minor aspects of identical plans that differ from the
207 previously reviewed and approved building plans.
208 [(31)] (32) "Noncomplying structure" means a structure that:
209 (a) legally existed before its current land use designation; and
210 (b) because of one or more subsequent land use ordinance changes, does not conform
211 to the setback, height restrictions, or other regulations, excluding those regulations, which

212 govern the use of land.
213 [(32)] (33) "Nonconforming use" means a use of land that:
214 (a) legally existed before its current land use designation;
215 (b) has been maintained continuously since the time the land use ordinance governing
216 the land changed; and
217 (c) because of one or more subsequent land use ordinance changes, does not conform
218 to the regulations that now govern the use of the land.
219 [(33)] (34) "Official map" means a map drawn by municipal authorities and recorded in
220 a county recorder's office that:
221 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
222 highways and other transportation facilities;
223 (b) provides a basis for restricting development in designated rights-of-way or between
224 designated setbacks to allow the government authorities time to purchase or otherwise reserve
225 the land; and
226 (c) has been adopted as an element of the municipality's general plan.
227 [(34)] (35) "Person" means an individual, corporation, partnership, organization,
228 association, trust, governmental agency, or any other legal entity.
229 [(35)] (36) "Plan for moderate income housing" means a written document adopted by
230 a city legislative body that includes:
231 (a) an estimate of the existing supply of moderate income housing located within the
232 city;
233 (b) an estimate of the need for moderate income housing in the city for the next five
234 years as revised biennially;
235 (c) a survey of total residential land use;
236 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
237 income housing; and
238 (e) a description of the city's program to encourage an adequate supply of moderate
239 income housing.
240 [(36)] (37) "Plat" means a map or other graphical representation of lands being laid out
241 and prepared in accordance with Section 10-9a-603 , 17-23-17 , or 57-8-13 .
242 [(37)] (38) "Potential geologic hazard area" means an area that:

243 (a) is designated by a Utah Geological Survey map, county geologist map, or other
244 relevant map or report as needing further study to determine the area's potential for geologic
245 hazard; or
246 (b) has not been studied by the Utah Geological Survey or a county geologist but
247 presents the potential of geologic hazard because the area has characteristics similar to those of
248 a designated geologic hazard area.
249 [(38)] (39) "Public agency" means:
250 (a) the federal government;
251 (b) the state;
252 (c) a county, municipality, school district, local district, special service district, or other
253 political subdivision of the state; or
254 (d) a charter school.
255 [(39)] (40) "Public hearing" means a hearing at which members of the public are
256 provided a reasonable opportunity to comment on the subject of the hearing.
257 [(40)] (41) "Public meeting" means a meeting that is required to be open to the public
258 under Title 52, Chapter 4, Open and Public Meetings Act.
259 [(41)] (42) "Receiving zone" means an area of a municipality that the municipality
260 designates, by ordinance, as an area in which an owner of land may receive a transferable
261 development right.
262 [(42)] (43) "Record of survey map" means a map of a survey of land prepared in
263 accordance with Section 17-23-17 .
264 [(43)] (44) "Residential facility for elderly persons" means a single-family or
265 multiple-family dwelling unit that meets the requirements of Section 10-9a-516 , but does not
266 include a health care facility as defined by Section 26-21-2 .
267 [(44)] (45) "Residential facility for persons with a disability" means a residence:
268 (a) in which more than one person with a disability resides; and
269 (b) (i) is licensed or certified by the Department of Human Services under Title 62A,
270 Chapter 2, Licensure of Programs and Facilities; or
271 (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
272 Health Care Facility Licensing and Inspection Act.
273 [(45)] (46) "Rules of order and procedure" means a set of rules that govern and

274 prescribe in a public meeting:
275 (a) parliamentary order and procedure;
276 (b) ethical behavior; and
277 (c) civil discourse.
278 [(46)] (47) "Sanitary sewer authority" means the department, agency, or public entity
279 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
280 wastewater systems.
281 [(47)] (48) "Sending zone" means an area of a municipality that the municipality
282 designates, by ordinance, as an area from which an owner of land may transfer a transferable
283 development right.
284 [(48)] (49) "Specified public agency" means:
285 (a) the state;
286 (b) a school district; or
287 (c) a charter school.
288 [(49)] (50) "Specified public utility" means an electrical corporation, gas corporation,
289 or telephone corporation, as those terms are defined in Section 54-2-1 .
290 [(50)] (51) "State" includes any department, division, or agency of the state.
291 [(51)] (52) "Street" means a public right-of-way, including a highway, avenue,
292 boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement,
293 or other way.
294 [(52)] (53) (a) "Subdivision" means any land that is divided, resubdivided or proposed
295 to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
296 purpose, whether immediate or future, for offer, sale, lease, or development either on the
297 installment plan or upon any and all other plans, terms, and conditions.
298 (b) "Subdivision" includes:
299 (i) the division or development of land whether by deed, metes and bounds description,
300 devise and testacy, map, plat, or other recorded instrument; and
301 (ii) except as provided in Subsection [(52)] (53)(c), divisions of land for residential and
302 nonresidential uses, including land used or to be used for commercial, agricultural, and
303 industrial purposes.
304 (c) "Subdivision" does not include:

