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H.B. 114 Enrolled
AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; PROHIBITING
MUNICIPALITIES AND COUNTIES FROM IMPOSING AN IMPACT FEE OR
OTHER FINANCIAL REQUIREMENT IN A TEMPORARY ZONING REGULATION;
AUTHORIZING MUNICIPALITIES AND COUNTIES TO ENACT TEMPORARY
REGULATIONS PROHIBITING DEVELOPMENT IN AREAS DESIGNATED FOR
STUDY AS TRANSPORTATION CORRIDOR; AND MAKING TECHNICAL
CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
10-9-404, as last amended by Chapter 23, Laws of Utah 1992
17-27-404, as last amended by Chapter 23, Laws of Utah 1992
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-9-404 is amended to read:
10-9-404. Temporary regulations.
(1) (a) [
[
all of the area within the municipality if:
(i) the legislative body makes a finding of compelling, countervailing public interest; or
(ii) the area is unzoned.
(b) [
prohibit or regulate the erection, construction, reconstruction, or alteration of any building or
structure or subdivision approval.
(c) A temporary zoning regulation under Subsection (1)(a) may not impose an impact fee
or other financial requirement on building or development.
(2) The municipal legislative body shall establish a period of limited effect for the
[
(3) (a) A municipal legislative body may, without a public hearing, enact an ordinance
establishing a temporary zoning regulation prohibiting construction, subdivision approval, and other
development activities within an area that is the subject of an Environmental Impact Statement or
a Major Investment Study examining the area as a proposed highway or transportation corridor.
(b) A zoning regulation under Subsection (3)(a):
(i) may not exceed six months in duration;
(ii) may be renewed, if requested by the Utah Transportation Commission created under
Section 63-49-10, for up to two additional six-month periods by ordinance enacted before the
expiration of the previous zoning regulation; and
(iii) notwithstanding Subsections (3)(b)(i) and (ii), is effective only as long as the
Environmental Impact Statement or Major Investment Study is in progress.
Section 2. Section 17-27-404 is amended to read:
17-27-404. Temporary regulations.
(1) (a) [
an ordinance establishing a temporary zoning [
within the county if:
(i) the legislative body makes a finding of compelling, countervailing public interest; or
(ii) the area is unzoned.
(b) [
prohibit, restrict, or regulate the erection, construction, reconstruction, or alteration of any building
or structure or subdivision approval.
(c) A temporary zoning regulation under Subsection (1)(a) may not impose an impact fee
or other financial requirement on building or development.
(2) The county legislative body shall establish a period of limited effect for the temporary
[
(3) (a) A county legislative body may, without a public hearing, enact an ordinance
establishing a temporary zoning regulation prohibiting construction, subdivision approval, and other
development activities within an area that is the subject of an Environmental Impact Statement or
a Major Investment Study examining the area as a proposed highway or transportation corridor.
(b) A zoning regulation under Subsection (3)(a):
(i) may not exceed six months in duration;
(ii) may be renewed, if requested by the Utah Transportation Commission created under
Section 63-49-10, for up to two additional six-month periods by ordinance enacted before the
expiration of the previous zoning regulation; and
(iii) notwithstanding Subsections (3)(b)(i) and (ii), is effective only as long as the
Environmental Impact Statement or Major Investment Study is in progress.
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