1     
LAND USE AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Schultz

5     
Senate Sponsor: J. Stuart Adams

6     

7     LONG TITLE
8     General Description:
9          This bill modifies county and municipal land use provisions.
10     Highlighted Provisions:
11          This bill:
12          ▸     enacts and modifies definitions applicable to county and municipal land use
13     provisions;
14          ▸     addresses a provision relating to the imposition of stricter requirements or higher
15     standards than required by state law;
16          ▸     enacts a provision directing a land use authority on how to interpret and apply land
17     use regulations and specifying the nature of a land use authority's land use decision;
18          ▸     addresses provisions relating to the preparation, recommendation, and enactment of
19     land use regulations;
20          ▸     addresses a provision relating to the authority to adopt and amend land use
21     regulations; and
22          ▸     addresses provisions relating to appeals of land use decisions.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          10-9a-103, as last amended by Laws of Utah 2015, Chapter 327

30          10-9a-104, as last amended by Laws of Utah 2013, Chapter 309
31          10-9a-205, as last amended by Laws of Utah 2013, Chapter 324
32          10-9a-302, as renumbered and amended by Laws of Utah 2005, Chapter 254
33          10-9a-501, as last amended by Laws of Utah 2006, Chapter 240
34          10-9a-502, as last amended by Laws of Utah 2013, Chapter 324
35          10-9a-503, as last amended by Laws of Utah 2016, Chapter 404
36          10-9a-509, as last amended by Laws of Utah 2014, Chapter 136
37          10-9a-707, as enacted by Laws of Utah 2005, Chapter 254
38          10-9a-801, as last amended by Laws of Utah 2007, Chapters 306 and 363
39          11-36a-504, as enacted by Laws of Utah 2011, Chapter 47
40          17-27a-103, as last amended by Laws of Utah 2015, Chapters 327, 352, and 465
41          17-27a-104, as last amended by Laws of Utah 2013, Chapter 309
42          17-27a-205, as last amended by Laws of Utah 2014, Chapter 189
43          17-27a-302, as last amended by Laws of Utah 2015, Chapters 352 and 465
44          17-27a-501, as last amended by Laws of Utah 2006, Chapter 240
45          17-27a-502, as last amended by Laws of Utah 2015, Chapter 465
46          17-27a-503, as renumbered and amended by Laws of Utah 2005, Chapter 254
47          17-27a-508, as last amended by Laws of Utah 2014, Chapter 136
48          17-27a-707, as enacted by Laws of Utah 2005, Chapter 254
49          17-27a-801, as last amended by Laws of Utah 2007, Chapters 306 and 363
50          17C-1-104, as enacted by Laws of Utah 2006, Chapter 359
51          63I-2-217, as last amended by Laws of Utah 2016, Chapters 348 and 411
52     ENACTS:
53          10-9a-306, Utah Code Annotated 1953
54          17-27a-308, Utah Code Annotated 1953
55     

56     Be it enacted by the Legislature of the state of Utah:
57          Section 1. Section 10-9a-103 is amended to read:

58          10-9a-103. Definitions.
59          As used in this chapter:
60          (1) "Affected entity" means a county, municipality, local district, special service
61     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
62     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
63     public utility, property owner, property owners association, or the Utah Department of
64     Transportation, if:
65          (a) the entity's services or facilities are likely to require expansion or significant
66     modification because of an intended use of land;
67          (b) the entity has filed with the municipality a copy of the entity's general or long-range
68     plan; or
69          (c) the entity has filed with the municipality a request for notice during the same
70     calendar year and before the municipality provides notice to an affected entity in compliance
71     with a requirement imposed under this chapter.
72          (2) "Appeal authority" means the person, board, commission, agency, or other body
73     designated by ordinance to decide an appeal of a decision of a land use application or a
74     variance.
75          (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
76     residential property if the sign is designed or intended to direct attention to a business, product,
77     or service that is not sold, offered, or existing on the property where the sign is located.
78          (4) (a) "Charter school" means:
79          (i) an operating charter school;
80          (ii) a charter school applicant that has its application approved by a charter school
81     authorizer in accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; or
82          (iii) an entity that is working on behalf of a charter school or approved charter
83     applicant to develop or construct a charter school building.
84          (b) "Charter school" does not include a therapeutic school.
85          (5) "Conditional use" means a land use that, because of its unique characteristics or

86     potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
87     compatible in some areas or may be compatible only if certain conditions are required that
88     mitigate or eliminate the detrimental impacts.
89          (6) "Constitutional taking" means a governmental action that results in a taking of
90     private property so that compensation to the owner of the property is required by the:
91          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
92          (b) Utah Constitution Article I, Section 22.
93          (7) "Culinary water authority" means the department, agency, or public entity with
94     responsibility to review and approve the feasibility of the culinary water system and sources for
95     the subject property.
96          (8) "Development activity" means:
97          (a) any construction or expansion of a building, structure, or use that creates additional
98     demand and need for public facilities;
99          (b) any change in use of a building or structure that creates additional demand and need
100     for public facilities; or
101          (c) any change in the use of land that creates additional demand and need for public
102     facilities.
103          (9) (a) "Disability" means a physical or mental impairment that substantially limits one
104     or more of a person's major life activities, including a person having a record of such an
105     impairment or being regarded as having such an impairment.
106          (b) "Disability" does not include current illegal use of, or addiction to, any federally
107     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
108     802.
109          (10) "Educational facility":
110          (a) means:
111          (i) a school district's building at which pupils assemble to receive instruction in a
112     program for any combination of grades from preschool through grade 12, including
113     kindergarten and a program for children with disabilities;

114          (ii) a structure or facility:
115          (A) located on the same property as a building described in Subsection (10)(a)(i); and
116          (B) used in support of the use of that building; and
117          (iii) a building to provide office and related space to a school district's administrative
118     personnel; and
119          (b) does not include:
120          (i) land or a structure, including land or a structure for inventory storage, equipment
121     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
122          (A) not located on the same property as a building described in Subsection (10)(a)(i);
123     and
124          (B) used in support of the purposes of a building described in Subsection (10)(a)(i); or
125          (ii) a therapeutic school.
126          (11) "Fire authority" means the department, agency, or public entity with responsibility
127     to review and approve the feasibility of fire protection and suppression services for the subject
128     property.
129          (12) "Flood plain" means land that:
130          (a) is within the 100-year flood plain designated by the Federal Emergency
131     Management Agency; or
132          (b) has not been studied or designated by the Federal Emergency Management Agency
133     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
134     the land has characteristics that are similar to those of a 100-year flood plain designated by the
135     Federal Emergency Management Agency.
136          (13) "General plan" means a document that a municipality adopts that sets forth general
137     guidelines for proposed future development of the land within the municipality.
138          (14) "Geologic hazard" means:
139          (a) a surface fault rupture;
140          (b) shallow groundwater;
141          (c) liquefaction;

142          (d) a landslide;
143          (e) a debris flow;
144          (f) unstable soil;
145          (g) a rock fall; or
146          (h) any other geologic condition that presents a risk:
147          (i) to life;
148          (ii) of substantial loss of real property; or
149          (iii) of substantial damage to real property.
150          (15) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
151     meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other
152     utility system.
153          (16) "Identical plans" means building plans submitted to a municipality that:
154          (a) are clearly marked as "identical plans";
155          (b) are substantially identical to building plans that were previously submitted to and
156     reviewed and approved by the municipality; and
157          (c) describe a building that:
158          (i) is located on land zoned the same as the land on which the building described in the
159     previously approved plans is located;
160          (ii) is subject to the same geological and meteorological conditions and the same law
161     as the building described in the previously approved plans;
162          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
163     and approved by the municipality; and
164          (iv) does not require any additional engineering or analysis.
165          (17) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
166     Impact Fees Act.
167          (18) "Improvement completion assurance" means a surety bond, letter of credit,
168     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
169     by a municipality to guaranty the proper completion of landscaping or an infrastructure

170     improvement required as a condition precedent to:
171          (a) recording a subdivision plat; or
172          (b) development of a commercial, industrial, mixed use, or multifamily project.
173          (19) "Improvement warranty" means an applicant's unconditional warranty that the
174     applicant's installed and accepted landscaping or infrastructure improvement:
175          (a) complies with the municipality's written standards for design, materials, and
176     workmanship; and
177          (b) will not fail in any material respect, as a result of poor workmanship or materials,
178     within the improvement warranty period.
179          (20) "Improvement warranty period" means a period:
180          (a) no later than one year after a municipality's acceptance of required landscaping; or
181          (b) no later than one year after a municipality's acceptance of required infrastructure,
182     unless the municipality:
183          (i) determines for good cause that a one-year period would be inadequate to protect the
184     public health, safety, and welfare; and
185          (ii) has substantial evidence, on record:
186          (A) of prior poor performance by the applicant; or
187          (B) that the area upon which the infrastructure will be constructed contains suspect soil
188     and the municipality has not otherwise required the applicant to mitigate the suspect soil.
189          (21) "Infrastructure improvement" means permanent infrastructure that an applicant
190     must install:
191          (a) pursuant to published installation and inspection specifications for public
192     improvements; and
193          (b) as a condition of:
194          (i) recording a subdivision plat; or
195          (ii) development of a commercial, industrial, mixed use, condominium, or multifamily
196     project.
197          (22) "Internal lot restriction" means a platted note, platted demarcation, or platted

198     designation that:
199          (a) runs with the land; and
200          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
201     the plat; or
202          (ii) designates a development condition that is enclosed within the perimeter of a lot
203     described on the plat.
204          (23) "Land use applicant" means a property owner, or the property owner's designee,
205     who submits a land use application regarding the property owner's land.
206          [(23)] (24) "Land use application":
207          (a) means an application that is:
208          (i) required by a [municipality's land use ordinance.] municipality; and
209          (ii) submitted by a land use applicant to obtain a land use decision; and
210          (b) does not mean an application to enact, amend, or repeal a land use regulation.
211          [(24)] (25) "Land use authority" means:
212          (a) a person, board, commission, agency, or body, including the local legislative body,
213     designated by the local legislative body to act upon a land use application; or
214          (b) if the local legislative body has not designated a person, board, commission,
215     agency, or body, the local legislative body.
216          [(25) "Land use ordinance" means a planning, zoning, development, or subdivision
217     ordinance of the municipality, but does not include the general plan.]
218          (26) "Land use decision" means a final action of a land use authority or appeal
219     authority regarding:
220          (a) a land use permit;
221          (b) a land use application; or
222          (c) the enforcement of a land use regulation, land use permit, or development
223     agreement.
224          [(26)] (27) "Land use permit" means a permit issued by a land use authority.
225          (28) "Land use regulation":