305 (i) a bona fide division or partition of agricultural land for the purpose of joining one of
306 the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
307 neither the resulting combined parcel nor the parcel remaining from the division or partition
308 violates an applicable land use ordinance;
309 (ii) a recorded agreement between owners of adjoining unsubdivided properties
310 adjusting their mutual boundary if:
311 (A) no new lot is created; and
312 (B) the adjustment does not violate applicable land use ordinances;
313 (iii) a recorded document, executed by the owner of record:
314 (A) revising the legal description of more than one contiguous unsubdivided parcel of
315 property into one legal description encompassing all such parcels of property; or
316 (B) joining a subdivided parcel of property to another parcel of property that has not
317 been subdivided, if the joinder does not violate applicable land use ordinances;
318 (iv) a recorded agreement between owners of adjoining subdivided properties adjusting
319 their mutual boundary if:
320 (A) no new dwelling lot or housing unit will result from the adjustment; and
321 (B) the adjustment will not violate any applicable land use ordinance; or
322 (v) a bona fide division or partition of land by deed or other instrument where the land
323 use authority expressly approves in writing the division in anticipation of further land use
324 approvals on the parcel or parcels.
325 (d) The joining of a subdivided parcel of property to another parcel of property that has
326 not been subdivided does not constitute a subdivision under this Subsection [(52)] (53) as to
327 the unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
328 subdivision ordinance.
329 [(53)] (54) "Therapeutic school" means a residential group living facility:
330 (a) for four or more individuals who are not related to:
331 (i) the owner of the facility; or
332 (ii) the primary service provider of the facility;
333 (b) that serves students who have a history of failing to function:
334 (i) at home;
335 (ii) in a public school; or

336 (iii) in a nonresidential private school; and
337 (c) that offers:
338 (i) room and board; and
339 (ii) an academic education integrated with:
340 (A) specialized structure and supervision; or
341 (B) services or treatment related to a disability, an emotional development, a
342 behavioral development, a familial development, or a social development.
343 [(54)] (55) "Transferable development right" means a right to develop and use land that
344 originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
345 land use rights from a designated sending zone to a designated receiving zone.
346 [(55)] (56) "Unincorporated" means the area outside of the incorporated area of a city
347 or town.
348 [(56)] (57) "Water interest" means any right to the beneficial use of water, including:
349 (a) each of the rights listed in Section 73-1-11 ; and
350 (b) an ownership interest in the right to the beneficial use of water represented by:
351 (i) a contract; or
352 (ii) a share in a water company, as defined in Section 73-3-3.5 .
353 [(57)] (58) "Zoning map" means a map, adopted as part of a land use ordinance, that
354 depicts land use zones, overlays, or districts.
355 Section 2. Section 10-9a-205 is amended to read:
356 10-9a-205. Notice of public hearings and public meetings on adoption or
357 modification of land use ordinance.
358 (1) Each municipality shall give:
359 (a) notice of the date, time, and place of the first public hearing to consider the
360 adoption or any modification of a land use ordinance; and
361 (b) notice of each public meeting on the subject.
362 (2) [Each] Except as provided in Section 10-9a-213 , each notice of a public hearing
363 under Subsection (1)(a) shall be:
364 (a) mailed to each affected entity at least 10 calendar days before the public hearing;
365 (b) posted:
366 (i) in at least three public locations within the municipality; or

367 (ii) on the municipality's official website; and
368 (c) (i) (A) published in a newspaper of general circulation in the area at least 10
369 calendar days before the public hearing; and
370 (B) published on the Utah Public Notice Website created in Section 63F-1-701 , at least
371 10 calendar days before the public hearing; or
372 (ii) mailed at least 10 days before the public hearing to:
373 (A) each property owner whose land is directly affected by the land use ordinance
374 change; and
375 (B) each adjacent property owner within the parameters specified by municipal
376 ordinance.
377 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
378 before the meeting and shall be posted:
379 (a) in at least three public locations within the municipality; or
380 (b) on the municipality's official website.
381 Section 3. Section 10-9a-213 is enacted to read:
382 10-9a-213. Notice and hearing for proposed zoning change.
383 (1) (a) Subject to Subsection (1)(b), if a planning commission prepares a zoning map or
384 map amendment, and before recommending the zoning map or map amendment to the
385 legislative body in accordance with Sections 10-9a-302 and 10-9a-502 , the planning
386 commission shall send written notice to each owner of private real property whose property is
387 located entirely or partially within the proposed map or amendment.
388 (b) (i) This section applies if the zoning map or map amendment is proposed by the
389 municipality.
390 (ii) If the zoning map or map amendment is proposed by a person or entity other than
391 the municipality, the notice requirements for a land use ordinance in Section 10-9a-205 shall
392 apply.
393 (2) The written notice shall:
394 (a) identify, with specificity, the owner's real property that will be affected by the
395 proposed zoning map or map amendment;
396 (b) state the current zone in which the real property is located;
397 (c) state the proposed new zone for the real property, including proposed regulations,

