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S.B. 6

1    

MUNICIPAL AND COUNTY LAND USE

2    
DEVELOPMENT AND MANAGEMENT

3    
1997 GENERAL SESSION

4    
STATE OF UTAH

5    
Sponsor: LeRay McAllister

6    AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; REQUIRING
7    MUNICIPALITIES AND COUNTIES TO ESTABLISH A PLANNING COMMISSION;
8    MODIFYING PROVISIONS RELATING TO THE NUMBER AND TERM OF MEMBERS
9    AND ALTERNATE MEMBERS OF A PLANNING COMMISSION IN MUNICIPALITIES
10    AND COUNTIES; MODIFYING THE PROCEDURE FOR THE PREPARATION AND
11    ADOPTION OF A ZONING ORDINANCE IN MUNICIPALITIES AND COUNTIES;
12    MODIFYING PROVISIONS RELATING TO THE ADOPTION OF TEMPORARY ZONING
13    REGULATIONS IN MUNICIPALITIES AND COUNTIES; MODIFYING THE TERM OF
14    BOARD OF ADJUSTMENT MEMBERS IN MUNICIPALITIES AND COUNTIES;
15    MODIFYING THE POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT IN
16    MUNICIPALITIES AND COUNTIES; MODIFYING THE PROCEDURE APPLICABLE TO
17    APPEALS FROM ZONING DECISIONS IN MUNICIPALITIES AND COUNTIES;
18    MAKING CONFORMING CORRECTIONS; AND MAKING TECHNICAL
19    CORRECTIONS.
20    This act affects sections of Utah Code Annotated 1953 as follows:
21    AMENDS:
22         10-9-201, as enacted by Chapter 235, Laws of Utah 1991
23         10-9-402, as last amended by Chapter 79, Laws of Utah 1995
24         10-9-404, as last amended by Chapter 23, Laws of Utah 1992
25         10-9-407, as last amended by Chapter 179, Laws of Utah 1995
26         10-9-701, as last amended by Chapter 23, Laws of Utah 1992
27         10-9-702, as last amended by Chapter 23, Laws of Utah 1992

1         10-9-703, as last amended by Chapter 23, Laws of Utah 1992
2         10-9-704, as last amended by Chapter 179, Laws of Utah 1995
3         10-9-1001, as last amended by Chapter 30, Laws of Utah 1992
4         17-27-201, as last amended by Chapters 179 and 225, Laws of Utah 1995
5         17-27-402, as last amended by Chapter 23, Laws of Utah 1992
6         17-27-404, as last amended by Chapter 23, Laws of Utah 1992
7         17-27-701, as last amended by Chapter 179, Laws of Utah 1995
8         17-27-702, as last amended by Chapter 179, Laws of Utah 1995
9         17-27-703, as last amended by Chapter 23, Laws of Utah 1992
10         17-27-1001, as last amended by Chapter 79, Laws of Utah 1996
11    REPEALS:
12         10-9-706, as enacted by Chapter 235, Laws of Utah 1991
13         10-9-708, as enacted by Chapter 235, Laws of Utah 1991
14         17-27-706, as enacted by Chapter 235, Laws of Utah 1991
15         17-27-708, as enacted by Chapter 235, Laws of Utah 1991
16    Be it enacted by the Legislature of the state of Utah:
17        Section 1. Section 10-9-201 is amended to read:
18         10-9-201. Appointment, term, vacancy, and compensation.
19        (1) (a) Each municipality [may] shall enact an ordinance establishing a planning
20    commission.
21        (b) The ordinance shall define:
22        (i) the number [and] of members, which shall be an odd number of not less than five;
23        (ii) the number of alternate members, if the ordinance provides for alternate members;
24        (iii) the terms of the members, which shall be staggered and not less than three years in
25    length;
26        [(ii)] (iv) the mode of appointment;
27        [(iii)] (v) the procedures for filling vacancies and removal from office; and
28        [(iv)] (vi) other details relating to the organization and procedures of the planning
29    commission.
30        (2) The legislative body may fix per diem compensation for the members of the planning
31    commission, based on necessary and reasonable expenses and on meetings actually attended.