226          (a) means an ordinance, law, code, map, resolution, specification, fee, or rule that
227     governs the use or development of land; and
228          (b) does not include:
229          (i) a general plan;
230          (ii) a land use decision of the legislative body acting as the land use authority, even if
231     the decision is expressed in a resolution or ordinance; or
232          (iii) a temporary revision to an engineering specification that does not materially:
233          (A) increase a land use applicant's cost of development compared to the existing
234     specification; or
235          (B) impact a land use applicant's use of land.
236          [(27)] (29) "Legislative body" means the municipal council.
237          [(28)] (30) "Local district" means an entity under Title 17B, Limited Purpose Local
238     Government Entities - Local Districts, and any other governmental or quasi-governmental
239     entity that is not a county, municipality, school district, or the state.
240          [(29)] (31) "Lot line adjustment" means the relocation of the property boundary line in
241     a subdivision between two adjoining lots with the consent of the owners of record.
242          [(30)] (32) "Moderate income housing" means housing occupied or reserved for
243     occupancy by households with a gross household income equal to or less than 80% of the
244     median gross income for households of the same size in the county in which the city is located.
245          [(31)] (33) "Nominal fee" means a fee that reasonably reimburses a municipality only
246     for time spent and expenses incurred in:
247          (a) verifying that building plans are identical plans; and
248          (b) reviewing and approving those minor aspects of identical plans that differ from the
249     previously reviewed and approved building plans.
250          [(32)] (34) "Noncomplying structure" means a structure that:
251          (a) legally existed before its current land use designation; and
252          (b) because of one or more subsequent land use ordinance changes, does not conform
253     to the setback, height restrictions, or other regulations, excluding those regulations, which

254     govern the use of land.
255          [(33)] (35) "Nonconforming use" means a use of land that:
256          (a) legally existed before its current land use designation;
257          (b) has been maintained continuously since the time the land use ordinance governing
258     the land changed; and
259          (c) because of one or more subsequent land use ordinance changes, does not conform
260     to the regulations that now govern the use of the land.
261          [(34)] (36) "Official map" means a map drawn by municipal authorities and recorded in
262     a county recorder's office that:
263          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
264     highways and other transportation facilities;
265          (b) provides a basis for restricting development in designated rights-of-way or between
266     designated setbacks to allow the government authorities time to purchase or otherwise reserve
267     the land; and
268          (c) has been adopted as an element of the municipality's general plan.
269          [(35)] (37) "Parcel boundary adjustment" means a recorded agreement between owners
270     of adjoining properties adjusting their mutual boundary if:
271          (a) no additional parcel is created; and
272          (b) each property identified in the agreement is unsubdivided land, including a
273     remainder of subdivided land.
274          [(36)] (38) "Person" means an individual, corporation, partnership, organization,
275     association, trust, governmental agency, or any other legal entity.
276          [(37)] (39) "Plan for moderate income housing" means a written document adopted by
277     a city legislative body that includes:
278          (a) an estimate of the existing supply of moderate income housing located within the
279     city;
280          (b) an estimate of the need for moderate income housing in the city for the next five
281     years as revised biennially;

282          (c) a survey of total residential land use;
283          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
284     income housing; and
285          (e) a description of the city's program to encourage an adequate supply of moderate
286     income housing.
287          [(38)] (40) "Plat" means a map or other graphical representation of lands being laid out
288     and prepared in accordance with Section 10-9a-603, 17-23-17, or 57-8-13.
289          [(39)] (41) "Potential geologic hazard area" means an area that:
290          (a) is designated by a Utah Geological Survey map, county geologist map, or other
291     relevant map or report as needing further study to determine the area's potential for geologic
292     hazard; or
293          (b) has not been studied by the Utah Geological Survey or a county geologist but
294     presents the potential of geologic hazard because the area has characteristics similar to those of
295     a designated geologic hazard area.
296          [(40)] (42) "Public agency" means:
297          (a) the federal government;
298          (b) the state;
299          (c) a county, municipality, school district, local district, special service district, or other
300     political subdivision of the state; or
301          (d) a charter school.
302          [(41)] (43) "Public hearing" means a hearing at which members of the public are
303     provided a reasonable opportunity to comment on the subject of the hearing.
304          [(42)] (44) "Public meeting" means a meeting that is required to be open to the public
305     under Title 52, Chapter 4, Open and Public Meetings Act.
306          [(43)] (45) "Receiving zone" means an area of a municipality that the municipality
307     designates, by ordinance, as an area in which an owner of land may receive a transferable
308     development right.
309          [(44)] (46) "Record of survey map" means a map of a survey of land prepared in

310     accordance with Section 17-23-17.
311          [(45)] (47) "Residential facility for persons with a disability" means a residence:
312          (a) in which more than one person with a disability resides; and
313          (b) (i) which is licensed or certified by the Department of Human Services under Title
314     62A, Chapter 2, Licensure of Programs and Facilities; or
315          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
316     21, Health Care Facility Licensing and Inspection Act.
317          [(46)] (48) "Rules of order and procedure" means a set of rules that govern and
318     prescribe in a public meeting:
319          (a) parliamentary order and procedure;
320          (b) ethical behavior; and
321          (c) civil discourse.
322          [(47)] (49) "Sanitary sewer authority" means the department, agency, or public entity
323     with responsibility to review and approve the feasibility of sanitary sewer services or onsite
324     wastewater systems.
325          [(48)] (50) "Sending zone" means an area of a municipality that the municipality
326     designates, by ordinance, as an area from which an owner of land may transfer a transferable
327     development right.
328          [(49)] (51) "Specified public agency" means:
329          (a) the state;
330          (b) a school district; or
331          (c) a charter school.
332          [(50)] (52) "Specified public utility" means an electrical corporation, gas corporation,
333     or telephone corporation, as those terms are defined in Section 54-2-1.
334          [(51)] (53) "State" includes any department, division, or agency of the state.
335          [(52)] (54) "Street" means a public right-of-way, including a highway, avenue,
336     boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement,
337     or other way.

338          [(53)] (55) (a) "Subdivision" means any land that is divided, resubdivided or proposed
339     to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
340     purpose, whether immediate or future, for offer, sale, lease, or development either on the
341     installment plan or upon any and all other plans, terms, and conditions.
342          (b) "Subdivision" includes:
343          (i) the division or development of land whether by deed, metes and bounds description,
344     devise and testacy, map, plat, or other recorded instrument; and
345          (ii) except as provided in Subsection [(53)] (55)(c), divisions of land for residential and
346     nonresidential uses, including land used or to be used for commercial, agricultural, and
347     industrial purposes.
348          (c) "Subdivision" does not include:
349          (i) a bona fide division or partition of agricultural land for the purpose of joining one of
350     the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
351     neither the resulting combined parcel nor the parcel remaining from the division or partition
352     violates an applicable land use ordinance;
353          (ii) a recorded agreement between owners of adjoining unsubdivided properties
354     adjusting their mutual boundary if:
355          (A) no new lot is created; and
356          (B) the adjustment does not violate applicable land use ordinances;
357          (iii) a recorded document, executed by the owner of record:
358          (A) revising the legal description of more than one contiguous unsubdivided parcel of
359     property into one legal description encompassing all such parcels of property; or
360          (B) joining a subdivided parcel of property to another parcel of property that has not
361     been subdivided, if the joinder does not violate applicable land use ordinances;
362          (iv) a recorded agreement between owners of adjoining subdivided properties adjusting
363     their mutual boundary if:
364          (A) no new dwelling lot or housing unit will result from the adjustment; and
365          (B) the adjustment will not violate any applicable land use ordinance;

366          (v) a bona fide division or partition of land by deed or other instrument where the land
367     use authority expressly approves in writing the division in anticipation of further land use
368     approvals on the parcel or parcels; or
369          (vi) a parcel boundary adjustment.
370          (d) The joining of a subdivided parcel of property to another parcel of property that has
371     not been subdivided does not constitute a subdivision under this Subsection [(53)] (55) as to
372     the unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
373     subdivision ordinance.
374          [(54)] (56) "Suspect soil" means soil that has:
375          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
376     3% swell potential;
377          (b) bedrock units with high shrink or swell susceptibility; or
378          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
379     commonly associated with dissolution and collapse features.
380          [(55)] (57) "Therapeutic school" means a residential group living facility:
381          (a) for four or more individuals who are not related to:
382          (i) the owner of the facility; or
383          (ii) the primary service provider of the facility;
384          (b) that serves students who have a history of failing to function:
385          (i) at home;
386          (ii) in a public school; or
387          (iii) in a nonresidential private school; and
388          (c) that offers:
389          (i) room and board; and
390          (ii) an academic education integrated with:
391          (A) specialized structure and supervision; or
392          (B) services or treatment related to a disability, an emotional development, a
393     behavioral development, a familial development, or a social development.

394          [(56)] (58) "Transferable development right" means a right to develop and use land that
395     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
396     land use rights from a designated sending zone to a designated receiving zone.
397          [(57)] (59) "Unincorporated" means the area outside of the incorporated area of a city
398     or town.
399          [(58)] (60) "Water interest" means any right to the beneficial use of water, including:
400          (a) each of the rights listed in Section 73-1-11; and
401          (b) an ownership interest in the right to the beneficial use of water represented by:
402          (i) a contract; or
403          (ii) a share in a water company, as defined in Section 73-3-3.5.
404          [(59)] (61) "Zoning map" means a map, adopted as part of a land use ordinance, that
405     depicts land use zones, overlays, or districts.
406          Section 2. Section 10-9a-104 is amended to read:
407          10-9a-104. Stricter requirements or higher standards.
408          (1) Except as provided in Subsection (2), a municipality may enact [an ordinance] a
409     land use regulation imposing stricter requirements or higher standards than are required by this
410     chapter.
411          (2) A municipality may not impose [stricter requirements or higher standards than are
412     required by:] a requirement or standard that conflicts with a provision of this chapter, other
413     state law, or federal law.
414          [(a) Section 10-9a-305; and]
415          [(b) Section 10-9a-514.]
416          Section 3. Section 10-9a-205 is amended to read:
417          10-9a-205. Notice of public hearings and public meetings on adoption or
418     modification of land use regulation.
419          (1) Each municipality shall give:
420          (a) notice of the date, time, and place of the first public hearing to consider the
421     adoption or any modification of a land use [ordinance] regulation; and

422          (b) notice of each public meeting on the subject.
423          (2) Each notice of a public hearing under Subsection (1)(a) shall be:
424          (a) mailed to each affected entity at least 10 calendar days before the public hearing;
425          (b) posted:
426          (i) in at least three public locations within the municipality; or
427          (ii) on the municipality's official website; and
428          (c) (i) (A) published in a newspaper of general circulation in the area at least 10
429     calendar days before the public hearing; and
430          (B) published on the Utah Public Notice Website created in Section 63F-1-701, at least
431     10 calendar days before the public hearing; or
432          (ii) mailed at least 10 days before the public hearing to:
433          (A) each property owner whose land is directly affected by the land use ordinance
434     change; and
435          (B) each adjacent property owner within the parameters specified by municipal
436     ordinance.
437          (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
438     before the meeting and shall be posted:
439          (a) in at least three public locations within the municipality; or
440          (b) on the municipality's official website.
441          (4) (a) [If a municipality plans to hold a public hearing in accordance with Section
442     10-9a-502 to adopt a zoning map or map amendment, the] A municipality shall send a courtesy
443     notice to each owner of private real property whose property is located entirely or partially
444     within [the] a proposed zoning map enactment or amendment at least 10 days [prior to] before
445     the scheduled day of the public hearing.
446          (b) The notice shall:
447          (i) identify with specificity each owner of record of real property that will be affected
448     by the proposed zoning map or map amendments;
449          (ii) state the current zone in which the real property is located;