398 prohibitions, and permitted uses, that the property will be subject to if the zoning map or map
399 amendment is adopted;
400 (d) (i) state that the owner of real property may no later than 60 days after the day of
401 the public hearing described in Section 10-9a-502 file a protest to the inclusion of the owner's
402 property in the proposed zoning map or map amendment; and
403 (ii) state the date of the protest filing deadline;
404 (e) state the address of where the protest should be filed with the planning commission;
405 (f) notify the property owner that if adequate protests are filed with the planning
406 commission, the commission may not recommend and the legislative H. body .H may
406a not adopt the zoning
407 map or map amendment; and
408 (g) state the location, date, and time of the public hearing described in Section
409 10-9a-502 .
410 (3) The planning commission shall mail the notice at least 10 calendar days before the
411 public hearing, first class, postage prepaid, to each owner of record according to the records of
412 the county recorder of private real property located within the proposed zoning map or map
413 amendment.
414 (4) In addition to the written notice required in Subsection (2), the planning
415 commission shall give notice in accordance with Subsections 10-9a-205 (2)(b) and (c)(i).
416 Section 4. Section 10-9a-502 is amended to read:
417 10-9a-502. Preparation and adoption of land use ordinance or zoning map.
418 (1) The planning commission shall:
419 (a) provide notice as required by Subsection 10-9a-205 (1)(a) for a proposed land use
420 ordinance other than a zoning map or map amendment or Section 10-9a-213 for a proposed
421 zoning map or map amendment;
422 (b) hold a public hearing on a proposed land use ordinance or zoning map; and
423 (c) except as provided in Subsection (2), prepare and recommend to the legislative
424 body a proposed land use ordinance or ordinances and zoning map that represent the planning
425 commission's recommendation for regulating the use and development of land within all or any
426 part of the area of the municipality.
427 (2) If adequate protests are filed in accordance with Section 10-9a-502.5 to a zoning
428 map or map amendment proposed by the municipality:

429 (a) the planning commission may not recommend to the legislative body the zoning
430 map or map amendment; and
431 (b) the legislative body may not consider or adopt the proposed zoning map or map
432 amendment under Subsection (3).
433 [(2)] (3) The municipal legislative body shall consider each proposed land use
434 ordinance and zoning map recommended to it by the planning commission, and, after providing
435 notice as required by Subsection 10-9a-205 (1)(b) and holding a public meeting, the legislative
436 body may adopt or reject the ordinance or map either as proposed by the planning commission
437 or after making any revision the municipal legislative body considers appropriate.
438 Section 5. Section 10-9a-502.5 is enacted to read:
439 10-9a-502.5. Zoning protests.
440 (1) (a) An owner of property that is included in a zoning map or map amendment
441 proposed by the municipality may, within the time specified in the notice under Section
442 10-9a-213 , file a written protest against the inclusion of all or a part of the owner's property in
443 the zoning map or map amendment.
444 (b) A property owner may not protest a zoning map or map amendment if:
445 (i) the map or amendment is proposed by a person or entity other than the municipality;
446 and
447 (ii) the owner's property is not included in the zoning map or map amendment.
448 (2) A protest under Subsection (2) shall describe or otherwise identify the property
449 owned by the person filing the protest.
450 (3) An owner may withdraw a protest at any time before the expiration of the 60-day
451 period.
452 (4) The failure of an owner of property within the proposed zoning map or map
453 amendment to file a timely written protest constitutes a waiver of any objection to:
454 (a) adoption of the zoning map or map amendment; or
455 (b) the inclusion on the owner's property within the zone.
456 Section 6. Section 11-36a-502 is amended to read:
457 11-36a-502. Notice to adopt or amend an impact fee facilities plan.
458 (1) If a local political subdivision chooses to prepare an independent impact fee
459 facilities plan rather than include an impact fee facilities element in the general plan in

