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First Substitute S.B. 91

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AIR QUALITY, LAND USE, AND

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TRANSPORTATION PLANNING PROVISIONS

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: LeRay McAllister

6    AN ACT RELATING TO HEALTH AND THE ENVIRONMENT; ESTABLISHING
7    PROCEDURES AND REQUIREMENTS FOR THE IMPLEMENTATION OF REGIONAL
8    GROWTH PLANS AND INTERLOCAL COORDINATION PLANS ADDRESSING AIR
9    QUALITY, LAND USE, TRANSPORTATION, AND RELATED AREAS; AND AMENDING
10    MUNICIPAL AND COUNTY STATUTORY PROVISIONS TO INCORPORATE
11    REFERENCES TO THESE PLANS.
12    This act affects sections of Utah Code Annotated 1953 as follows:
13    AMENDS:
14         10-9-103, as last amended by Chapter 179, Laws of Utah 1995
15         10-9-106, as last amended by Chapter 23, Laws of Utah 1992
16         10-9-201, as enacted by Chapter 235, Laws of Utah 1991
17         10-9-204, as enacted by Chapter 235, Laws of Utah 1991
18         10-9-301, as last amended by Chapters 23 and 93, Laws of Utah 1992
19         10-9-302, as last amended by Chapters 23 and 93, Laws of Utah 1992
20         10-9-303, as last amended by Chapter 23, Laws of Utah 1992
21         10-9-402, as last amended by Chapter 79, Laws of Utah 1995
22         10-9-404, as last amended by Chapter 23, Laws of Utah 1992
23         10-9-801, as last amended by Chapter 23, Laws of Utah 1992
24         17-27-103, as last amended by Chapter 179, Laws of Utah 1995
25         17-27-105, as last amended by Chapter, 23, Laws of Utah 1992
26         17-27-201, as last amended by Chapters 179 and 225, Laws of Utah 1995
27         17-27-204, as last amended by Chapter 225, Laws of Utah 1995


1         17-27-301, as last amended by Chapter 257, Laws of Utah 1994
2         17-27-302, as last amended by Chapters 23 and 93, Laws of Utah 1992
3         17-27-303, as last amended by Chapter 23, Laws of Utah 1992
4         17-27-402, as last amended by Chapter 23, Laws of Utah 1992
5         17-27-404, as last amended by Chapter 23, Laws of Utah 1992
6         17-27-801, as enacted by Chapter 235, Laws of Utah 1991
7    ENACTS:
8         10-9-303.5, Utah Code Annotated 1953
9         11-38-101, Utah Code Annotated 1953
10         11-38-102, Utah Code Annotated 1953
11         11-38-103, Utah Code Annotated 1953
12         11-38-104, Utah Code Annotated 1953
13         11-38-105, Utah Code Annotated 1953
14         11-38-106, Utah Code Annotated 1953
15         11-38-107, Utah Code Annotated 1953
16         11-38-108, Utah Code Annotated 1953
17         17-27-303.5, Utah Code Annotated 1953
18    REPEALS:
19         10-9-401, as enacted by Chapter 235, Laws of Utah 1991
20         17-27-401, as enacted by Chapter 235, Laws of Utah 1991
21    Be it enacted by the Legislature of the state of Utah:
22        Section 1. Section 10-9-103 is amended to read:
23         10-9-103. Definitions -- Notice.
24        (1) As used in this chapter:
25        (a) "Agency" has the same meaning as in Section 11-38-102.
26        [(a)] (b) "Billboard" means a freestanding ground sign located on industrial, commercial,
27    or residential property if the sign is designed or intended to direct attention to a business, product,
28    or service that is not sold, offered, or existing on the property where the sign is located.
29        [(b)] (c) "Chief executive officer" means:
30        (i) the mayor in municipalities operating under all forms of municipal government except
31    the council-manager form; or