450          (iii) state the proposed new zone for the real property;
451          (iv) provide information regarding or a reference to the proposed regulations,
452     prohibitions, and permitted uses that the property will be subject to if the zoning map or map
453     amendment is adopted;
454          (v) state that the owner of real property may no later than 10 days after the day of the
455     first public hearing file a written objection to the inclusion of the owner's property in the
456     proposed zoning map or map amendment;
457          (vi) state the address where the property owner should file the protest;
458          (vii) notify the property owner that each written objection filed with the municipality
459     will be provided to the municipal legislative body; and
460          (viii) state the location, date, and time of the public hearing described in Section
461     10-9a-502.
462          (c) If a municipality mails notice to a property owner in accordance with Subsection
463     (2)(c)(ii) for a public hearing on a zoning map or map amendment, the notice required in this
464     Subsection (4) may be included in or part of the notice described in Subsection (2)(c)(ii) rather
465     than sent separately.
466          Section 4. Section 10-9a-302 is amended to read:
467     
Part 3. General Land Use Provisions

468          10-9a-302. Planning commission powers and duties.
469          The planning commission shall make a recommendation to the legislative body for:
470          (1) a general plan and amendments to the general plan;
471          (2) land use [ordinances, zoning maps, official maps, and amendments] regulations;
472          (3) an appropriate delegation of power to at least one designated land use authority to
473     hear and act on a land use application;
474          (4) an appropriate delegation of power to at least one appeal authority to hear and act
475     on an appeal from a decision of the land use authority; and
476          (5) application processes that:
477          (a) may include a designation of routine land use matters that, upon application and

478     proper notice, will receive informal streamlined review and action if the application is
479     uncontested; and
480          (b) shall protect the right of each:
481          (i) applicant and third party to require formal consideration of any application by a land
482     use authority;
483          (ii) applicant, adversely affected party, or municipal officer or employee to appeal a
484     land use authority's decision to a separate appeal authority; and
485          (iii) participant to be heard in each public hearing on a contested application.
486          Section 5. Section 10-9a-306 is enacted to read:
487          10-9a-306. Land use authority requirements -- Nature of land use decision.
488          (1) A land use authority shall apply the plain language of land use regulations.
489          (2) If a land use regulation does not plainly restrict a land use application, the land use
490     authority shall interpret and apply the land use regulation to favor the land use application.
491          (3) A land use decision of a land use authority is an administrative act, even if the land
492     use authority is the legislative body.
493          Section 6. Section 10-9a-501 is amended to read:
494     
Part 5. Land Use Regulations

495          10-9a-501. Enactment of land use regulation.
496          (1) [The] Only a legislative body may enact a land use [ordinances and a zoning map]
497     regulation.
498          (2) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use
499     regulation only by ordinance.
500          (b) A legislative body may, by ordinance or resolution, enact a land use regulation that
501     imposes a fee.
502          (3) A land use regulation shall be consistent with the purposes set forth in this chapter.
503          Section 7. Section 10-9a-502 is amended to read:
504          10-9a-502. Preparation and adoption of land use regulation.
505          (1) The planning commission shall:

506          (a) provide notice as required by Subsection 10-9a-205(1)(a) and, if applicable,
507     Subsection 10-9a-205(4);
508          (b) hold a public hearing on a proposed land use [ordinance or zoning map] regulation;
509          (c) if applicable, consider each written objection filed in accordance with Subsection
510     10-9a-205(4) prior to the public hearing; and
511          (d) (i) prepare and recommend to the legislative body a proposed land use [ordinance
512     or ordinances and zoning map that represent] regulation that represents the planning
513     commission's recommendation for regulating the use and development of land within all or any
514     part of the area of the municipality; and
515          (ii) forward to the legislative body all objections filed in accordance with Subsection
516     10-9a-205(4).
517          (2) The [municipal] legislative body shall consider each proposed land use [ordinance
518     and zoning map] regulation recommended to [it] the legislative body by the planning
519     commission, and, after providing notice as required by Subsection 10-9a-205(1)(b) and holding
520     a public meeting, the legislative body may adopt or reject the [ordinance or map] land use
521     regulation either as proposed by the planning commission or after making any revision the
522     [municipal] legislative body considers appropriate.
523          Section 8. Section 10-9a-503 is amended to read:
524          10-9a-503. Zoning district or land use regulation amendments -- Historic district
525     or area.
526          (1) [The] Only a legislative body may amend:
527          (a) the number, shape, boundaries, or area of any zoning district;
528          (b) any regulation of or within the zoning district; or
529          (c) any other provision of a land use [ordinance] regulation.
530          (2) The legislative body may not make any amendment authorized by this section
531     unless the amendment was proposed by the planning commission or was first submitted to the
532     planning commission for its recommendation.
533          (3) The legislative body shall comply with the procedure specified in Section

534     10-9a-502 in preparing and adopting an amendment to a land use [ordinance or a zoning map]
535     regulation.
536          (4) (a) As used in this Subsection (4):
537          (i) "Condominium project" means the same as that term is defined in Section 57-8-3.
538          (ii) "Local historic district or area" means a geographically or thematically definable
539     area that contains any combination of buildings, structures, sites, objects, landscape features,
540     archeological sites, or works of art that contribute to the historic preservation goals of a
541     legislative body.
542          (iii) "Unit" means the same as that term is defined in Section 57-8-3.
543          (b) If a municipality provides a process by which one or more residents of the
544     municipality may initiate the creation of a local historic district or area, the process shall
545     require that:
546          (i) more than 33% of the property owners within the boundaries of the proposed local
547     historic district or area agree in writing to the creation of the proposed local historic district or
548     area;
549          (ii) before any property owner agrees to the creation of a proposed local historic district
550     or area under Subsection (4)(b)(i), the municipality prepare and distribute, to each property
551     owner within the boundaries of the proposed local historic district or area, a neutral
552     information pamphlet that:
553          (A) describes the process to create a local historic district or area; and
554          (B) lists the pros and cons of a local historic district or area;
555          (iii) after the property owners satisfy the requirement described in Subsection (4)(b)(i),
556     for each parcel or, if the parcel contains a condominium project, each unit, within the
557     boundaries of the proposed local historic district or area, the municipality provide:
558          (A) a second copy of the neutral information pamphlet described in Subsection
559     (4)(b)(ii); and
560          (B) one public support ballot that, subject to Subsection (4)(c), allows the owner or
561     owners of record to vote in favor of or against the creation of the proposed local historic district

562     or area;
563          (iv) in a vote described in Subsection (4)(b)(iii)(B), the returned public support ballots
564     that reflect a vote in favor of the creation of the proposed local historic district or area:
565          (A) equal at least two-thirds of the returned public support ballots; and
566          (B) represent more than 50% of the parcels and units within the proposed local historic
567     district or area;
568          (v) if a local historic district or area proposal fails in a vote described in Subsection
569     (4)(b)(iii)(B), the legislative body may override the vote and create the proposed local historic
570     district or area with an affirmative vote of two-thirds of the members of the legislative body;
571     and
572          (vi) if a local historic district or area proposal fails in a vote described in Subsection
573     (4)(b)(iii)(B) and the legislative body does not override the vote under Subsection (4)(b)(v), a
574     resident may not initiate the creation of a local historic district or area that includes more than
575     50% of the same property as the failed local historic district or area proposal for four years after
576     the day on which the public support ballots for the vote are due.
577          (c) In a vote described in Subsection (4)(b)(iii)(B):
578          (i) a property owner is eligible to vote regardless of whether the property owner is an
579     individual, a private entity, or a public entity;
580          (ii) the municipality shall count no more than one public support ballot for:
581          (A) each parcel within the boundaries of the proposed local historic district or area; or
582          (B) if the parcel contains a condominium project, each unit within the boundaries of
583     the proposed local historic district or area; and
584          (iii) if a parcel or unit has more than one owner of record, the municipality shall count
585     a public support ballot for the parcel or unit only if the public support ballot reflects the vote of
586     the property owners who own at least a 50% interest in the parcel or unit.
587          (d) The requirements described in Subsection (4)(b)(iv) apply to the creation of a local
588     historic district or area that is:
589          (i) initiated in accordance with a municipal process described in Subsection (4)(b); and

590          (ii) not complete on or before January 1, 2016.
591          (e) A vote described in Subsection (4)(b)(iii)(B) is not subject to Title 20A, Election
592     Code.
593          Section 9. Section 10-9a-509 is amended to read:
594          10-9a-509. Applicant's entitlement to land use application approval -- Exceptions
595     -- Application relating to land in a high priority transportation corridor -- Municipality's
596     requirements and limitations -- Vesting upon submission of development plan and
597     schedule.
598          (1) (a) (i) An applicant who has filed a complete land use application, including the
599     payment of all application fees, is entitled to substantive land use review of the land use
600     application under the land use [laws] regulations in effect on the date that the application is
601     complete and as further provided in this section.
602          (ii) Except as provided in Subsection (1)(b), an applicant is entitled to approval of a
603     land use application if the application conforms to the requirements of the municipality's land
604     use [maps, zoning map, a municipal specification for public improvements applicable to a
605     subdivision or development, and an applicable land use ordinance] regulations in effect when a
606     complete application is submitted and all application fees have been paid, unless:
607          (A) the land use authority, on the record, finds that a compelling, countervailing public
608     interest would be jeopardized by approving the application; or
609          (B) in the manner provided by local ordinance and before the application is submitted,
610     the municipality has formally initiated proceedings to amend [its ordinances] the municipality's
611     land use regulations in a manner that would prohibit approval of the application as submitted.
612          (b) (i) Except as provided in Subsection (1)(c), an applicant is not entitled to approval
613     of a land use application until the requirements of this Subsection (1)(b) have been met if the
614     land use application relates to land located within the boundaries of a high priority
615     transportation corridor designated in accordance with Section 72-5-403.
616          (ii) (A) A municipality shall notify the executive director of the Department of
617     Transportation of any land use applications that relate to land located within the boundaries of

618     a high priority transportation corridor.
619          (B) The notification under Subsection (1)(b)(ii)(A) shall be in writing and mailed by
620     certified or registered mail to the executive director of the Department of Transportation.
621          (iii) Except as provided in Subsection (1)(c), a municipality may not approve a land
622     use application that relates to land located within the boundaries of a high priority
623     transportation corridor until:
624          (A) 30 days after the notification under Subsection (1)(b)(ii)(A) is received by the
625     Department of Transportation if the land use application is for a building permit; or
626          (B) 45 days after the notification under Subsection (1)(b)(ii)(A) is received by the
627     Department of Transportation if the land use application is for any land use other than a
628     building permit.
629          (iv) (A) If an application is an application for a subdivision approval, including any
630     land, subject to Subsection (1)(b)(iv)(C), located within 100 feet of the center line of a canal,
631     the land use authority shall:
632          (I) within 30 days after the day on which the application is filed, notify the canal
633     company or canal operator responsible for the canal, if the canal company or canal operator has
634     provided information under Section 10-9a-211; and
635          (II) wait at least 10 days after the day on which the land use authority notifies a canal
636     company or canal operator under Subsection (1)(b)(iv)(A)(I) to approve or reject the
637     subdivision application described in Subsection (1)(b)(iv)(A).
638          (B) The notification under Subsection (1)(b)(iv)(A) shall be in writing and mailed by
639     certified or registered mail to the canal company or canal operator contact described in Section
640     10-9a-211.
641          (C) The location of land described in Subsection (1)(b)(iv)(A) shall be:
642          (I) provided by a canal company or canal operator to the land use authority; and
643          (II) (Aa) determined by use of mapping-grade global positioning satellite units; or
644          (Bb) digitized from the most recent aerial photo available to the canal company or
645     canal operator.