460 accordance with Section 11-36a-301 , the local political subdivision shall, before adopting or
461 amending the impact fee facilities plan:
462 (a) give public notice, in accordance with Subsection (2), of the plan or amendment at
463 least 10 days before the day on which the public hearing described in Subsection (1)(d) is
464 scheduled;
465 (b) make a copy of the plan or amendment, together with a summary designed to be
466 understood by a lay person, available to the public;
467 (c) place a copy of the plan or amendment and summary in each public library within
468 the local political subdivision; and
469 (d) hold a public hearing to hear public comment on the plan or amendment.
470 (2) With respect to the public notice required under Subsection (1)(a):
471 (a) each municipality shall comply with the notice and hearing requirements of, and,
472 except as provided in Subsection 11-36a-701 (3)(b)(ii), receive the protections of Sections
473 10-9a-205 and 10-9a-801 and Subsection 10-9a-502 [(2)](3);
474 (b) each county shall comply with the notice and hearing requirements of, and, except
475 as provided in Subsection 11-36a-701 (3)(b)(ii), receive the protections of Sections 17-27a-205
476 and 17-27a-801 and Subsection 17-27a-502 [(2)](3); and
477 (c) each local district, special service district, and private entity shall comply with the
478 notice and hearing requirements of, and receive the protections of, Section 17B-1-111 .
479 (3) Nothing contained in this section or Section 11-36a-503 may be construed to
480 require involvement by a planning commission in the impact fee facilities planning process.
481 Section 7. Section 17-27a-103 is amended to read:
482 17-27a-103. Definitions.
483 As used in this chapter:
484 (1) "Adequate protests" means protests that are:
485 (a) filed with a planning commission no later than 60 days after the day of the public
486 hearing required under Section 17-27a-502 on a proposed zoning map or map amendment; and
487 (b) signed by the owners of private real property that:
488 (i) is located within a proposed zoning map or map amendment;
489 (ii) covers at least the majority of the total private land area within the proposed zoning
490 map or map amendment; and

491 (iii) is equal in value to at least 50% of the value of all private real property within the
492 applicable area.
493 [(1)] (2) "Affected entity" means a county, municipality, local district, special service
494 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
495 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
496 property owner, property owners association, public utility, or the Utah Department of
497 Transportation, if:
498 (a) the entity's services or facilities are likely to require expansion or significant
499 modification because of an intended use of land;
500 (b) the entity has filed with the county a copy of the entity's general or long-range plan;
501 or
502 (c) the entity has filed with the county a request for notice during the same calendar
503 year and before the county provides notice to an affected entity in compliance with a
504 requirement imposed under this chapter.
505 [(2)] (3) "Appeal authority" means the person, board, commission, agency, or other
506 body designated by ordinance to decide an appeal of a decision of a land use application or a
507 variance.
508 [(3)] (4) "Billboard" means a freestanding ground sign located on industrial,
509 commercial, or residential property if the sign is designed or intended to direct attention to a
510 business, product, or service that is not sold, offered, or existing on the property where the sign
511 is located.
512 [(4)] (5) (a) "Charter school" means:
513 (i) an operating charter school;
514 (ii) a charter school applicant that has its application approved by a chartering entity in
515 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; or
516 (iii) an entity who is working on behalf of a charter school or approved charter
517 applicant to develop or construct a charter school building.
518 (b) "Charter school" does not include a therapeutic school.
519 [(5)] (6) "Chief executive officer" means the person or body that exercises the
520 executive powers of the county.
521 [(6)] (7) "Conditional use" means a land use that, because of its unique characteristics

522 or potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
523 compatible in some areas or may be compatible only if certain conditions are required that
524 mitigate or eliminate the detrimental impacts.
525 [(7)] (8) "Constitutional taking" means a governmental action that results in a taking of
526 private property so that compensation to the owner of the property is required by the:
527 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
528 (b) Utah Constitution Article I, Section 22.
529 [(8)] (9) "Culinary water authority" means the department, agency, or public entity with
530 responsibility to review and approve the feasibility of the culinary water system and sources for
531 the subject property.
532 [(9)] (10) "Development activity" means:
533 (a) any construction or expansion of a building, structure, or use that creates additional
534 demand and need for public facilities;
535 (b) any change in use of a building or structure that creates additional demand and need
536 for public facilities; or
537 (c) any change in the use of land that creates additional demand and need for public
538 facilities.
539 [(10)] (11) (a) "Disability" means a physical or mental impairment that substantially
540 limits one or more of a person's major life activities, including a person having a record of such
541 an impairment or being regarded as having such an impairment.
542 (b) "Disability" does not include current illegal use of, or addiction to, any federally
543 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
544 802.
545 [(11)] (12) "Educational facility":
546 (a) means:
547 (i) a school district's building at which pupils assemble to receive instruction in a
548 program for any combination of grades from preschool through grade 12, including
549 kindergarten and a program for children with disabilities;
550 (ii) a structure or facility:
551 (A) located on the same property as a building described in Subsection [(11)]
552 (12)(a)(i); and