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1        (ii) the city manager in municipalities operating under the council-manager form of
2    municipal government.
3        [(c)] (d) "Conditional use" means a land use that, because of its unique characteristics or
4    potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
5    compatible in some areas or may be compatible only if certain conditions are required that mitigate
6    or eliminate the detrimental impacts.
7        [(d)] (e) "County" means the unincorporated area of the county.
8        [(e)] (f) "Elderly person" means a person who is 60 years old or older, who desires or
9    needs to live with other elderly persons in a group setting, but who is capable of living
10    independently.
11        (g) "Entity" has the same meaning as in Section 11-38-102.
12        [(f)] (h) (i) "General plan" means a document that a municipality adopts that sets forth
13    general guidelines for proposed future development of the land within the municipality, as set forth
14    in Sections 10-9-301 and 10-9-302.
15        (ii) "General plan" includes what is also commonly referred to as a "master plan."
16        (i) "Growth policy issues" means the issues listed under Section 11-38-102.
17        [(g)] (j) "Handicapped person" means a person who:
18        (i) has a severe, chronic disability attributable to a mental or physical impairment or to a
19    combination of mental and physical impairments that is likely to continue indefinitely and that
20    results in a substantial functional limitation in three or more of the following areas of major life
21    activity:
22        (A) self-care;
23        (B) receptive and expressive language;
24        (C) learning;
25        (D) mobility;
26        (E) self-direction;
27        (F) capacity for independent living; and
28        (G) economic self-sufficiency; and
29        (ii) requires a combination or sequence of special interdisciplinary or generic care,
30    treatment, or other services that are individually planned and coordinated to allow the person to
31    function in, and contribute to, a residential neighborhood.

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1        (k) "Interlocal coordination plan" has the same meaning as in Section 11-38-102.
2        [(h)] (l) "Legislative body" means the city council or city commission.
3        (m) "Local government" has the same meaning as in Section 11-38-102.
4        [(i)] (n) "Lot line adjustment" in a subdivision means the relocation of the property
5    boundary line between two adjoining lots with the consent of the owners of record.
6        [(j)] (o) "Municipality" means a city or town.
7        [(k)] (p) "Nonconforming structure" means a structure that:
8        (i) legally existed before its current zoning designation; and
9        (ii) because of subsequent zoning changes, does not conform with the zoning regulation's
10    setback, height restrictions, or other regulations that govern the structure.
11        [(l)] (q) "Nonconforming use" means a use of land that:
12        (i) legally existed before its current zoning designation;
13        (ii) has been maintained continuously since the time the zoning regulation governing the
14    land changed; and
15        (iii) because of subsequent zoning changes, does not conform with the zoning regulations
16    that now govern the land.
17        [(m)] (r) "Official map" means a map of proposed streets that has the legal effect of
18    prohibiting development of the property until the municipality develops the proposed street.
19        [(n)] (s) (i) "Residential facility for elderly persons" means a single-family or
20    multiple-family dwelling unit that meets the requirements of Part 5 and any ordinance adopted
21    under authority of that part.
22        (ii) "Residential facility for elderly persons" does not include a health care facility as
23    defined by Section 26-21-2.
24        [(o)] (t) "Residential facility for handicapped persons" means a single-family or
25    multiple-family dwelling unit that meets the requirements of Part 6 and any ordinance adopted
26    under authority of that part.
27        [(p)] (u) "Special district" means all entities established under the authority of Title 17A
28    and any other governmental or quasi-governmental entity that is not a county, municipality, school
29    district, or unit of the state.
30        [(q)] (v) "Street" means public rights-of-way, including highways, avenues, boulevards,
31    parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and

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1    other ways.
2        [(r)] (w) (i) "Subdivision" means any land that is divided, resubdivided or proposed to be
3    divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose,
4    whether immediate or future, for offer, sale, lease, or development either on the installment plan
5    or upon any and all other plans, terms, and conditions.
6        (ii) "Subdivision" includes:
7        (A) the division or development of land whether by deed, metes and bounds description,
8    devise and testacy, lease, map, plat, or other recorded instrument; and
9        (B) divisions of land for all residential and nonresidential uses, including land used or to
10    be used for commercial, agricultural, and industrial purposes.
11        [(s)] (x) "Unincorporated" means the area outside of the incorporated boundaries of cities
12    and towns.
13        (2) (a) A municipality meets the requirements of reasonable notice required by this chapter
14    if it:
15        (i) posts notice of the hearing or meeting in at least three public places within the
16    jurisdiction and publishes notice of the hearing or meeting in a newspaper of general circulation
17    in the jurisdiction, if one is available; or
18        (ii) gives actual notice of the hearing or meeting.
19        (b) A municipal legislative body may enact an ordinance establishing stricter notice
20    requirements than those required by this subsection.
21        (c) (i) Proof that one of the two forms of notice authorized by this subsection was given
22    is prima facie evidence that notice was properly given.
23        (ii) If notice given under authority of this section is not challenged as provided in Section
24    10-9-1001 within 30 days from the date of the meeting for which the notice was given, the notice
25    is considered adequate and proper.
26        Section 2. Section 10-9-106 is amended to read:
27         10-9-106. Property owned by other government units -- Effect of land use and
28     development ordinances.
29        (1) (a) Each county, municipality, school district, special district, and political subdivision
30    [of Utah] shall conform to, and agencies shall be compatible with, the general plan, interlocal
31    coordination plan, and land use and development ordinances of any municipality when granting