646          (c) (i) A land use application is exempt from the requirements of Subsections (1)(b)(i)
647     and (ii) if:
648          (A) the land use application relates to land that was the subject of a previous land use
649     application; and
650          (B) the previous land use application described under Subsection (1)(c)(i)(A) complied
651     with the requirements of Subsections (1)(b)(i) and (ii).
652          (ii) A municipality may approve a land use application without making the required
653     notifications under Subsection (1)(b)(ii)(A) if:
654          (A) the land use application relates to land that was the subject of a previous land use
655     application; and
656          (B) the previous land use application described under Subsection (1)(c)(ii)(A)
657     complied with the requirements of Subsections (1)(b)(i) and (ii).
658          (d) After a municipality has complied with the requirements of Subsection (1)(b) for a
659     land use application, the municipality may not withhold approval of the land use application for
660     which the applicant is otherwise entitled under Subsection (1)(a).
661          (e) The municipality shall process an application without regard to proceedings
662     initiated to amend the municipality's ordinances as provided in Subsection (1)(a)(ii)(B) if:
663          (i) 180 days have passed since the proceedings were initiated; and
664          (ii) the proceedings have not resulted in an enactment that prohibits approval of the
665     application as submitted.
666          (f) An application for a land use approval is considered submitted and complete when
667     the application is provided in a form that complies with the requirements of applicable
668     ordinances and all applicable fees have been paid.
669          (g) The continuing validity of an approval of a land use application is conditioned upon
670     the applicant proceeding after approval to implement the approval with reasonable diligence.
671          (h) A municipality may not impose on an applicant who has submitted a complete
672     application for preliminary subdivision approval a requirement that is not expressed in:
673          (i) this chapter;

674          (ii) a municipal ordinance; or
675          (iii) a municipal specification for public improvements applicable to a subdivision or
676     development that is in effect on the date that the applicant submits an application.
677          (i) A municipality may not impose on a holder of an issued land use permit or a final,
678     unexpired subdivision plat a requirement that is not expressed:
679          (i) in a land use permit;
680          (ii) on the subdivision plat;
681          (iii) in a document on which the land use permit or subdivision plat is based;
682          (iv) in the written record evidencing approval of the land use permit or subdivision
683     plat;
684          (v) in this chapter; or
685          (vi) in a municipal ordinance.
686          (j) A municipality may not withhold issuance of a certificate of occupancy or
687     acceptance of subdivision improvements because of an applicant's failure to comply with a
688     requirement that is not expressed:
689          (i) in the building permit or subdivision plat, documents on which the building permit
690     or subdivision plat is based, or the written record evidencing approval of the land use permit or
691     subdivision plat; or
692          (ii) in this chapter or the municipality's ordinances.
693          (2) A municipality is bound by the terms and standards of applicable land use
694     [ordinances] regulations and shall comply with mandatory provisions of those [ordinances]
695     regulations.
696          (3) A municipality may not, as a condition of land use application approval, require a
697     person filing a land use application to obtain documentation regarding a school district's
698     willingness, capacity, or ability to serve the development proposed in the land use application.
699          (4) Upon a specified public agency's submission of a development plan and schedule as
700     required in Subsection 10-9a-305(8) that complies with the requirements of that subsection, the
701     specified public agency vests in the municipality's applicable land use maps, zoning map,

702     hookup fees, impact fees, other applicable development fees, and land use [ordinances]
703     regulations in effect on the date of submission.
704          Section 10. Section 10-9a-707 is amended to read:
705          10-9a-707. Scope of review of factual matters on appeal -- Appeal authority
706     requirements.
707          (1) A municipality may, by ordinance, designate the [standard] scope of review of
708     factual matters for appeals of land use authority decisions.
709          (2) If the municipality fails to designate a [standard] scope of review of factual matters,
710     the appeal authority shall review the matter de novo, without deference to the land use
711     authority's determination of factual matters.
712          (3) If the scope of review of factual matters is on the record, the appeal authority shall
713     determine whether the record on appeal includes substantial evidence for each essential finding
714     of fact.
715          [(3)] (4) The appeal authority shall:
716          (a) determine the correctness of [a decision of] the land use [authority in its] authority's
717     interpretation and application of [a] the plain meaning of the land use [ordinance.] regulations;
718     and
719          (b) interpret and apply a land use regulation to favor a land use application unless the
720     land use regulation plainly restricts the land use application.
721          (5) An appeal authority's land use decision is a quasi-judicial act, even if the appeal
722     authority is the legislative body.
723          [(4)] (6) Only [those decisions] a decision in which a land use authority has applied a
724     land use [ordinance] regulation to a particular land use application, person, or parcel may be
725     appealed to an appeal authority.
726          Section 11. Section 10-9a-801 is amended to read:
727          10-9a-801. No district court review until administrative remedies exhausted --
728     Time for filing -- Tolling of time -- Standards governing court review -- Record on review
729     -- Staying of decision.

730          (1) No person may challenge in district court a [municipality's] land use decision
731     [made under this chapter, or under a regulation made under authority of this chapter,] until that
732     person has exhausted the person's administrative remedies as provided in Part 7, Appeal
733     Authority and Variances, if applicable.
734          (2) (a) Any person adversely affected by a final decision made in the exercise of or in
735     violation of the provisions of this chapter may file a petition for review of the decision with the
736     district court within 30 days after the [local land use] decision is final.
737          (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
738     property owner files a request for arbitration of a constitutional taking issue with the property
739     rights ombudsman under Section 13-43-204 until 30 days after:
740          (A) the arbitrator issues a final award; or
741          (B) the property rights ombudsman issues a written statement under Subsection
742     13-43-204(3)(b) declining to arbitrate or to appoint an arbitrator.
743          (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
744     taking issue that is the subject of the request for arbitration filed with the property rights
745     ombudsman by a property owner.
746          (iii) A request for arbitration filed with the property rights ombudsman after the time
747     under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
748          (3) (a) [The courts] A court shall:
749          (i) presume that a [decision, ordinance, or] land use regulation [made] properly enacted
750     under the authority of this chapter is valid; and
751          (ii) determine only whether [or not the decision, ordinance, or regulation is arbitrary,
752     capricious, or illegal.]:
753          [(b) A decision, ordinance, or regulation involving the exercise of legislative discretion
754     is valid if it is reasonably debatable that the decision, ordinance, or regulation promotes the
755     purposes of this chapter and is not otherwise illegal.]
756          [(c) A final decision of a land use authority or an appeal authority is valid if the
757     decision is supported by substantial evidence in the record and is not arbitrary, capricious, or

758     illegal.]
759          [(d) A determination of illegality requires a determination that the decision, ordinance,
760     or regulation violates a law, statute, or ordinance in effect at the time the decision was made or
761     the ordinance or regulation adopted.]
762          (A) the land use regulation is expressly preempted by, or was enacted contrary to, state
763     or federal law; and
764          (B) it is reasonably debatable that the land use regulation is consistent with this
765     chapter.
766          (b) A court shall:
767          (i) presume that a final decision of a land use authority or an appeal authority is valid;
768     and
769          (ii) uphold the decision unless the decision is:
770          (A) arbitrary and capricious; or
771          (B) illegal.
772          (c) (i) A decision is arbitrary and capricious unless the decision is supported by
773     substantial evidence in the record.
774          (ii) A decision is illegal if the decision is:
775          (A) based on an incorrect interpretation of a land use regulation; or
776          (B) contrary to law.
777          (4) The provisions of Subsection (2)(a) apply from the date on which the municipality
778     takes final action on a land use application for any adversely affected third party, if the
779     municipality conformed with the notice provisions of Part 2, Notice, or for any person who had
780     actual notice of the pending decision.
781          (5) If the municipality has complied with Section 10-9a-205, a challenge to the
782     enactment of a land use [ordinance] regulation or general plan may not be filed with the district
783     court more than 30 days after the enactment.
784          (6) [The petition] A challenge to a land use decision is barred unless [it] the challenge
785     is filed within 30 days after the [appeal authority's] land use decision is final.

786          (7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
787     the reviewing court the record of its proceedings, including its minutes, findings, orders, and, if
788     available, a true and correct transcript of its proceedings.
789          (b) If the proceeding was [tape] recorded, a transcript of that [tape] recording is a true
790     and correct transcript for purposes of this Subsection (7).
791          (8) (a) (i) If there is a record, the district court's review is limited to the record provided
792     by the land use authority or appeal authority, as the case may be.
793          (ii) The court may not accept or consider any evidence outside the record of the land
794     use authority or appeal authority, as the case may be, unless that evidence was offered to the
795     land use authority or appeal authority, respectively, and the court determines that it was
796     improperly excluded.
797          (b) If there is no record, the court may call witnesses and take evidence.
798          (9) (a) The filing of a petition does not stay the decision of the land use authority or
799     authority appeal authority, as the case may be.
800          (b) (i) Before filing a petition under this section or a request for mediation or
801     arbitration of a constitutional taking issue under Section 13-43-204, the aggrieved party may
802     petition the appeal authority to stay its decision.
803          (ii) Upon receipt of a petition to stay, the appeal authority may order its decision stayed
804     pending district court review if the appeal authority finds it to be in the best interest of the
805     municipality.
806          (iii) After a petition is filed under this section or a request for mediation or arbitration
807     of a constitutional taking issue is filed under Section 13-43-204, the petitioner may seek an
808     injunction staying the appeal authority's decision.
809          Section 12. Section 11-36a-504 is amended to read:
810          11-36a-504. Notice of intent to adopt impact fee enactment -- Hearing --
811     Protections.
812          (1) Before adopting an impact fee enactment:
813          (a) a municipality legislative body shall:

814          (i) comply with the notice requirements of Section 10-9a-205 as if the impact fee
815     enactment were a land use [ordinance] regulation;
816          (ii) hold a hearing in accordance with Section 10-9a-502 as if the impact fee enactment
817     were a land use [ordinance] regulation; and
818          (iii) except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of
819     Section 10-9a-801 as if the impact fee were a land use [ordinance] regulation;
820          (b) a county legislative body shall:
821          (i) comply with the notice requirements of Section 17-27a-205 as if the impact fee
822     enactment were a land use [ordinance] regulation;
823          (ii) hold a hearing in accordance with Section 17-27a-502 as if the impact fee
824     enactment were a land use [ordinance] regulation; and
825          (iii) except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of
826     Section 17-27a-801 as if the impact fee were a land use [ordinance] regulation;
827          (c) a local district or special service district shall:
828          (i) comply with the notice and hearing requirements of Section 17B-1-111; and
829          (ii) receive the protections of Section 17B-1-111;
830          (d) a local political subdivision shall at least 10 days before the day on which a public
831     hearing is scheduled in accordance with this section:
832          (i) make a copy of the impact fee enactment available to the public; and
833          (ii) post notice of the local political subdivision's intent to enact or modify the impact
834     fee, specifying the type of impact fee being enacted or modified, on the Utah Public Notice
835     Website created under Section 63F-1-701; and
836          (e) a local political subdivision shall submit a copy of the impact fee analysis and a
837     copy of the summary of the impact fee analysis prepared in accordance with Section
838     11-36a-303 on its website or to each public library within the local political subdivision.
839          (2) Subsection (1)(a) or (b) may not be construed to require involvement by a planning
840     commission in the impact fee enactment process.
841          Section 13. Section 17-27a-103 is amended to read:

842          17-27a-103. Definitions.
843          As used in this chapter:
844          (1) "Affected entity" means a county, municipality, local district, special service
845     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
846     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
847     property owner, property owners association, public utility, or the Utah Department of
848     Transportation, if:
849          (a) the entity's services or facilities are likely to require expansion or significant
850     modification because of an intended use of land;
851          (b) the entity has filed with the county a copy of the entity's general or long-range plan;
852     or
853          (c) the entity has filed with the county a request for notice during the same calendar
854     year and before the county provides notice to an affected entity in compliance with a
855     requirement imposed under this chapter.
856          (2) "Appeal authority" means the person, board, commission, agency, or other body
857     designated by ordinance to decide an appeal of a decision of a land use application or a
858     variance.
859          (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
860     residential property if the sign is designed or intended to direct attention to a business, product,
861     or service that is not sold, offered, or existing on the property where the sign is located.
862          (4) (a) "Charter school" means:
863          (i) an operating charter school;
864          (ii) a charter school applicant that has its application approved by a charter school
865     authorizer in accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; or
866          (iii) an entity that is working on behalf of a charter school or approved charter
867     applicant to develop or construct a charter school building.
868          (b) "Charter school" does not include a therapeutic school.
869          (5) "Chief executive officer" means the person or body that exercises the executive

870     powers of the county.
871          (6) "Conditional use" means a land use that, because of its unique characteristics or
872     potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
873     compatible in some areas or may be compatible only if certain conditions are required that
874     mitigate or eliminate the detrimental impacts.
875          (7) "Constitutional taking" means a governmental action that results in a taking of
876     private property so that compensation to the owner of the property is required by the:
877          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
878          (b) Utah Constitution, Article I, Section 22.
879          (8) "Culinary water authority" means the department, agency, or public entity with
880     responsibility to review and approve the feasibility of the culinary water system and sources for
881     the subject property.
882          (9) "Development activity" means:
883          (a) any construction or expansion of a building, structure, or use that creates additional
884     demand and need for public facilities;
885          (b) any change in use of a building or structure that creates additional demand and need
886     for public facilities; or
887          (c) any change in the use of land that creates additional demand and need for public
888     facilities.
889          (10) (a) "Disability" means a physical or mental impairment that substantially limits
890     one or more of a person's major life activities, including a person having a record of such an
891     impairment or being regarded as having such an impairment.
892          (b) "Disability" does not include current illegal use of, or addiction to, any federally
893     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
894     802.
895          (11) "Educational facility":
896          (a) means:
897          (i) a school district's building at which pupils assemble to receive instruction in a

898     program for any combination of grades from preschool through grade 12, including
899     kindergarten and a program for children with disabilities;
900          (ii) a structure or facility:
901          (A) located on the same property as a building described in Subsection (11)(a)(i); and
902          (B) used in support of the use of that building; and
903          (iii) a building to provide office and related space to a school district's administrative
904     personnel; and
905          (b) does not include:
906          (i) land or a structure, including land or a structure for inventory storage, equipment
907     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
908          (A) not located on the same property as a building described in Subsection (11)(a)(i);
909     and
910          (B) used in support of the purposes of a building described in Subsection (11)(a)(i); or
911          (ii) a therapeutic school.
912          (12) "Fire authority" means the department, agency, or public entity with responsibility
913     to review and approve the feasibility of fire protection and suppression services for the subject
914     property.
915          (13) "Flood plain" means land that:
916          (a) is within the 100-year flood plain designated by the Federal Emergency
917     Management Agency; or
918          (b) has not been studied or designated by the Federal Emergency Management Agency
919     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
920     the land has characteristics that are similar to those of a 100-year flood plain designated by the
921     Federal Emergency Management Agency.
922          (14) "Gas corporation" has the same meaning as defined in Section 54-2-1.
923          (15) "General plan" means a document that a county adopts that sets forth general
924     guidelines for proposed future development of:
925          (a) the unincorporated land within the county; or

926          (b) for a mountainous planning district, the land within the mountainous planning
927     district.
928          (16) "Geologic hazard" means:
929          (a) a surface fault rupture;
930          (b) shallow groundwater;
931          (c) liquefaction;
932          (d) a landslide;
933          (e) a debris flow;
934          (f) unstable soil;
935          (g) a rock fall; or
936          (h) any other geologic condition that presents a risk:
937          (i) to life;
938          (ii) of substantial loss of real property; or
939          (iii) of substantial damage to real property.
940          (17) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
941     meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility
942     system.
943          (18) "Identical plans" means building plans submitted to a county that:
944          (a) are clearly marked as "identical plans";
945          (b) are substantially identical building plans that were previously submitted to and
946     reviewed and approved by the county; and
947          (c) describe a building that:
948          (i) is located on land zoned the same as the land on which the building described in the
949     previously approved plans is located;
950          (ii) is subject to the same geological and meteorological conditions and the same law
951     as the building described in the previously approved plans;
952          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
953     and approved by the county; and

954          (iv) does not require any additional engineering or analysis.
955          (19) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
956     Impact Fees Act.
957          (20) "Improvement completion assurance" means a surety bond, letter of credit,
958     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
959     by a county to guaranty the proper completion of landscaping or an infrastructure improvement
960     required as a condition precedent to:
961          (a) recording a subdivision plat; or
962          (b) development of a commercial, industrial, mixed use, or multifamily project.
963          (21) "Improvement warranty" means an applicant's unconditional warranty that the
964     applicant's installed and accepted landscaping or infrastructure improvement:
965          (a) complies with the county's written standards for design, materials, and
966     workmanship; and
967          (b) will not fail in any material respect, as a result of poor workmanship or materials,
968     within the improvement warranty period.
969          (22) "Improvement warranty period" means a period:
970          (a) no later than one year after a county's acceptance of required landscaping; or
971          (b) no later than one year after a county's acceptance of required infrastructure, unless
972     the county:
973          (i) determines for good cause that a one-year period would be inadequate to protect the
974     public health, safety, and welfare; and
975          (ii) has substantial evidence, on record:
976          (A) of prior poor performance by the applicant; or
977          (B) that the area upon which the infrastructure will be constructed contains suspect soil
978     and the county has not otherwise required the applicant to mitigate the suspect soil.
979          (23) "Infrastructure improvement" means permanent infrastructure that an applicant
980     must install:
981          (a) pursuant to published installation and inspection specifications for public

982     improvements; and
983          (b) as a condition of:
984          (i) recording a subdivision plat; or
985          (ii) development of a commercial, industrial, mixed use, condominium, or multifamily
986     project.
987          (24) "Internal lot restriction" means a platted note, platted demarcation, or platted
988     designation that:
989          (a) runs with the land; and
990          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
991     the plat; or
992          (ii) designates a development condition that is enclosed within the perimeter of a lot
993     described on the plat.
994          (25) "Interstate pipeline company" means a person or entity engaged in natural gas
995     transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
996     the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
997          (26) "Intrastate pipeline company" means a person or entity engaged in natural gas
998     transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
999     Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1000          (27) "Land use applicant" means a property owner, or the property owner's designee,
1001     who submits a land use application regarding the property owner's land.
1002          [(27)] (28) "Land use application":
1003          (a) means an application that is:
1004          (i) required by a [county's land use ordinance.] county; and
1005          (ii) submitted by a land use applicant to obtain a land use decision; and
1006          (b) does not mean an application to enact, amend, or repeal a land use regulation.
1007          [(28)] (29) "Land use authority" means:
1008          (a) a person, board, commission, agency, or body, including the local legislative body,
1009     designated by the local legislative body to act upon a land use application; or

1010          (b) if the local legislative body has not designated a person, board, commission,
1011     agency, or body, the local legislative body.
1012          [(29) "Land use ordinance" means a planning, zoning, development, or subdivision
1013     ordinance of the county, but does not include the general plan.]
1014          (30) "Land use decision" means a final action of a land use authority or appeal
1015     authority regarding:
1016          (a) a land use permit;
1017          (b) a land use application; or
1018          (c) the enforcement of a land use regulation, land use permit, or development
1019     agreement.
1020          [(30)] (31) "Land use permit" means a permit issued by a land use authority.
1021          (32) "Land use regulation":
1022          (a) means an ordinance, law, code, map, resolution, specification, fee, or rule that
1023     governs the use or development of land; and
1024          (b) does not include:
1025          (i) a general plan;
1026          (ii) a land use decision of the legislative body acting as the land use authority, even if
1027     the decision is expressed in a resolution or ordinance; or
1028          (iii) a temporary revision to an engineering specification that does not materially:
1029          (A) increase a land use applicant's cost of development compared to the existing
1030     specification; or
1031          (B) impact a land use applicant's use of land.
1032          [(31)] (33) "Legislative body" means the county legislative body, or for a county that
1033     has adopted an alternative form of government, the body exercising legislative powers.
1034          [(32)] (34) "Local district" means any entity under Title 17B, Limited Purpose Local
1035     Government Entities - Local Districts, and any other governmental or quasi-governmental
1036     entity that is not a county, municipality, school district, or the state.
1037          [(33)] (35) "Lot line adjustment" means the relocation of the property boundary line in

1038     a subdivision between two adjoining lots with the consent of the owners of record.
1039          [(34)] (36) "Moderate income housing" means housing occupied or reserved for
1040     occupancy by households with a gross household income equal to or less than 80% of the
1041     median gross income for households of the same size in the county in which the housing is
1042     located.
1043          [(35)] (37) "Mountainous planning district" means an area:
1044          (a) designated by a county legislative body in accordance with Section 17-27a-901; and
1045          (b) that is not otherwise exempt under [Subsection] Section 10-9a-304[(2)(b)].
1046          [(36)] (38) "Nominal fee" means a fee that reasonably reimburses a county only for
1047     time spent and expenses incurred in:
1048          (a) verifying that building plans are identical plans; and
1049          (b) reviewing and approving those minor aspects of identical plans that differ from the
1050     previously reviewed and approved building plans.
1051          [(37)] (39) "Noncomplying structure" means a structure that:
1052          (a) legally existed before its current land use designation; and
1053          (b) because of one or more subsequent land use ordinance changes, does not conform
1054     to the setback, height restrictions, or other regulations, excluding those regulations that govern
1055     the use of land.
1056          [(38)] (40) "Nonconforming use" means a use of land that:
1057          (a) legally existed before its current land use designation;
1058          (b) has been maintained continuously since the time the land use ordinance regulation
1059     governing the land changed; and
1060          (c) because of one or more subsequent land use ordinance changes, does not conform
1061     to the regulations that now govern the use of the land.
1062          [(39)] (41) "Official map" means a map drawn by county authorities and recorded in
1063     the county recorder's office that:
1064          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
1065     highways and other transportation facilities;