553 (B) used in support of the use of that building; and
554 (iii) a building to provide office and related space to a school district's administrative
555 personnel; and
556 (b) does not include:
557 (i) land or a structure, including land or a structure for inventory storage, equipment
558 storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
559 (A) not located on the same property as a building described in Subsection [(11)]
560 (12)(a)(i); and
561 (B) used in support of the purposes of a building described in Subsection [(11)]
562 (12)(a)(i); or
563 (ii) a therapeutic school.
564 [(12)] (13) "Elderly person" means a person who is 60 years old or older, who desires
565 or needs to live with other elderly persons in a group setting, but who is capable of living
566 independently.
567 [(13)] (14) "Fire authority" means the department, agency, or public entity with
568 responsibility to review and approve the feasibility of fire protection and suppression services
569 for the subject property.
570 [(14)] (15) "Flood plain" means land that:
571 (a) is within the 100-year flood plain designated by the Federal Emergency
572 Management Agency; or
573 (b) has not been studied or designated by the Federal Emergency Management Agency
574 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
575 the land has characteristics that are similar to those of a 100-year flood plain designated by the
576 Federal Emergency Management Agency.
577 [(15)] (16) "Gas corporation" has the same meaning as defined in Section 54-2-1 .
578 [(16)] (17) "General plan" means a document that a county adopts that sets forth
579 general guidelines for proposed future development of the unincorporated land within the
580 county.
581 [(17)] (18) "Geologic hazard" means:
582 (a) a surface fault rupture;
583 (b) shallow groundwater;

584 (c) liquefaction;
585 (d) a landslide;
586 (e) a debris flow;
587 (f) unstable soil;
588 (g) a rock fall; or
589 (h) any other geologic condition that presents a risk:
590 (i) to life;
591 (ii) of substantial loss of real property; or
592 (iii) of substantial damage to real property.
593 [(18)] (19) "Internal lot restriction" means a platted note, platted demarcation, or
594 platted designation that:
595 (a) runs with the land; and
596 (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
597 the plat; or
598 (ii) designates a development condition that is enclosed within the perimeter of a lot
599 described on the plat.
600 [(19)] (20) "Hookup fee" means a fee for the installation and inspection of any pipe,
601 line, meter, or appurtenance to connect to a county water, sewer, storm water, power, or other
602 utility system.
603 [(20)] (21) "Identical plans" means building plans submitted to a county that:
604 (a) are clearly marked as "identical plans";
605 (b) are substantially identical building plans that were previously submitted to and
606 reviewed and approved by the county; and
607 (c) describe a building that:
608 (i) is located on land zoned the same as the land on which the building described in the
609 previously approved plans is located;
610 (ii) is subject to the same geological and meteorological conditions and the same law
611 as the building described in the previously approved plans;
612 (iii) has a floor plan identical to the building plan previously submitted to and reviewed
613 and approved by the county; and
614 (iv) does not require any additional engineering or analysis.

615 [(21)] (22) "Impact fee" means a payment of money imposed under Title 11, Chapter
616 36a, Impact Fees Act.
617 [(22)] (23) "Improvement assurance" means a surety bond, letter of credit, cash, or
618 other security:
619 (a) to guaranty the proper completion of an improvement;
620 (b) that is required as a condition precedent to:
621 (i) recording a subdivision plat; or
622 (ii) beginning development activity; and
623 (c) that is offered to a land use authority to induce the land use authority, before actual
624 construction of required improvements, to:
625 (i) consent to the recording of a subdivision plat; or
626 (ii) issue a permit for development activity.
627 [(23)] (24) "Improvement assurance warranty" means a promise that the materials and
628 workmanship of improvements:
629 (a) comport with standards that the county has officially adopted; and
630 (b) will not fail in any material respect within a warranty period.
631 [(24)] (25) "Interstate pipeline company" means a person or entity engaged in natural
632 gas transportation subject to the jurisdiction of the Federal Energy Regulatory Commission
633 under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
634 [(25)] (26) "Intrastate pipeline company" means a person or entity engaged in natural
635 gas transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
636 Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
637 [(26)] (27) "Land use application" means an application required by a county's land use
638 ordinance.
639 [(27)] (28) "Land use authority" means a person, board, commission, agency, or other
640 body designated by the local legislative body to act upon a land use application.
641 [(28)] (29) "Land use ordinance" means a planning, zoning, development, or
642 subdivision ordinance of the county, but does not include the general plan.
643 [(29)] (30) "Land use permit" means a permit issued by a land use authority.
644 [(30)] (31) "Legislative body" means the county legislative body, or for a county that
645 has adopted an alternative form of government, the body exercising legislative powers.