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1    permits or other authorization, or installing, constructing, operating, or otherwise using any area,
2    land, or building situated within that municipality [only in a manner or for a purpose that conforms
3    to that municipality's ordinances], except as provided under Subsection (b).
4        (b) When state agencies construct, operate, or otherwise use any area, land, or building,
5    or grant permits or other authorizations within a municipality that involve or may reasonably be
6    expected to affect air quality, transportation, land use, or water, state agencies shall, prior to taking
7    action:
8        (i) notify the municipality of its intentions;
9        (ii) provide an opportunity for the municipality and the public to provide comment and
10    input; and
11        (iii) coordinate with the general plan, interlocal coordination plan, and land use and
12    development ordinances of the affected municipality.
13        [(b)] (c) In addition to any other remedies provided by law, when a municipality's general
14    plan, interlocal coordination plan, or land use and development ordinances are being violated or
15    about to be violated by another political subdivision, that municipality may institute an injunction,
16    mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or
17    remove the improper installation, improvement, or use.
18        (2) A school district is subject to a municipality's general plan, interlocal coordination
19    plan, and land use and development regulations under this chapter, except that a municipality may
20    not:
21        (a) impose requirements for landscaping, fencing, aesthetic considerations, construction
22    methods or materials, building codes, building use for educational purposes, or the placement or
23    use of temporary classroom facilities on school property;
24        (b) require a school district to participate in the cost of any roadway or sidewalk not
25    reasonably necessary for the safety of school children and not located on or contiguous to school
26    property, unless the roadway or sidewalk is required to connect an otherwise isolated school site
27    to an existing roadway;
28        (c) require a district to pay fees not authorized by this section;
29        (d) provide for inspection of school construction or assess a fee or other charges for
30    inspection, unless neither the school district nor the state superintendent has provided for
31    inspection by an inspector, other than the project architect or contractor, who is qualified under

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1    criteria established by the state superintendent with the approval of the state building board and
2    state fire marshal; or
3        (e) require a school district to pay any impact fee for an improvement project that is not
4    reasonably related to the impact of the project upon the need that the improvement is to address[;
5    or].
6        [(f) impose regulations upon the location of a project except as necessary to avoid
7    unreasonable risks to health or safety.]
8        Section 3. Section 10-9-201 is amended to read:
9         10-9-201. Appointment, term, vacancy, and compensation.
10        (1) (a) Each municipality [may enact an] preparing a general plan, an interlocal
11    coordination plan, or any land use ordinance [establishing] shall by ordinance establish a planning
12    commission.
13        (b) The ordinance shall define:
14        (i) the number and terms of the members;
15        (ii) the mode of appointment;
16        (iii) the procedures for filling vacancies and removal from office; and
17        (iv) other details relating to the organization and procedures of the planning commission.
18        (2) The legislative body may fix per diem compensation for the members of the planning
19    commission, based on necessary and reasonable expenses and on meetings actually attended.
20        Section 4. Section 10-9-204 is amended to read:
21         10-9-204. Powers and duties.
22        The planning commission shall:
23        (1) prepare and recommend to the legislative body as provided in this chapter a general
24    plan, which may include an interlocal coordination plan, and amendments to the general plan [to
25    the legislative body as provided in this chapter];
26        (2) recommend zoning ordinances and maps, and amendments to zoning ordinances and
27    maps, to the legislative body as provided in this chapter;
28        (3) administer provisions of the zoning ordinance, where specifically provided for in the
29    zoning ordinance adopted by the legislative body;
30        (4) recommend subdivision regulations and amendments to those regulations to the
31    legislative body as provided in this chapter;

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1        (5) recommend approval or denial of subdivision applications as provided in this chapter;
2        (6) advise the legislative body on matters as the legislative body directs;
3        (7) hear or decide any matters that the legislative body designates, including the approval
4    or denial of, or recommendations to approve or deny, conditional use permits;
5        (8) exercise any other powers:
6        (a) [that are] necessary to enable it to perform its function; or
7        (b) delegated to it by the legislative body[.]; and
8        (9) ensure that its actions taken under this section are consistent with any general plan and
9    interlocal coordination plan adopted at that time.
10        Section 5. Section 10-9-301 is amended to read:
11         10-9-301. General plan.
12        (1) In order to accomplish the purposes set forth in this chapter, each municipality shall
13    prepare and adopt a comprehensive, long-range general plan [for] that:
14        (a) addresses present and future needs of the municipality; [and]
15        (b) addresses growth and development of the land within the municipality or any part of
16    the municipality[.]; and
17        (c) provides for coordination with the plans and needs of entities located adjacent to or
18    within the municipality.
19        (2) The plan may provide for:
20        (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
21    activities, aesthetics, and recreational, educational, and cultural opportunities;
22        (b) the reduction of the waste of physical, financial, or human resources that result from
23    either excessive congestion or excessive scattering of population;
24        (c) the efficient and economical use, conservation, and production of the supply of:
25        (i) food and water; and
26        (ii) drainage, sanitary, and other facilities and resources;
27        (d) the use of energy conservation and solar and renewable energy resources;
28        (e) [the protection of urban] issues involving growth and development; and
29        (f) the protection and promotion of air quality.
30        (3) The municipality may determine the comprehensiveness, extent, and format of the
31    general plan.