1066          (b) provides a basis for restricting development in designated rights-of-way or between
1067     designated setbacks to allow the government authorities time to purchase or otherwise reserve
1068     the land; and
1069          (c) has been adopted as an element of the county's general plan.
1070          [(40)] (42) "Parcel boundary adjustment" means a recorded agreement between owners
1071     of adjoining properties adjusting their mutual boundary if:
1072          (a) no additional parcel is created; and
1073          (b) each property identified in the agreement is unsubdivided land, including a
1074     remainder of subdivided land.
1075          [(41)] (43) "Person" means an individual, corporation, partnership, organization,
1076     association, trust, governmental agency, or any other legal entity.
1077          [(42)] (44) "Plan for moderate income housing" means a written document adopted by
1078     a county legislative body that includes:
1079          (a) an estimate of the existing supply of moderate income housing located within the
1080     county;
1081          (b) an estimate of the need for moderate income housing in the county for the next five
1082     years as revised biennially;
1083          (c) a survey of total residential land use;
1084          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
1085     income housing; and
1086          (e) a description of the county's program to encourage an adequate supply of moderate
1087     income housing.
1088          [(43)] (45) "Planning advisory area" means a contiguous, geographically defined
1089     portion of the unincorporated area of a county established under this part with planning and
1090     zoning functions as exercised through the planning advisory area planning commission, as
1091     provided in this chapter, but with no legal or political identity separate from the county and no
1092     taxing authority.
1093          [(44)] (46) "Plat" means a map or other graphical representation of lands being laid out

1094     and prepared in accordance with Section 17-27a-603, 17-23-17, or 57-8-13.
1095          [(45)] (47) "Potential geologic hazard area" means an area that:
1096          (a) is designated by a Utah Geological Survey map, county geologist map, or other
1097     relevant map or report as needing further study to determine the area's potential for geologic
1098     hazard; or
1099          (b) has not been studied by the Utah Geological Survey or a county geologist but
1100     presents the potential of geologic hazard because the area has characteristics similar to those of
1101     a designated geologic hazard area.
1102          [(46)] (48) "Public agency" means:
1103          (a) the federal government;
1104          (b) the state;
1105          (c) a county, municipality, school district, local district, special service district, or other
1106     political subdivision of the state; or
1107          (d) a charter school.
1108          [(47)] (49) "Public hearing" means a hearing at which members of the public are
1109     provided a reasonable opportunity to comment on the subject of the hearing.
1110          [(48)] (50) "Public meeting" means a meeting that is required to be open to the public
1111     under Title 52, Chapter 4, Open and Public Meetings Act.
1112          [(49)] (51) "Receiving zone" means an unincorporated area of a county that the county
1113     designates, by ordinance, as an area in which an owner of land may receive a transferable
1114     development right.
1115          [(50)] (52) "Record of survey map" means a map of a survey of land prepared in
1116     accordance with Section 17-23-17.
1117          [(51)] (53) "Residential facility for persons with a disability" means a residence:
1118          (a) in which more than one person with a disability resides; and
1119          (b) (i) which is licensed or certified by the Department of Human Services under Title
1120     62A, Chapter 2, Licensure of Programs and Facilities; or
1121          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter

1122     21, Health Care Facility Licensing and Inspection Act.
1123          [(52)] (54) "Rules of order and procedure" means a set of rules that govern and
1124     prescribe in a public meeting:
1125          (a) parliamentary order and procedure;
1126          (b) ethical behavior; and
1127          (c) civil discourse.
1128          [(53)] (55) "Sanitary sewer authority" means the department, agency, or public entity
1129     with responsibility to review and approve the feasibility of sanitary sewer services or onsite
1130     wastewater systems.
1131          [(54)] (56) "Sending zone" means an unincorporated area of a county that the county
1132     designates, by ordinance, as an area from which an owner of land may transfer a transferable
1133     development right.
1134          [(55)] (57) "Site plan" means a document or map that may be required by a county
1135     during a preliminary review preceding the issuance of a building permit to demonstrate that an
1136     owner's or developer's proposed development activity meets a land use requirement.
1137          [(56)] (58) "Specified public agency" means:
1138          (a) the state;
1139          (b) a school district; or
1140          (c) a charter school.
1141          [(57)] (59) "Specified public utility" means an electrical corporation, gas corporation,
1142     or telephone corporation, as those terms are defined in Section 54-2-1.
1143          [(58)] (60) "State" includes any department, division, or agency of the state.
1144          [(59)] (61) "Street" means a public right-of-way, including a highway, avenue,
1145     boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement,
1146     or other way.
1147          [(60)] (62) (a) "Subdivision" means any land that is divided, resubdivided or proposed
1148     to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
1149     purpose, whether immediate or future, for offer, sale, lease, or development either on the

1150     installment plan or upon any and all other plans, terms, and conditions.
1151          (b) "Subdivision" includes:
1152          (i) the division or development of land whether by deed, metes and bounds description,
1153     devise and testacy, map, plat, or other recorded instrument; and
1154          (ii) except as provided in Subsection [(60)] (62)(c), divisions of land for residential and
1155     nonresidential uses, including land used or to be used for commercial, agricultural, and
1156     industrial purposes.
1157          (c) "Subdivision" does not include:
1158          (i) a bona fide division or partition of agricultural land for agricultural purposes;
1159          (ii) a recorded agreement between owners of adjoining properties adjusting their
1160     mutual boundary if:
1161          (A) no new lot is created; and
1162          (B) the adjustment does not violate applicable land use ordinances;
1163          (iii) a recorded document, executed by the owner of record:
1164          (A) revising the legal description of more than one contiguous unsubdivided parcel of
1165     property into one legal description encompassing all such parcels of property; or
1166          (B) joining a subdivided parcel of property to another parcel of property that has not
1167     been subdivided, if the joinder does not violate applicable land use ordinances;
1168          (iv) a bona fide division or partition of land in a county other than a first class county
1169     for the purpose of siting, on one or more of the resulting separate parcels:
1170          (A) an electrical transmission line or a substation;
1171          (B) a natural gas pipeline or a regulation station; or
1172          (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
1173     utility service regeneration, transformation, retransmission, or amplification facility;
1174          (v) a recorded agreement between owners of adjoining subdivided properties adjusting
1175     their mutual boundary if:
1176          (A) no new dwelling lot or housing unit will result from the adjustment; and
1177          (B) the adjustment will not violate any applicable land use ordinance;

1178          (vi) a bona fide division or partition of land by deed or other instrument where the land
1179     use authority expressly approves in writing the division in anticipation of further land use
1180     approvals on the parcel or parcels; or
1181          (vii) a parcel boundary adjustment.
1182          (d) The joining of a subdivided parcel of property to another parcel of property that has
1183     not been subdivided does not constitute a subdivision under this Subsection [(60)] (62) as to
1184     the unsubdivided parcel of property or subject the unsubdivided parcel to the county's
1185     subdivision ordinance.
1186          [(61)] (63) "Suspect soil" means soil that has:
1187          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
1188     3% swell potential;
1189          (b) bedrock units with high shrink or swell susceptibility; or
1190          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
1191     commonly associated with dissolution and collapse features.
1192          [(62)] (64) "Therapeutic school" means a residential group living facility:
1193          (a) for four or more individuals who are not related to:
1194          (i) the owner of the facility; or
1195          (ii) the primary service provider of the facility;
1196          (b) that serves students who have a history of failing to function:
1197          (i) at home;
1198          (ii) in a public school; or
1199          (iii) in a nonresidential private school; and
1200          (c) that offers:
1201          (i) room and board; and
1202          (ii) an academic education integrated with:
1203          (A) specialized structure and supervision; or
1204          (B) services or treatment related to a disability, an emotional development, a
1205     behavioral development, a familial development, or a social development.

1206          [(63)] (65) "Transferable development right" means a right to develop and use land that
1207     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
1208     land use rights from a designated sending zone to a designated receiving zone.
1209          [(64)] (66) "Unincorporated" means the area outside of the incorporated area of a
1210     municipality.
1211          [(65)] (67) "Water interest" means any right to the beneficial use of water, including:
1212          (a) each of the rights listed in Section 73-1-11; and
1213          (b) an ownership interest in the right to the beneficial use of water represented by:
1214          (i) a contract; or
1215          (ii) a share in a water company, as defined in Section 73-3-3.5.
1216          [(66)] (68) "Zoning map" means a map, adopted as part of a land use ordinance, that
1217     depicts land use zones, overlays, or districts.
1218          Section 14. Section 17-27a-104 is amended to read:
1219          17-27a-104. Stricter requirements or higher standards.
1220          (1) Except as provided in Subsection (2), a county may enact [an ordinance] a land use
1221     regulation imposing stricter requirements or higher standards than are required by this chapter.
1222          (2) A county may not impose [stricter requirements or higher standards than are
1223     required by:] a requirement or standard that conflicts with a provision of this chapter, other
1224     state law, or federal law.
1225          [(a) Section 17-27a-305; and]
1226          [(b) Section 17-27a-513.]
1227          Section 15. Section 17-27a-205 is amended to read:
1228          17-27a-205. Notice of public hearings and public meetings on adoption or
1229     modification of land use regulation.
1230          (1) Each county shall give:
1231          (a) notice of the date, time, and place of the first public hearing to consider the
1232     adoption or modification of a land use [ordinance] regulation; and
1233          (b) notice of each public meeting on the subject.