646 [(31)] (32) "Local district" means any entity under Title 17B, Limited Purpose Local
647 Government Entities - Local Districts, and any other governmental or quasi-governmental
648 entity that is not a county, municipality, school district, or the state.
649 [(32)] (33) "Lot line adjustment" means the relocation of the property boundary line in
650 a subdivision between two adjoining lots with the consent of the owners of record.
651 [(33)] (34) "Moderate income housing" means housing occupied or reserved for
652 occupancy by households with a gross household income equal to or less than 80% of the
653 median gross income for households of the same size in the county in which the housing is
654 located.
655 [(34)] (35) "Nominal fee" means a fee that reasonably reimburses a county only for
656 time spent and expenses incurred in:
657 (a) verifying that building plans are identical plans; and
658 (b) reviewing and approving those minor aspects of identical plans that differ from the
659 previously reviewed and approved building plans.
660 [(35)] (36) "Noncomplying structure" means a structure that:
661 (a) legally existed before its current land use designation; and
662 (b) because of one or more subsequent land use ordinance changes, does not conform
663 to the setback, height restrictions, or other regulations, excluding those regulations that govern
664 the use of land.
665 [(36)] (37) "Nonconforming use" means a use of land that:
666 (a) legally existed before its current land use designation;
667 (b) has been maintained continuously since the time the land use ordinance regulation
668 governing the land changed; and
669 (c) because of one or more subsequent land use ordinance changes, does not conform
670 to the regulations that now govern the use of the land.
671 [(37)] (38) "Official map" means a map drawn by county authorities and recorded in
672 the county recorder's office that:
673 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
674 highways and other transportation facilities;
675 (b) provides a basis for restricting development in designated rights-of-way or between
676 designated setbacks to allow the government authorities time to purchase or otherwise reserve

677 the land; and
678 (c) has been adopted as an element of the county's general plan.
679 [(38)] (39) "Person" means an individual, corporation, partnership, organization,
680 association, trust, governmental agency, or any other legal entity.
681 [(39)] (40) "Plan for moderate income housing" means a written document adopted by
682 a county legislative body that includes:
683 (a) an estimate of the existing supply of moderate income housing located within the
684 county;
685 (b) an estimate of the need for moderate income housing in the county for the next five
686 years as revised biennially;
687 (c) a survey of total residential land use;
688 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
689 income housing; and
690 (e) a description of the county's program to encourage an adequate supply of moderate
691 income housing.
692 [(40)] (41) "Plat" means a map or other graphical representation of lands being laid out
693 and prepared in accordance with Section 17-27a-603 , 17-23-17 , or 57-8-13 .
694 [(41)] (42) "Potential geologic hazard area" means an area that:
695 (a) is designated by a Utah Geological Survey map, county geologist map, or other
696 relevant map or report as needing further study to determine the area's potential for geologic
697 hazard; or
698 (b) has not been studied by the Utah Geological Survey or a county geologist but
699 presents the potential of geologic hazard because the area has characteristics similar to those of
700 a designated geologic hazard area.
701 [(42)] (43) "Public agency" means:
702 (a) the federal government;
703 (b) the state;
704 (c) a county, municipality, school district, local district, special service district, or other
705 political subdivision of the state; or
706 (d) a charter school.
707 [(43)] (44) "Public hearing" means a hearing at which members of the public are

708 provided a reasonable opportunity to comment on the subject of the hearing.
709 [(44)] (45) "Public meeting" means a meeting that is required to be open to the public
710 under Title 52, Chapter 4, Open and Public Meetings Act.
711 [(45)] (46) "Receiving zone" means an unincorporated area of a county that the county
712 designates, by ordinance, as an area in which an owner of land may receive a transferable
713 development right.
714 [(46)] (47) "Record of survey map" means a map of a survey of land prepared in
715 accordance with Section 17-23-17 .
716 [(47)] (48) "Residential facility for elderly persons" means a single-family or
717 multiple-family dwelling unit that meets the requirements of Section 17-27a-515 , but does not
718 include a health care facility as defined by Section 26-21-2 .
719 [(48)] (49) "Residential facility for persons with a disability" means a residence:
720 (a) in which more than one person with a disability resides; and
721 (b) (i) is licensed or certified by the Department of Human Services under Title 62A,
722 Chapter 2, Licensure of Programs and Facilities; or
723 (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
724 Health Care Facility Licensing and Inspection Act.
725 [(49)] (50) "Rules of order and procedure" means a set of rules that govern and
726 prescribe in a public meeting:
727 (a) parliamentary order and procedure;
728 (b) ethical behavior; and
729 (c) civil discourse.
730 [(50)] (51) "Sanitary sewer authority" means the department, agency, or public entity
731 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
732 wastewater systems.
733 [(51)] (52) "Sending zone" means an unincorporated area of a county that the county
734 designates, by ordinance, as an area from which an owner of land may transfer a transferable
735 development right.
736 [(52)] (53) "Specified public agency" means:
737 (a) the state;
738 (b) a school district; or