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1        Section 6. Section 10-9-302 is amended to read:
2         10-9-302. Plan preparation.
3        (1) [(a)] The planning commission shall make and recommend to the legislative body a
4    proposed general plan for the area within the municipality.
5        (2) In preparing or amending the general plan, the planning commission shall:
6        (a) be consistent with the interlocal coordination plan required under Section 11-38-105;
7    and
8        (b) provide public notice and opportunity to participate regarding the planning process for
9    the proposed plan to entities and the public:
10        (i) located within the area the plan affects or may reasonably be expected to affect; and
11        (ii) whose boundaries are within or are adjacent to any portion of the municipality the plan
12    addresses.
13        [(b)] (3) (a) The general plan may include areas outside the boundaries of the municipality
14    if, in the commission's judgment, [they] the areas are related to the planning of the municipality's
15    territory.
16        [(c)] (b) [Except as otherwise provided by law, when] When any provision of the proposed
17    plan of a municipality [involves] includes, affects, or may reasonably be expected to affect
18    territory outside the boundaries of the municipality, the municipality may not [take action affecting
19    that territory] include any of those provisions in the plan without obtaining the written concurrence
20    of the agency, the county, or other municipalities affected.
21        (4) If a disagreement regarding the proposed interlocal coordination plan arises between
22    the municipality and any entity claiming to be affected by any part of the plan, the municipality
23    and the entity shall submit the issue to the dispute resolution process established under Section
24    11-38-106.
25        [(2)] (5) The general plan, with the accompanying maps, plats, charts and descriptive and
26    explanatory matter, shall show the planning commission's recommendations for the development
27    of the territory covered by the plan, and may include, among other things:
28        (a) a land use element that:
29        (i) designates the proposed general distribution and location and extent of uses of land for
30    housing, business, industry, agriculture, recreation, education, public buildings and grounds, open
31    space, and other categories of public and private uses of land as appropriate; and

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1        (ii) may include a statement of the standards of population density and building intensity
2    recommended for the various land use categories covered by the plan;
3        (b) a transportation and circulation element consisting of the general location and extent
4    of existing and proposed freeways, arterial and collector streets, mass transit, and any other modes
5    of transportation that are appropriate, all correlated with the land use element of the plan;
6        (c) an environmental element that addresses:
7        (i) the protection, conservation, development, and use of natural resources, including the
8    quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other
9    natural resources; and
10        (ii) the reclamation of land, flood control, prevention and control of the pollution of
11    streams and other waters, regulation of the use of land on hillsides, stream channels and other
12    environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
13    protection of watersheds and wetlands, and the mapping of known geologic hazards;
14        (d) a public services and facilities element showing general plans for sewage, waste
15    disposal, drainage, local utilities, rights-of-way, easements, and facilities for them, police and fire
16    protection, and other public services;
17        (e) a rehabilitation, redevelopment, and conservation element consisting of plans and
18    programs for:
19        (i) historic preservation; and
20        (ii) the elimination of blight and for redevelopment, including housing sites, business and
21    industrial sites, and public building sites;
22        (f) an economic element composed of appropriate studies and an economic development
23    plan that may include review of municipal revenue and expenditures, revenue sources,
24    identification of base and residentiary industry, primary and secondary market areas, employment,
25    and retail sales activity;
26        (g) recommendations for implementing the plan, including the use of zoning ordinances,
27    subdivision ordinances, capital improvement plans, and other appropriate actions; and
28        (h) any other elements the municipality considers appropriate.
29        Section 7. Section 10-9-303 is amended to read:
30         10-9-303. Plan adoption.
31        (1) (a) After completing a proposed general plan for all or part of the area within the