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1        Section 2. Section 10-9-402 is amended to read:
2         10-9-402. Preparation and adoption of zoning ordinance.
3        (1) The planning commission shall prepare and recommend to the legislative body a
4    proposed zoning ordinance, including both the full text of the zoning ordinance and maps, that
5    represents the commission's recommendations for zoning all or any part of the area within the
6    municipality.
7        (2) (a) The planning commission shall hold a public hearing on the proposed zoning
8    ordinance before recommending it to the legislative body.
9        (b) The planning commission shall provide reasonable notice of the public hearing at least
10    14 days before the date of the hearing.
11        (c) If the municipality mails notice of a proposed zoning change to property owners within
12    that municipality within a specified distance of the property on which the zoning change is
13    proposed, it shall also mail equivalent notice to:
14        (i) property owners of an adjacent municipality within the same distance of the property
15    on which the zoning change is proposed; and
16        (ii) the legislative body of the adjacent municipality.
17        (3) (a) The legislative body shall hold a public hearing on the proposed zoning ordinance
18    recommended to it by the planning commission.
19        (b) The legislative body shall provide reasonable notice of the public hearing at least 14
20    days before the date of the hearing.
21        (c) If a municipality mails notice of a proposed zoning change to property owners within
22    that municipality within a specified distance of the property on which the zoning change is [being]
23    proposed, it shall also mail equivalent notice to:
24        (i) property owners of an adjacent municipality within the same distance of the property
25    on which the zoning change is being proposed; and
26        (ii) the legislative body of the adjacent municipality.
27        [(3)] (4) After the public hearing, the legislative body may:
28        (a) adopt the zoning ordinance as proposed;
29        (b) amend the zoning ordinance and adopt or reject the zoning ordinance as amended; or
30        (c) reject the ordinance.
31        Section 3. Section 10-9-404 is amended to read:

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1         10-9-404. Temporary regulations.
2        (1) (a) The legislative body may[, without a public hearing,] enact ordinances establishing
3    temporary zoning regulations for any part or all of the area within the municipality if:
4        (i) the legislative body makes a finding of compelling, countervailing public interest; or
5        (ii) the area is unzoned.
6        (b) Subsection (a) applies even in the absence of:
7        (i) a public hearing;
8        (ii) a recommendation from the planning commission; and
9        (iii) the adoption or amendment of a general plan.
10        [(b)] (c) Those temporary zoning regulations may prohibit or regulate the erection,
11    construction, reconstruction, or alteration of any building or structure or subdivision approval.
12        (2) The legislative body shall establish a period of limited effect for the ordinances not to
13    exceed six months.
14        Section 4. Section 10-9-407 is amended to read:
15         10-9-407. Conditional uses.
16        [(1)] A zoning ordinance may contain provisions for conditional uses that may be allowed,
17    allowed with conditions, or denied in designated zoning districts, based on compliance with
18    standards and criteria set forth in the zoning ordinance for those uses.
19        [(2) The board of adjustments has jurisdiction to decide appeals of the approval or denial
20    of conditional use permits unless the legislative body has enacted an ordinance designating the
21    legislative body or another body as the appellate body for those appeals.]
22        Section 5. Section 10-9-701 is amended to read:
23         10-9-701. Board of adjustment -- Appointment -- Term -- Vacancy.
24        (1) In order to provide for just and fair treatment in the administration of local zoning
25    ordinances, and to ensure that substantial justice is done, each municipality adopting a zoning
26    ordinance shall appoint a board of adjustment to exercise the powers and duties provided in this
27    part.
28        (2) (a) The board of adjustment shall consist of not less than five members and whatever
29    alternate members that the chief executive officer considers appropriate.
30        (b) The chief executive officer shall appoint the members and alternate members with the
31    advice and consent of the legislative body for a term of [five] not less than three years as