739 (c) a charter school.
740 [(53)] (54) "Specified public utility" means an electrical corporation, gas corporation,
741 or telephone corporation, as those terms are defined in Section 54-2-1 .
742 [(54)] (55) "State" includes any department, division, or agency of the state.
743 [(55)] (45) "Street" means a public right-of-way, including a highway, avenue,
744 boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement,
745 or other way.
746 [(56)] (57) (a) "Subdivision" means any land that is divided, resubdivided or proposed
747 to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
748 purpose, whether immediate or future, for offer, sale, lease, or development either on the
749 installment plan or upon any and all other plans, terms, and conditions.
750 (b) "Subdivision" includes:
751 (i) the division or development of land whether by deed, metes and bounds description,
752 devise and testacy, map, plat, or other recorded instrument; and
753 (ii) except as provided in Subsection [(56)] (57)(c), divisions of land for residential and
754 nonresidential uses, including land used or to be used for commercial, agricultural, and
755 industrial purposes.
756 (c) "Subdivision" does not include:
757 (i) a bona fide division or partition of agricultural land for agricultural purposes;
758 (ii) a recorded agreement between owners of adjoining properties adjusting their
759 mutual boundary if:
760 (A) no new lot is created; and
761 (B) the adjustment does not violate applicable land use ordinances;
762 (iii) a recorded document, executed by the owner of record:
763 (A) revising the legal description of more than one contiguous unsubdivided parcel of
764 property into one legal description encompassing all such parcels of property; or
765 (B) joining a subdivided parcel of property to another parcel of property that has not
766 been subdivided, if the joinder does not violate applicable land use ordinances;
767 (iv) a bona fide division or partition of land in a county other than a first class county
768 for the purpose of siting, on one or more of the resulting separate parcels:
769 (A) an electrical transmission line or a substation;

770 (B) a natural gas pipeline or a regulation station; or
771 (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
772 utility service regeneration, transformation, retransmission, or amplification facility;
773 (v) a recorded agreement between owners of adjoining subdivided properties adjusting
774 their mutual boundary if:
775 (A) no new dwelling lot or housing unit will result from the adjustment; and
776 (B) the adjustment will not violate any applicable land use ordinance; or
777 (vi) a bona fide division or partition of land by deed or other instrument where the land
778 use authority expressly approves in writing the division in anticipation of further land use
779 approvals on the parcel or parcels.
780 (d) The joining of a subdivided parcel of property to another parcel of property that has
781 not been subdivided does not constitute a subdivision under this Subsection (56) as to the
782 unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
783 ordinance.
784 [(57)] (58) "Therapeutic school" means a residential group living facility:
785 (a) for four or more individuals who are not related to:
786 (i) the owner of the facility; or
787 (ii) the primary service provider of the facility;
788 (b) that serves students who have a history of failing to function:
789 (i) at home;
790 (ii) in a public school; or
791 (iii) in a nonresidential private school; and
792 (c) that offers:
793 (i) room and board; and
794 (ii) an academic education integrated with:
795 (A) specialized structure and supervision; or
796 (B) services or treatment related to a disability, an emotional development, a
797 behavioral development, a familial development, or a social development.
798 [(58)] (59) "Township" means a contiguous, geographically defined portion of the
799 unincorporated area of a county, established under this part or reconstituted or reinstated under
800 Section 17-27a-306 , with planning and zoning functions as exercised through the township

801 planning commission, as provided in this chapter, but with no legal or political identity
802 separate from the county and no taxing authority, except that "township" means a former
803 township under Laws of Utah 1996, Chapter 308, where the context so indicates.
804 [(59)] (60) "Transferable development right" means a right to develop and use land that
805 originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
806 land use rights from a designated sending zone to a designated receiving zone.
807 [(60)] (61) "Unincorporated" means the area outside of the incorporated area of a
808 municipality.
809 [(61)] (62) "Water interest" means any right to the beneficial use of water, including:
810 (a) each of the rights listed in Section 73-1-11 ; and
811 (b) an ownership interest in the right to the beneficial use of water represented by:
812 (i) a contract; or
813 (ii) a share in a water company, as defined in Section 73-3-3.5 .
814 [(62)] (63) "Zoning map" means a map, adopted as part of a land use ordinance, that
815 depicts land use zones, overlays, or districts.
816 Section 8. Section 17-27a-205 is amended to read:
817 17-27a-205. Notice of public hearings and public meetings on adoption or
818 modification of land use ordinance.
819 (1) Each county shall give:
820 (a) notice of the date, time, and place of the first public hearing to consider the
821 adoption or modification of a land use ordinance; and
822 (b) notice of each public meeting on the subject.
823 (2) [Each] Except as provided in Section 17-27a-213 , each notice of a public hearing
824 under Subsection (1)(a) shall be:
825 (a) mailed to each affected entity at least 10 calendar days before the public hearing;
826 (b) posted:
827 (i) in at least three public locations within the county; or
828 (ii) on the county's official website; and
829 (c) (i) published:
830 (A) in a newspaper of general circulation in the area at least 10 calendar days before
831 the public hearing; and

