H.B. 114

1 h [ TRANSPORTATION CORRIDOR ACQUISITION,
2 PRESERVATION, AND REGULATION ]
2a TEMPORARY ZONING REGULATION AMENDMENTS h
3

1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Marda Dillree
6 AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; h PROHIBITING
6a MUNICIPALITIES AND COUNTIES FROM IMPOSING AN IMPACT FEE OR OTHER FINANCIAL
6b REQUIREMENT IN A TEMPORARY ZONING REGULATION; h AUTHORIZING
7 MUNICIPALITIES AND COUNTIES TO ENACT TEMPORARY REGULATIONS
8 PROHIBITING DEVELOPMENT IN AREAS DESIGNATED FOR STUDY AS
9 TRANSPORTATION CORRIDOR; AND MAKING TECHNICAL CORRECTIONS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 10-9-404, as last amended by Chapter 23, Laws of Utah 1992
13 17-27-404, as last amended by Chapter 23, Laws of Utah 1992
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 10-9-404 is amended to read:
16 10-9-404. Temporary regulations.
17 (1) (a) [The] A municipal legislative body may, without a public hearing, enact
18 [ordinances] an ordinance establishing a temporary zoning [regulations] regulation for any part or
19 all of the area within the municipality if:
20 (i) the legislative body makes a finding of compelling, countervailing public interest; or
21 (ii) the area is unzoned.
22 (b) [Those] A temporary zoning [regulations] regulation under Subsection (1)(a) may

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23 prohibit or regulate the erection, construction, reconstruction, or alteration of any building or
24 structure or subdivision approval.
24a h (c) A TEMPORARY ZONING REGULATION UNDER SUBSECTION (1)(a) MAY NOT IMPOSE AN
24b IMPACT FEE OR OTHER FINANCIAL REQUIREMENT ON BUILDING OR DEVELOPMENT. h
25 (2) The municipal legislative body shall establish a period of limited effect for the
26 [ordinances] ordinance not to exceed six months.
27 (3) (a) A municipal legislative body may, without a public hearing, enact an ordinance




















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1 establishing a temporary zoning regulation prohibiting construction, subdivision approval, and
2 other development activities within an area that is the subject of an Environmental Impact
3 Statement or a Major Investment Study examining the area as a proposed highway or
4 transportation corridor.
5 (b) A zoning regulation under Subsection (3)(a):
6 (i) may not exceed six months in duration;
7 (ii) may be renewed h , IF REQUESTED BY THE UTAH TRANSPORTATION COMMISSION
7a CREATED UNDER SECTION 63-49-10. h for h [[] up to two [ ] ] [ AN ] h additional six-month
7b h [[] periods []] [ PERIOD ] h by ordinance enacted
8 before the expiration of the previous zoning regulation; and
9 (iii) notwithstanding Subsections (3)(b)(i) and (ii), is effective only as long as the
10 Environmental Impact Statement or Major Investment Study is in progress.
11 Section 2. Section 17-27-404 is amended to read:
12 17-27-404. Temporary regulations.
13 (1) (a) [The] A county legislative body may, without a public hearing, enact [ordinances]
14 an ordinance establishing a temporary zoning [regulations] regulation for any part or all of the area
15 within the county if:
16 (i) the legislative body makes a finding of compelling, countervailing public interest; or
17 (ii) the area is unzoned.
18 (b) [Those] A temporary zoning [regulations] regulation under Subsection (1)(a) may
19 prohibit, restrict, or regulate the erection, construction, reconstruction, or alteration of any building
20 or structure or subdivision approval.
20a h (c) A TEMPORARY ZONING REGULATION UNDER SUBSECTION (1)(a) MAY NOT IMPOSE AN
20b IMPACT FEE OR OTHER FINANCIAL REQUIREMENT ON BUILDING OR DEVELOPMENT. h
21 (2) The county legislative body shall establish a period of limited effect for temporary
22 [ordinances] ordinance not to exceed six months.
23 (3) (a) A county legislative body may, without a public hearing, enact an ordinance
24 establishing a temporary zoning regulation prohibiting construction, subdivision approval, and
25 other development activities within an area that is the subject of an Environmental Impact
26 Statement or a Major Investment Study examining the area as a proposed highway or
27 transportation corridor.
28 (b) A zoning regulation under Subsection (3)(a):
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29 (i) may not exceed six months in duration;
30 (ii) may be renewed h , IF REQUESTED BY THE UTAH TRANSPORTATION COMMISSION
30a CREATED UNDER SECTION 63-49-10. h for h [[] up to two [ ] ] [ AN ] h additional six-month
30b h [[] periods []] [ PERIOD ] h by ordinance enacted
31 before the expiration of the previous zoning regulation; and























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1 (iii) notwithstanding Subsections (3)(b)(i) and (ii), is effective only as long as the
2 Environmental Impact Statement or Major Investment Study is in progress.




Legislative Review Note
as of 2-10-97 11:02 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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