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1    established by ordinance.
2        (c) The chief executive officer shall appoint members of the first board of adjustment to
3    terms so that the term of one member expires each year.
4        (3) (a) No more than two alternate members may sit at any meeting of the board of
5    adjustment at one time.
6        (b) The legislative body shall make rules establishing a procedure for alternate members
7    to serve in the absence of members of the board of adjustment.
8        (4) (a) The chief executive may remove any member of the board of adjustment for cause
9    if written charges are filed against the member with the chief executive.
10        (b) The chief executive shall provide the member with a public hearing if he requests one.
11        (5) (a) The chief executive officer with the advice and consent of the legislative body shall
12    fill any vacancy.
13        (b) The person appointed shall serve for the unexpired term of the member or alternate
14    member whose office is vacant.
15        Section 6. Section 10-9-702 is amended to read:
16         10-9-702. Organization -- Procedures.
17        (1) The board of adjustment shall:
18        (a) organize and elect a chairperson; and
19        (b) adopt rules that comply with any ordinance adopted by the legislative body.
20        (2) The board of adjustment shall meet at the call of the chairperson and at any other times
21    that the board of adjustment determines.
22        (3) The chairperson, or in the absence of the chairperson, the acting chairperson, may
23    administer oaths and compel the attendance of witnesses.
24        (4) (a) All meetings of the board of adjustment shall comply with the requirements of Title
25    52, Chapter 4, Open and Public Meetings.
26        (b) The board of adjustment shall:
27        (i) keep minutes of its proceedings, showing the vote of each member upon each question,
28    or if absent or failing to vote, indicating that fact; and
29        (ii) keep records of its examinations and other official actions.
30        (c) The board of adjustment may, but is not required to, have its proceedings
31    contemporaneously transcribed by a court reporter or a tape recorder.

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1        (d) The board of adjustment shall file its records in the office of the board of adjustment.
2        (e) All records in the office of the board of adjustment are public records.
3        (5) The concurring vote of [three] a majority of the members of the board of adjustment
4    is necessary to reverse any order, requirement, decision, or determination of any administrative
5    official or agency or to decide in favor of the appellant.
6        (6) Decisions of the board of adjustment become effective at the meeting in which the
7    decision is made, unless a different time is designated in the board's rules or at the time the
8    decision is made.
9        (7) The legislative body may fix per diem compensation for the members of the board of
10    adjustment based on necessary and reasonable expenses and on meetings actually attended.
11        Section 7. Section 10-9-703 is amended to read:
12         10-9-703. Powers and duties.
13        (1) [The] Unless the legislative body otherwise provides by ordinance, the board of
14    adjustment shall:
15        (a) hear and decide:
16        [(a)] (i) appeals from zoning decisions applying the zoning ordinance;
17        [(b)] (ii) special exceptions to the terms of the zoning ordinance; and
18        [(c) variances from the terms of the zoning ordinance.]
19        (iii) appeals of the approval or denial of conditional use permits; and
20        [(2) The board of adjustment may] (b) make determinations regarding the existence,
21    expansion, or modification of nonconforming uses [if that authority is delegated to them by the
22    legislative body].
23        (2) The board of adjustment shall hear and decide variances from the terms of the zoning
24    ordinance.
25        Section 8. Section 10-9-704 is amended to read:
26         10-9-704. Appeals.
27        (1) (a) (i) The applicant or any other person or entity adversely affected by a decision
28    administering or interpreting a zoning ordinance may appeal that decision applying the zoning
29    ordinance by alleging that there is error in any order, requirement, decision, or determination made
30    by an official in the administration or interpretation of the zoning ordinance.
31        (ii) The legislative body shall enact an ordinance establishing a reasonable time for appeal

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1    to the board of adjustment of decisions administering or interpreting a zoning ordinance.
2        (b) Any officer, department, board, or bureau of a municipality affected by the grant or
3    refusal of a building permit or by any other decisions of the administrative officer in the
4    administration or interpretation of the zoning ordinance may appeal any decision to the board of
5    adjustment.
6        [(2) The board of adjustment shall hear and decide appeals from planning commission
7    decisions regarding conditional use permits unless the zoning ordinance designates the legislative
8    body or another body to hear conditional use permit appeals.]
9        [(3)] (2) The person or entity making the appeal has the burden of proving that an error
10    has been made.
11        [(4)] (3) (a) Only decisions applying the zoning ordinance may be appealed to the board
12    of adjustment.
13        (b) A person may not appeal, and the board of adjustment may not consider, any zoning
14    ordinance amendments.
15        [(5)] (4) Appeals may not be used to waive or modify the terms or requirements of the
16    zoning ordinance.
17        Section 9. Section 10-9-1001 is amended to read:
18         10-9-1001. Appeals.
19        [(1) No person may challenge in district court a municipality's land use decisions made
20    under this chapter or under the regulation made under authority of this chapter until that person
21    has exhausted his administrative remedies.]
22        [(2) Any] (1) (a) A person adversely affected by [any] a final administrative decision
23    made in the exercise of the provisions of this chapter may file a petition for review of the decision
24    with the district court within 30 days after the [local] decision is rendered.
25        (b) Except as otherwise provided in this section, the Utah Rules of Civil Procedure shall
26    apply in all proceedings with respect to the petition for review.
27        (2) Except with respect to a challenge of notice as provided in Subsection
28    10-9-103(2)(c)(ii), a person may not challenge in district court a municipality's land use decision
29    made under this chapter without having exhausted administrative remedies.
30        (3) The [courts] court shall:
31        (a) presume that land use decisions and regulations are valid; and