832 (B) on the Utah Public Notice Website created in Section 63F-1-701 , at least 10
833 calendar days before the public hearing; or
834 (ii) mailed at least 10 days before the public hearing to:
835 (A) each property owner whose land is directly affected by the land use ordinance
836 change; and
837 (B) each adjacent property owner within the parameters specified by county ordinance.
838 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
839 before the hearing and shall be posted:
840 (a) in at least three public locations within the county; or
841 (b) on the county's official website.
842 Section 9. Section 17-27a-213 is enacted to read:
843 17-27a-213. Notice and hearing for proposed zoning change.
844 (1) (a) Subject to Subsection (1)(b), if a planning commission prepares a zoning map or
845 map amendment, and before recommending the zoning map or map amendment to the
846 legislative body in accordance with Sections 17-27a-302 and 17-27a-502 , the planning
847 commission shall send written notice to each owner of private real property whose property is
848 located entirely or partially within the proposed map or amendment.
849 (b) (i) This section applies if the zoning map or map amendment is proposed by the
850 county.
851 (ii) If the zoning map or map amendment is proposed by a person or entity other than
852 the county, the notice requirements for a land use ordinance in Section 17-27a-205 shall apply.
853 (2) The written notice shall:
854 (a) identify, with specificity, the owner's real property that will be affected by the
855 proposed zoning map or map amendment;
856 (b) state the current zone in which the real property is located;
857 (c) state the proposed new zone for the real property, including proposed regulations,
858 prohibitions, and permitted uses, that the property will be subject to if the zoning map or map
859 amendment is adopted;
860 (d) (i) state that the owner of real property may no later than 60 days after the day of
861 the public hearing described in Section 17-27a-502 file a protest to the inclusion of the owner's
862 property in the proposed zoning map or map amendment; and

863 (ii) state the date of the protest filing deadline;
864 (e) state the address of where the protest should be filed with the planning commission;
865 (f) notify the property owner that if adequate protests are filed with the planning
866 commission, the commission may not recommend and the legislative H. body .H may
866a not adopt the zoning
867 map or map amendment; and
868 (g) state the location, date, and time of the public hearing described in Section
869 17-27a-502 .
870 (3) The planning commission shall mail the notice at least 10 calendar days before the
871 public hearing, first class, postage prepaid, to each owner of record according to the records of
872 the county recorder of private real property located within the proposed zoning map or map
873 amendment.
874 (4) In addition to the written notice required in Subsection (2), the planning
875 commission shall give notice in accordance with Subsections 17-27a-205 (2)(b) and (c)(i).
876 Section 10. Section 17-27a-502 is amended to read:
877 17-27a-502. Preparation and adoption of land use ordinance or zoning map.
878 (1) The planning commission shall:
879 (a) provide notice as required by Subsection 17-27a-205 (1)(a) for a proposed land use
880 ordinance other than a zoning map or map amendment or Section 17-27a-213 for a proposed
881 zoning map or map amendment;
882 (b) hold a public hearing on a proposed land use ordinance or zoning map; and
883 (c) except as provided in Subsection (2), prepare and recommend to the legislative
884 body a proposed land use ordinance or ordinances and zoning map that represent the planning
885 commission's recommendation for regulating the use and development of land within all or any
886 part of the unincorporated area of the county.
887 (2) If adequate protests are filed in accordance with Section 17-27a-502.5 to a zoning
888 map or map amendment proposed by the county:
889 (a) the planning commission may not recommend to the legislative body the zoning
890 map or map amendment; and
891 (b) the legislative body may not consider or adopt the proposed zoning map or map
892 amendment under Subsection (3).
893 [(2)] (3) The county legislative body shall consider each proposed land use ordinance

894 and zoning map recommended to it by the planning commission, and, after providing notice as
895 required by Subsection 17-27a-205 (1)(b) and holding a public meeting, the legislative body
896 may adopt or reject the proposed ordinance or map either as proposed by the planning
897 commission or after making any revision the county legislative body considers appropriate.
898 Section 11. Section 17-27a-502.5 is enacted to read:
899 17-27a-502.5. Zoning protests.
900 (1) (a) An owner of property that is included in a zoning map or map amendment
901 proposed by the county may, within the time specified in the notice under Section 17-27a-213 ,
902 file a written protest against the inclusion of all or a part of the owner's property in the zoning
903 map or map amendment.
904 (b) A property owner may not protest a zoning map or map amendment if:
905 (i) the map or amendment is proposed by a person or entity other than the county; and
906 (ii) the owner's property is not included in the zoning map or map amendment.
907 (2) A protest under Subsection (2) shall describe or otherwise identify the property
908 owned by the person filing the protest.
909 (3) An owner may withdraw a protest at any time before the expiration of the 60-day
910 period.
911 (4) The failure of an owner of property within the proposed zoning map or map
912 amendment to file a timely written protest constitutes a waiver of any objection to:
913 (a) adoption of the zoning map or map amendment; or
914 (b) the inclusion on the owner's property within the zone.

[Bill Documents]