H.B. 114

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TRANSPORTATION CORRIDOR ACQUISITION,
2 PRESERVATION, AND REGULATION
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Marda Dillree
6 AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; 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
23 prohibit or regulate the erection, construction, reconstruction, or alteration of any building or
24 structure or subdivision approval.
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

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 for up to two additional six-month periods 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.
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):
29 (i) may not exceed six months in duration;
30 (ii) may be renewed for up to two additional six-month periods 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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