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1        (b) [determine only whether or not] affirm the final administrative decision if it is
2    supported by substantial evidence in the record, unless the decision is arbitrary, capricious, or
3    illegal.
4        (4) (a) The body making the final administrative decision shall transmit to the reviewing
5    court the record of its proceedings, including its minutes, findings, orders, and, if available, a true
6    and correct transcript of its proceedings.
7        (b) If the proceedings were tape recorded, a transcript of that tape recording is a true and
8    correct transcript for purposes of Subsection (4)(a).
9        (5) (a) (i) If there is a record, the district court's review is limited to the record provided
10    by the body making the final administrative decision.
11        (ii) (A) If there is a record but the court finds it inadequate, the court may call witnesses
12    and take evidence only as necessary to overcome the deficiencies the court identifies in the record.
13        (B) The court may not determine the record to be inadequate unless review of the
14    petitioner's claim on the existing record would result in a denial of due process.
15        (C) Discovery proceedings may not be allowed except as permitted by the court to
16    overcome deficiencies in the record identified by the court in a written order.
17        (iii) The court may not accept or consider any evidence outside the deciding body's record
18    unless:
19        (A) the party offering the evidence demonstrates that the evidence was offered to the
20    deciding body; and
21        (B) the court determines that the evidence was improperly excluded by the deciding body.
22        (b) If there is no record, the court may call witnesses and take evidence.
23        (6) (a) The filing of a petition does not stay the decision of the deciding body.
24        (b) Upon motion or upon its own initiative, the deciding body may order its decision
25    stayed pending district court review if the deciding body finds the stay to be in the best interest of
26    the municipality.
27        Section 10. Section 17-27-201 is amended to read:
28         17-27-201. Establishment of commission -- Appointment, term, vacancy, and
29     compensation.
30        (1) Each county [may] shall enact an ordinance establishing:
31        (a) one countywide planning commission; or

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1        (b) one district planning commission for each planning district.
2        (2) If the county establishes a countywide planning commission, the ordinance shall
3    define:
4        (a) the number [and] of members, which shall be an odd number of not less than five;
5        (b) the number of alternate members, if the ordinance provides for alternate members;
6        (c) the terms of the members, which shall be staggered and not less than three years in
7    length;
8        [(b)] (d) the mode of appointment;
9        [(c)] (e) the procedures for filling vacancies and removal from office; and
10        [(d)] (f) other details relating to the organization and procedures of the planning
11    commission.
12        (3) (a) If the county establishes district planning commissions, the county legislative body
13    shall enact an ordinance defining appointment procedures, procedures for filling vacancies and
14    removing members from office, and other details relating to the organization and procedures of
15    each district planning commission.
16        (b) Each district planning commission shall consist of seven members appointed by the
17    county executive with the advice and consent of the county legislative body.
18        (c) (i) Members shall serve three-year terms and until their successors are appointed and
19    qualified.
20        (ii) Notwithstanding the provisions of Subsection (3)(c)(i), the chief executive shall
21    appoint members of the first district planning commissions so that, for each commission, the terms
22    of at least two members and no more than three members expire each year.
23        (4) The legislative body may fix per diem compensation for the members of the planning
24    commission, based on necessary and reasonable expenses and on meetings actually attended.
25        Section 11. Section 17-27-402 is amended to read:
26         17-27-402. Preparation and adoption.
27        (1) The planning commission shall prepare and recommend to the legislative body a
28    proposed zoning ordinance, including both the full text of the zoning ordinance and maps, that
29    represents the commission's recommendations for zoning all or any part of the area within the
30    county.
31        (2) (a) The planning commission shall hold a public hearing on the proposed zoning