1234          (2) Each notice of a public hearing under Subsection (1)(a) shall be:
1235          (a) mailed to each affected entity at least 10 calendar days before the public hearing;
1236          (b) posted:
1237          (i) in at least three public locations within the county; or
1238          (ii) on the county's official website; and
1239          (c) (i) published:
1240          (A) in a newspaper of general circulation in the area at least 10 calendar days before
1241     the public hearing; and
1242          (B) on the Utah Public Notice Website created in Section 63F-1-701, at least 10
1243     calendar days before the public hearing; or
1244          (ii) mailed at least 10 days before the public hearing to:
1245          (A) each property owner whose land is directly affected by the land use ordinance
1246     change; and
1247          (B) each adjacent property owner within the parameters specified by county ordinance.
1248          (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
1249     before the hearing and shall be posted:
1250          (a) in at least three public locations within the county; or
1251          (b) on the county's official website.
1252          (4) (a) [If a county plans to hold a public hearing in accordance with Section
1253     17-27a-502 to adopt a zoning map or map amendment, the] A county shall send a courtesy
1254     notice to each owner of private real property whose property is located entirely or partially
1255     within the proposed zoning map enactment or amendment at least 10 days [prior to] before the
1256     scheduled day of the public hearing.
1257          (b) The notice shall:
1258          (i) identify with specificity each owner of record of real property that will be affected
1259     by the proposed zoning map or map amendments;
1260          (ii) state the current zone in which the real property is located;
1261          (iii) state the proposed new zone for the real property;

1262          (iv) provide information regarding or a reference to the proposed regulations,
1263     prohibitions, and permitted uses that the property will be subject to if the zoning map or map
1264     amendment is adopted;
1265          (v) state that the owner of real property may no later than 10 days after the day of the
1266     first public hearing file a written objection to the inclusion of the owner's property in the
1267     proposed zoning map or map amendment;
1268          (vi) state the address where the property owner should file the protest;
1269          (vii) notify the property owner that each written objection filed with the county will be
1270     provided to the county legislative body; and
1271          (viii) state the location, date, and time of the public hearing described in Section
1272     17-27a-502.
1273          (c) If a county mails notice to a property owner in accordance with Subsection (2)(c)(ii)
1274     for a public hearing on a zoning map or map amendment, the notice required in this Subsection
1275     (4) may be included in or part of the notice described in Subsection (2)(c)(ii) rather than sent
1276     separately.
1277          Section 16. Section 17-27a-302 is amended to read:
1278     
Part 3. General Land Use Provisions

1279          17-27a-302. Planning commission powers and duties.
1280          Each countywide planning advisory area or mountainous planning district planning
1281     commission shall, with respect to the unincorporated area of the county, the planning advisory
1282     area, or the mountainous planning district, make a recommendation to the county legislative
1283     body for:
1284          (1) a general plan and amendments to the general plan;
1285          (2) land use [ordinances, zoning maps, official maps, and amendments] regulations;
1286          (3) an appropriate delegation of power to at least one designated land use authority to
1287     hear and act on a land use application;
1288          (4) an appropriate delegation of power to at least one appeal authority to hear and act
1289     on an appeal from a decision of the land use authority; and

1290          (5) application processes that:
1291          (a) may include a designation of routine land use matters that, upon application and
1292     proper notice, will receive informal streamlined review and action if the application is
1293     uncontested; and
1294          (b) shall protect the right of each:
1295          (i) applicant and third party to require formal consideration of any application by a land
1296     use authority;
1297          (ii) applicant, adversely affected party, or county officer or employee to appeal a land
1298     use authority's decision to a separate appeal authority; and
1299          (iii) participant to be heard in each public hearing on a contested application.
1300          Section 17. Section 17-27a-308 is enacted to read:
1301          17-27a-308. Land use authority requirements -- Nature of land use decision.
1302          (1) A land use authority shall apply the plain language of land use regulations.
1303          (2) If a land use regulation does not plainly restrict a land use application, the land use
1304     authority shall interpret and apply the land use regulation to favor the land use application.
1305          (3) A land use decision of a land use authority is an administrative act, even if the land
1306     use authority is the legislative body.
1307          Section 18. Section 17-27a-501 is amended to read:
1308     
Part 5. Land Use Regulations

1309          17-27a-501. Enactment of land use regulation.
1310          (1) [The] Only a legislative body may enact a land use [ordinances and a zoning map]
1311     regulation.
1312          (2) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use
1313     regulation only by ordinance.
1314          (b) A legislative body may, by ordinance or resolution, enact a land use regulation that
1315     imposes a fee.
1316          (3) A land use regulation shall be consistent with the purposes set forth in this chapter.
1317          Section 19. Section 17-27a-502 is amended to read:

1318          17-27a-502. Preparation and adoption of land use regulation.
1319          (1) The planning commission shall:
1320          (a) provide notice as required by Subsection 17-27a-205(1)(a) and, if applicable,
1321     Subsection 17-27a-205(4);
1322          (b) hold a public hearing on a proposed land use [ordinance or zoning map] regulation;
1323          (c) if applicable, consider each written objection filed in accordance with Subsection
1324     17-27a-205(4) prior to the public hearing; and
1325          (d) (i) prepare and recommend to the legislative body a proposed land use [ordinance
1326     or ordinances and zoning map that represent] regulation that represents the planning
1327     commission's recommendation for regulating the use and development of land within:
1328          (A) all or any part of the unincorporated area of the county; or
1329          (B) for a mountainous planning district, all or any part of the area in the mountainous
1330     planning district; and
1331          (ii) forward to the legislative body all objections filed in accordance with Subsection
1332     17-27a-205(4).
1333          (2) The [county] legislative body shall consider each proposed land use [ordinance and
1334     zoning map] regulation recommended to [it] the legislative body by the planning commission,
1335     and, after providing notice as required by Subsection 17-27a-205(1)(b) and holding a public
1336     meeting, the legislative body may adopt or reject the proposed [ordinance or map] land use
1337     regulation either as proposed by the planning commission or after making any revision the
1338     [county] legislative body considers appropriate.
1339          Section 20. Section 17-27a-503 is amended to read:
1340          17-27a-503. Zoning district or land use regulation amendments.
1341          (1) [The] Only a legislative body may amend:
1342          (a) the number, shape, boundaries, or area of any zoning district;
1343          (b) any regulation of or within the zoning district; or
1344          (c) any other provision of a land use [ordinance] regulation.
1345          (2) The legislative body may not make any amendment authorized by this [subsection]

1346     section unless the amendment was proposed by the planning commission or is first submitted
1347     to the planning commission for its recommendation.
1348          (3) The legislative body shall comply with the procedure specified in Section
1349     17-27a-502 in preparing and adopting an amendment to a land use [ordinance or a zoning map]
1350     regulation.
1351          Section 21. Section 17-27a-508 is amended to read:
1352          17-27a-508. Applicant's entitlement to land use application approval --
1353     Exceptions -- Application relating to land in a high priority transportation corridor --
1354     County's requirements and limitations -- Vesting upon submission of development plan
1355     and schedule.
1356          (1) (a) (i) An applicant who has filed a complete land use application, including the
1357     payment of all application fees, is entitled to substantive land use review of the land use
1358     application under the land use [laws] regulations in effect on the date that the application is
1359     complete and as further provided in this section.
1360          (ii) Except as provided in Subsection (1)(b), an applicant is entitled to approval of a
1361     land use application if the application conforms to the requirements of the county's land use
1362     [maps, zoning map, and applicable land use ordinance] regulations in effect when a complete
1363     application is submitted and all application fees have been paid, unless:
1364          (A) the land use authority, on the record, finds that a compelling, countervailing public
1365     interest would be jeopardized by approving the application; or
1366          (B) in the manner provided by local ordinance and before the application is submitted,
1367     the county has formally initiated proceedings to amend [its ordinances] the county's land use
1368     regulations in a manner that would prohibit approval of the application as submitted.
1369          (b) (i) Except as provided in Subsection (1)(c), an applicant is not entitled to approval
1370     of a land use application until the requirements of this Subsection (1)(b)(i) and Subsection
1371     (1)(b)(ii) have been met if the land use application relates to land located within the boundaries
1372     of a high priority transportation corridor designated in accordance with Section 72-5-403.
1373          (ii) (A) A county shall notify the executive director of the Department of

1374     Transportation of any land use applications that relate to land located within the boundaries of
1375     a high priority transportation corridor.
1376          (B) The notification under Subsection (1)(b)(ii)(A) shall be in writing and mailed by
1377     certified or registered mail to the executive director of the Department of Transportation.
1378          (iii) Except as provided in Subsection (1)(c), a county may not approve a land use
1379     application that relates to land located within the boundaries of a high priority transportation
1380     corridor until:
1381          (A) 30 days after the notification under Subsection (1)(b)(ii)(A) is received by the
1382     Department of Transportation if the land use application is for a building permit; or
1383          (B) 45 days after the notification under Subsection (1)(b)(ii)(A) is received by the
1384     Department of Transportation if the land use application is for any land use other than a
1385     building permit.
1386          (iv) (A) If an application is an application for a subdivision approval, including any
1387     land, subject to Subsection (1)(b)(iv)(C), located within 100 feet of the center line of a canal,
1388     the land use authority shall:
1389          (I) within 30 days after the day on which the application is filed, notify the canal
1390     company or canal operator responsible for the canal, if the canal company or canal owner has
1391     provided information under Section 17-27a-211; and
1392          (II) wait at least 10 days after the day on which the land use authority notifies a canal
1393     company or canal operator under Subsection (1)(b)(iv)(A)(I) to approve or reject the
1394     subdivision application described in Subsection (1)(b)(iv)(A).
1395          (B) The notification under Subsection (1)(b)(iv)(A) shall be in writing and mailed by
1396     certified or registered mail to the canal company or canal operator contact described in Section
1397     17-27a-211.
1398          (C) The location of land described in Subsection (1)(b)(iv)(A) shall be:
1399          (I) provided by a canal company or canal operator to the land use authority; and
1400          (II) (Aa) determined by use of mapping-grade global positioning satellite units; or
1401          (Bb) digitized from the most recent aerial photo available to the canal company or

1402     canal operator.
1403          (c) (i) A land use application is exempt from the requirements of Subsection (1)(b)(i)
1404     if:
1405          (A) the land use application relates to land that was the subject of a previous land use
1406     application; and
1407          (B) the previous land use application described under Subsection (1)(c)(i)(A) complied
1408     with the requirements of Subsections (1)(b)(i) and (ii).
1409          (ii) A county may approve a land use application without making the required
1410     notifications under Subsections (1)(b)(i) and (ii) if:
1411          (A) the land use application relates to land that was the subject of a previous land use
1412     application; and
1413          (B) the previous land use application described under Subsection (1)(c)(ii)(A)
1414     complied with the requirements of Subsections (1)(b)(i) and (ii).
1415          (d) After a county has complied with the requirements of Subsection (1)(b) for a land
1416     use application, the county may not withhold approval of the land use application for which the
1417     applicant is otherwise entitled under Subsection (1)(a).
1418          (e) The county shall process an application without regard to proceedings initiated to
1419     amend the county's ordinances as provided in Subsection (1)(a)(ii)(B) if:
1420          (i) 180 days have passed since the proceedings were initiated; and
1421          (ii) the proceedings have not resulted in an enactment that prohibits approval of the
1422     application as submitted.
1423          (f) An application for a land use approval is considered submitted and complete when
1424     the application is provided in a form that complies with the requirements of applicable
1425     ordinances and all applicable fees have been paid.
1426          (g) The continuing validity of an approval of a land use application is conditioned upon
1427     the applicant proceeding after approval to implement the approval with reasonable diligence.
1428          (h) A county may not impose on an applicant who has submitted a complete
1429     application for preliminary subdivision approval a requirement that is not expressed:

1430          (i) in this chapter;
1431          (ii) in a county ordinance; or
1432          (iii) in a county specification for public improvements applicable to a subdivision or
1433     development that is in effect on the date that the applicant submits an application.
1434          (i) A county may not impose on a holder of an issued land use permit or a final,
1435     unexpired subdivision plat a requirement that is not expressed:
1436          (i) in a land use permit;
1437          (ii) on the subdivision plat;
1438          (iii) in a document on which the land use permit or subdivision plat is based;
1439          (iv) in the written record evidencing approval of the land use permit or subdivision
1440     plat;
1441          (v) in this chapter; or
1442          (vi) in a county ordinance.
1443          (j) A county may not withhold issuance of a certificate of occupancy or acceptance of
1444     subdivision improvements because of an applicant's failure to comply with a requirement that
1445     is not expressed:
1446          (i) in the building permit or subdivision plat, documents on which the building permit
1447     or subdivision plat is based, or the written record evidencing approval of the building permit or
1448     subdivision plat; or
1449          (ii) in this chapter or the county's ordinances.
1450          (2) A county is bound by the terms and standards of applicable land use [ordinances]
1451     regulations and shall comply with mandatory provisions of those [ordinances] regulations.
1452          (3) A county may not, as a condition of land use application approval, require a person
1453     filing a land use application to obtain documentation regarding a school district's willingness,
1454     capacity, or ability to serve the development proposed in the land use application.
1455          (4) Upon a specified public agency's submission of a development plan and schedule as
1456     required in Subsection 17-27a-305(8) that complies with the requirements of that subsection,
1457     the specified public agency vests in the county's applicable land use maps, zoning map, hookup

1458     fees, impact fees, other applicable development fees, and land use [ordinances] regulations in
1459     effect on the date of submission.
1460          Section 22. Section 17-27a-707 is amended to read:
1461          17-27a-707. Scope of review of factual matters on appeal -- Appeal authority
1462     requirements.
1463          (1) A county may, by ordinance, designate the [standard] scope of review of factual
1464     matters for appeals of land use authority decisions.
1465          (2) If the county fails to designate a [standard] scope of review of factual matters, the
1466     appeal authority shall review the matter de novo, without deference to the land use authority's
1467     determination of factual matters.
1468          (3) If the scope of review of factual matters is on the record, the appeal authority shall
1469     determine whether the record on appeal includes substantial evidence for each essential finding
1470     of fact.
1471          [(3)] (4) The appeal authority shall:
1472          (a) determine the correctness of [a decision of] the land use [authority in its] authority's
1473     interpretation and application of [a] the plain meaning of the land use [ordinance.] regulations;
1474     and
1475          (b) interpret and apply a land use regulation to favor a land use application unless the
1476     land use regulation plainly restricts the land use application.
1477          (5) An appeal authority's land use decision is a quasi-judicial act, even if the appeal
1478     authority is the legislative body.
1479          [(4)] (6) Only [those decisions] a decision in which a land use authority has applied a
1480     land use [ordinance] regulation to a particular land use application, person, or parcel may be
1481     appealed to an appeal authority.
1482          Section 23. Section 17-27a-801 is amended to read:
1483          17-27a-801. No district court review until administrative remedies exhausted --
1484     Time for filing -- Tolling of time -- Standards governing court review -- Record on review
1485     -- Staying of decision.

1486          (1) No person may challenge in district court a [county's] land use decision [made
1487     under this chapter, or under a regulation made under authority of this chapter,] until that person
1488     has exhausted the person's administrative remedies as provided in Part 7, Appeal Authority and
1489     Variances, if applicable.
1490          (2) (a) Any person adversely affected by a final decision made in the exercise of or in
1491     violation of the provisions of this chapter may file a petition for review of the decision with the
1492     district court within 30 days after the [local land use] decision is final.
1493          (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
1494     property owner files a request for arbitration of a constitutional taking issue with the property
1495     rights ombudsman under Section 13-43-204 until 30 days after:
1496          (A) the arbitrator issues a final award; or
1497          (B) the property rights ombudsman issues a written statement under Subsection
1498     13-43-204(3)(b) declining to arbitrate or to appoint an arbitrator.
1499          (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
1500     taking issue that is the subject of the request for arbitration filed with the property rights
1501     ombudsman by a property owner.
1502          (iii) A request for arbitration filed with the property rights ombudsman after the time
1503     under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
1504          (3) (a) [The courts] A court shall:
1505          (i) presume that a [decision, ordinance, or] land use regulation [made] properly enacted
1506     under the authority of this chapter is valid; and
1507          (ii) determine only whether [or not the decision, ordinance, or regulation is arbitrary,
1508     capricious, or illegal.]:
1509          (A) the land use regulation is expressly preempted by, or was enacted contrary to, state
1510     or federal law; and
1511          (B) it is reasonably debatable that the land use regulation is consistent with this
1512     chapter.
1513          (b) A court shall:

1514          (i) presume that a final decision of a land use authority or an appeal authority is valid;
1515     and
1516          (ii) uphold the decision unless the decision is:
1517          (A) arbitrary and capricious; or
1518          (B) illegal.
1519          (c) (i) A decision is arbitrary and capricious unless the decision is supported by
1520     substantial evidence in the record.
1521          (ii) A decision is illegal if the decision is:
1522          (A) based on an incorrect interpretation of a land use regulation; or
1523          (B) contrary to law.
1524          [(b) A decision, ordinance, or regulation involving the exercise of legislative discretion
1525     is valid if it is reasonably debatable that the decision, ordinance, or regulation promotes the
1526     purposes of this chapter and is not otherwise illegal.]
1527          [(c) A final decision of a land use authority or an appeal authority is valid if the
1528     decision is supported by substantial evidence in the record and is not arbitrary, capricious, or
1529     illegal.]
1530          [(d) A determination of illegality requires a determination that the decision, ordinance,
1531     or regulation violates a law, statute, or ordinance in effect at the time the decision was made or
1532     the ordinance or regulation adopted.]
1533          (4) The provisions of Subsection (2)(a) apply from the date on which the county takes
1534     final action on a land use application for any adversely affected third party, if the county
1535     conformed with the notice provisions of Part 2, Notice, or for any person who had actual notice
1536     of the pending decision.
1537          (5) If the county has complied with Section 17-27a-205, a challenge to the enactment
1538     of a land use [ordinance] regulation or general plan may not be filed with the district court
1539     more than 30 days after the enactment.
1540          (6) [The petition] A challenge to a land use decision is barred unless [it] the challenge
1541     is filed within 30 days after the land use [authority or the appeal authority's] decision is final.

1542          (7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
1543     the reviewing court the record of its proceedings, including its minutes, findings, orders and, if
1544     available, a true and correct transcript of its proceedings.
1545          (b) If the proceeding was [tape] recorded, a transcript of that [tape] recording is a true
1546     and correct transcript for purposes of this Subsection (7).
1547          (8) (a) (i) If there is a record, the district court's review is limited to the record provided
1548     by the land use authority or appeal authority, as the case may be.
1549          (ii) The court may not accept or consider any evidence outside the record of the land
1550     use authority or appeal authority, as the case may be, unless that evidence was offered to the
1551     land use authority or appeal authority, respectively, and the court determines that it was
1552     improperly excluded.
1553          (b) If there is no record, the court may call witnesses and take evidence.
1554          (9) (a) The filing of a petition does not stay the decision of the land use authority or
1555     appeal authority, as the case may be.
1556          (b) (i) Before filing a petition under this section or a request for mediation or
1557     arbitration of a constitutional taking issue under Section 13-43-204, the aggrieved party may
1558     petition the appeal authority to stay its decision.
1559          (ii) Upon receipt of a petition to stay, the appeal authority may order its decision stayed
1560     pending district court review if the appeal authority finds it to be in the best interest of the
1561     county.
1562          (iii) After a petition is filed under this section or a request for mediation or arbitration
1563     of a constitutional taking issue is filed under Section 13-43-204, the petitioner may seek an
1564     injunction staying the appeal authority's decision.
1565          Section 24. Section 17C-1-104 is amended to read:
1566          17C-1-104. Actions not subject to land use laws.
1567          (1) An action taken under this title is not subject to Title 10, Chapter 9a, Municipal
1568     Land Use, Development, and Management Act or Title 17, Chapter 27a, County Land Use,
1569     Development, and Management Act.

1570          (2) An ordinance or resolution adopted under this title is not a land use [ordinance]
1571     regulation as defined in Sections 10-9a-103 and 17-27a-103.
1572          Section 25. Section 63I-2-217 is amended to read:
1573          63I-2-217. Repeal dates -- Title 17.
1574          (1) Subsection 17-27a-102(1)(b), the language that states "or a designated mountainous
1575     planning district" is repealed June 1, 2017.
1576          (2) (a) Subsection 17-27a-103(15)(b) is repealed June 1, 2017.
1577          (b) Subsection 17-27a-103[(34)](37) is repealed June 1, 2017.
1578          (3) Subsection 17-27a-210(2)(a), the language that states "or the mountainous planning
1579     district area" is repealed June 1, 2017.
1580          (4) (a) Subsection 17-27a-301(1)(b)(iii) is repealed June 1, 2017.
1581          (b) Subsection 17-27a-301(1)(c) is repealed June 1, 2017.
1582          (c) Subsection 17-27a-301(2)(a), the language that states "described in Subsection
1583     (1)(a) or (c)" is repealed June 1, 2017.
1584          (5) Subsection 17-27a-302(1), the language that states ", or mountainous planning
1585     district" and "or the mountainous planning district," is repealed June 1, 2017.
1586          (6) Subsection 17-27a-305(1)(a), the language that states "a mountainous planning
1587     district or" and ", as applicable" is repealed June 1, 2017.
1588          (7) (a) Subsection 17-27a-401(1)(b)(ii) is repealed June 1, 2017.
1589          (b) Subsection 17-27a-401(6) is repealed June 1, 2017.
1590          (8) (a) Subsection 17-27a-403(1)(b)(ii) is repealed June 1, 2017.
1591          (b) Subsection 17-27a-403(1)(c)(iii) is repealed June 1, 2017.
1592          (c) Subsection (2)(a)(iii), the language that states "or the mountainous planning
1593     district" is repealed June 1, 2017.
1594          (d) Subsection 17-27a-403(2)(c)(i), the language that states "or mountainous planning
1595     district" is repealed June 1, 2017.
1596          (9) Subsection 17-27a-502(1)(d)(i)(B) is repealed June 1, 2017.
1597          (10) Subsection 17-27a-505.5(2)(a)(iii) is repealed June 1, 2017.

1598          (11) Subsection 17-27a-602(1)(b), the language that states "or, in the case of a
1599     mountainous planning district, the mountainous planning district" is repealed June 1, 2017.
1600          (12) Subsection 17-27a-604(1)(b)(i)(B) is repealed June 1, 2017.
1601          (13) Subsection 17-27a-605(1), the language that states "or mountainous planning
1602     district land" is repealed June 1, 2017.
1603          (14) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
1604     2017.
1605          (15) On June 1, 2016, when making the changes in this section, the Office of
1606     Legislative Research and General Counsel shall:
1607          (a) in addition to its authority under Subsection 36-12-12(3), make corrections
1608     necessary to ensure that sections and subsections identified in this section are complete
1609     sentences and accurately reflect the office's perception of the Legislature's intent; and
1610          (b) identify the text of the affected sections and subsections based upon the section and
1611     subsection numbers used in Laws of Utah 2015, Chapter 465.