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1    ordinance before recommending it to the legislative body.
2        (b) The planning commission shall provide reasonable notice of the public hearing at least
3    14 days before the date of the hearing.
4        (c) If the county mails notice of a proposed zoning change to property owners within that
5    county within a specified distance of the property on which the zoning change is proposed, it shall
6    also mail equivalent notice to:
7        (i) property owners of an adjacent municipality within the same distance of the property
8    on which the zoning change is proposed; and
9        (ii) the legislative body of the adjacent municipality.
10        (3) (a) The legislative body shall hold a public hearing on the proposed zoning ordinance
11    recommended to it by the planning commission.
12        (b) The legislative body shall provide reasonable notice of the public hearing at least 14
13    days before the date of the hearing.
14        [(3)] (4) After the public hearing, the legislative body may:
15        (a) adopt the zoning ordinance as proposed;
16        (b) amend the zoning ordinance and adopt or reject the zoning ordinance as amended; or
17        (c) reject the ordinance.
18        Section 12. Section 17-27-404 is amended to read:
19         17-27-404. Temporary regulations.
20        (1) (a) The legislative body may[, without a public hearing,] enact ordinances establishing
21    temporary zoning regulations for any part or all of the area within the county if:
22        (i) the legislative body makes a finding of compelling, countervailing public interest; or
23        (ii) the area is unzoned.
24        (b) Subsection (a) applies even in the absence of:
25        (i) a public hearing;
26        (ii) a recommendation from the planning commission; and
27        (iii) the adoption or amendment of a general plan.
28        [(b)] (c) Those temporary zoning regulations may prohibit, restrict, or regulate the
29    erection, construction, reconstruction, or alteration of any building or structure or subdivision
30    approval.
31        (2) The legislative body shall establish a period of limited effect for temporary ordinances

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1    not to exceed six months.
2        Section 13. Section 17-27-701 is amended to read:
3         17-27-701. Board of adjustment -- Appointment -- Term -- Vacancy.
4        (1) In order to provide for just and fair treatment in the administration of local zoning
5    ordinances, and to ensure that substantial justice is done, each county adopting a zoning ordinance
6    shall appoint a board of adjustment to exercise the powers and duties provided in this part.
7        (2) (a) The board of adjustment shall consist of not less than five members and whatever
8    alternate members that the chief executive officer considers appropriate.
9        (b) The legislative body shall establish the terms for members of the board of adjustment
10    by ordinance. The terms shall not be less than three years.
11        (c) The chief executive officer shall appoint the members and alternate members with the
12    advice and consent of the legislative body.
13        (d) The chief executive officer shall appoint members of the first board of adjustment to
14    terms so that the term of one member expires each year.
15        (3) (a) No more than two alternate members may sit at any meeting of the board of
16    adjustment at one time.
17        (b) The legislative body shall make rules establishing a procedure for alternate members
18    to serve in the absence of members of the board of adjustment.
19        (4) (a) The chief executive may remove any member of the board of adjustment for cause
20    if written charges are filed against the member with the chief executive.
21        (b) The chief executive shall provide the member with a public hearing if he requests one.
22        (5) (a) The chief executive officer with the advice and consent of the legislative body shall
23    fill any vacancy.
24        (b) The person appointed shall serve for the unexpired term of the member or alternate
25    member whose office is vacant.
26        Section 14. Section 17-27-702 is amended to read:
27         17-27-702. Organization -- Procedures.
28        (1) The board of adjustment shall:
29        (a) organize and elect a chairperson; and
30        (b) adopt rules that comply with any ordinance adopted by the legislative body.
31        (2) The board of adjustment shall meet at the call of the chairperson and at any other times

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1    that the board of adjustment determines.
2        (3) The chairperson, or in the absence of the chairperson, the acting chairperson, may
3    administer oaths and compel the attendance of witnesses.
4        (4) (a) All meetings of the board of adjustment shall comply with the requirements of Title
5    52, Chapter 4, Open and Public Meetings.
6        (b) The board of adjustment shall:
7        (i) keep minutes of its proceedings, showing the vote of each member upon each question,
8    or if absent or failing to vote, indicating that fact; and
9        (ii) keep records of its examinations and other official actions.
10        (c) The board of adjustment may, but is not required to, have its proceedings
11    contemporaneously transcribed by a court reporter or a tape recorder.
12        (d) The board of adjustment shall file its records in the office of the board of adjustment.
13        (e) All records in the office of the board of adjustment are public records.
14        (5) The concurring vote of [at least three] a majority of the members of the board of
15    adjustment is necessary to reverse any order, requirement, decision, or determination of any
16    administrative official or agency or to decide in favor of the appellant.
17        (6) Decisions of the board of adjustment become effective at the meeting in which the
18    decision is made, unless a different time is designated in the board's rules or at the time the
19    decision is made.
20        (7) The legislative body may fix per diem compensation for the members of the board of
21    adjustment, based on necessary and reasonable expenses and on meetings actually attended.
22        Section 15. Section 17-27-703 is amended to read:
23         17-27-703. Powers and duties.
24        (1) [The] Unless the county legislative body otherwise provides by ordinance, the board
25    of adjustment shall:
26        (a) hear and decide:
27        [(a)] (i) appeals from zoning decisions applying the zoning ordinance;
28        [(b)] (ii) special exceptions to the terms of the zoning ordinance; and
29        [(c) variances from the terms of the zoning ordinance.]
30        (iii) appeals of the approval or denial of conditional use permits; and
31        [(2) The board of adjustments may] (b) make determinations regarding the existence,

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1    expansion, or modification of nonconforming uses [if that authority is delegated to them by the
2    legislative body].
3        (2) The board of adjustment shall hear and decide variances from the terms of the zoning
4    ordinance.
5        [(3) If authorized by the legislative body, the board of adjustment may interpret the zoning
6    maps and pass upon disputed questions of lot lines, district boundary lines, or similar questions
7    as they arise in the administration of the zoning regulations.]
8        Section 16. Section 17-27-1001 is amended to read:
9         17-27-1001. Appeals.
10        [(1) No person may challenge in district court a county's land use decisions made under
11    this chapter or under the regulation made under authority of this chapter until that person has
12    exhausted all administrative remedies.]
13        [(2) Any] (1) (a) A person adversely affected by [any] a final administrative decision
14    made in the exercise of the provisions of this chapter may file a petition for review of the decision
15    with the district court within 30 days after the [local] decision is rendered.
16        (b) Except as otherwise provided in this section, the Utah Rules of Civil Procedure shall
17    apply in all proceedings with respect to the petition for review.
18        (2) Except with respect to a challenge of notice as provided in Subsection
19    17-27-103(2)(c)(ii), a person may not challenge in district court a county's land use decision made
20    under this chapter without having exhausted administrative remedies.
21        (3) The [courts] court shall:
22        (a) presume that land use decisions and regulations are valid; and
23        (b) [determine only whether or not] affirm the final administrative decision if it is
24    supported by substantial evidence in the record, unless the decision is arbitrary, capricious, or
25    illegal.
26        (4) (a) The body making the final administrative decision shall transmit to the reviewing
27    court the record of its proceedings, including its minutes, findings, orders, and, if available, a true
28    and correct transcript of its proceedings.
29        (b) If the proceedings were tape recorded, a transcript of that tape recording is a true and
30    correct transcript for purposes of Subsection (4)(a).
31        (5) (a) (i) If there is a record, the district court's review is limited to the record provided

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1    by the body making the final administrative decision.
2        (ii) (A) If there is a record but the court finds it inadequate, the court may call witnesses
3    and take evidence only as necessary to overcome the deficiencies the court identifies in the record.
4        (B) The court may not determine the record to be inadequate unless review of the
5    petitioner's claim on the existing record would result in a denial of due process.
6        (C) Discovery proceedings may not be allowed except as permitted by the court to
7    overcome deficiencies in the record identified by the court in a written order.
8        (iii) The court may not accept or consider any evidence outside the deciding body's record
9    unless:
10        (A) the party offering the evidence demonstrates that the evidence was offered to the
11    deciding body; and
12        (B) the court determines that the evidence was improperly excluded by the deciding body.
13        (b) If there is no record, the court may call witnesses and take evidence.
14        (6) (a) The filing of a petition does not stay the decision of the deciding body.
15        (b) Upon motion or upon its own initiative, the deciding body may order its decision
16    stayed pending district court review if the deciding body finds the stay to be in the best interest of
17    the county.
18        Section 17. Repealer.
19        This act repeals:
20        Section 10-9-706, Special exceptions.
21        Section 10-9-708, District court review of board of adjustment decision.
22        Section 17-27-706, Special exceptions.
23        Section 17-27-708, District court review of board of adjustment decision.




Legislative Review Note
    as of 10-4-96 11:23 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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