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1    municipality, the planning commission shall schedule and hold a public hearing on the proposed
2    plan.
3        (b) The planning commission shall provide reasonable notice of the public hearing at least
4    14 days before the date of the hearing.
5        (c) After the public hearing, the planning commission may make changes to the proposed
6    general plan.
7        (2) The planning commission shall then forward the proposed general plan to the
8    legislative body.
9        (3) (a) The legislative body shall hold a public hearing on the proposed general plan
10    recommended to it by the planning commission.
11        (b) The legislative body shall provide reasonable notice of the public hearing at least 14
12    days before the date of the hearing.
13        (4) After the public hearing, the legislative body may make any modifications to the
14    proposed general plan that it considers appropriate and consistent with the interlocal coordination
15    plan.
16        (5) The legislative body may:
17        (a) adopt the proposed general plan without amendment;
18        (b) amend the proposed general plan and adopt or reject it as amended; or
19        (c) reject the proposed general plan.
20        [(6) (a) The general plan is an advisory guide for land use decisions.]
21        [(b) The legislative body may adopt an ordinance mandating compliance with the general
22    plan.]
23        (6) All zoning and land use ordinances, and other regulations of the municipality affecting
24    land use shall be consistent with the general plan and the interlocal coordination plan.
25        Section 8. Section 10-9-303.5 is enacted to read:
26         10-9-303.5. Updating general plans.
27        (1) General plans adopted under this chapter shall be updated or readopted not less
28    frequently than every five years from the date the original plan is adopted.
29        (2) The municipality's procedure in conducting the update shall include at a minimum the
30    same notice and opportunities for input in the process as required for the preparation of an original
31    plan under this chapter.

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1        Section 9. Section 10-9-402 is amended to read:
2         10-9-402. Preparation and adoption.
3        (1) [The] (a) If the municipality implements a zoning ordinance, the planning commission
4    shall prepare and recommend to the legislative body [a] the proposed zoning ordinance, including
5    both the full text of the zoning ordinance and maps, that represents the commission's
6    recommendations for zoning all or any part of the area within the municipality.
7        (b) The proposed ordinance shall be consistent with the general plan and any interlocal
8    coordination plan adopted by the municipality.
9        (2) As part of the zoning ordinance preparation process, the planning commission shall
10    provide at least 14 days' notice of the hearing, and the opportunity to provide written comment,
11    to the public, and entities whose boundaries, or any portion of their boundaries, are:
12        (a) located within or are adjacent to the area of the municipality the proposed zoning
13    ordinance addresses; or
14        (b) are within an area adjacent to the area the proposed zoning ordinance addresses or
15    could reasonably be expected to affect.
16        [(2)] (3) (a) The legislative body shall hold a public hearing on the proposed zoning
17    ordinance recommended to it by the planning commission.
18        (b) The legislative body shall provide reasonable notice of the public hearing at least 14
19    days before the date of the hearing.
20        (c) If a municipality mails notice of a proposed zoning change to property owners within
21    that municipality within a specified distance of the property on which the zoning change is being
22    proposed, it shall also mail equivalent notice to property owners of an adjacent municipality within
23    the same distance of the property on which the zoning change is being proposed.
24        [(3)] (4) After the public hearing, the legislative body may:
25        (a) adopt the zoning ordinance as proposed;
26        (b) amend the zoning ordinance and adopt or reject the zoning ordinance as amended; or
27        (c) reject the ordinance.
28        Section 10. Section 10-9-404 is amended to read:
29         10-9-404. Temporary regulations.
30        (1) [(a)] The legislative body may, without a public hearing, enact ordinances establishing
31    temporary zoning regulations for any part or all of the area within the municipality [if:] and in

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1    compliance with this section.
2        (2) If the legislative body has adopted a general plan, an interlocal coordination plan, or
3    both, temporary zoning regulations may be enacted under this section if:
4        (a) the zoning regulations are consistent with any adopted general plan and interlocal
5    coordination plan;
6        [(i)] (b) the legislative body makes a finding of compelling, countervailing public interest;
7    or
8        [(ii)] (c) the area is unzoned.
9        (3) If the legislative body has not adopted a general plan or an interlocal coordination plan,
10    temporary zoning regulations may be enacted under this section if:
11        (a) the legislative body makes a finding of compelling, countervailing public interest; or
12        (b) the area is unzoned.
13        [(b)] (4) Those temporary zoning regulations enacted in compliance with this section may
14    prohibit or regulate the erection, construction, reconstruction, or alteration of any building or
15    structure or subdivision approval.
16        [(2)] (5) The legislative body shall establish a period of limited effect for the ordinances
17    not to exceed six months.
18        Section 11. Section 10-9-801 is amended to read:
19         10-9-801. Enactment of subdivision ordinance.
20        [The] If the legislative body of any municipality [may enact] enacts a subdivision
21    ordinance [requiring], the ordinance shall:
22        (1) be consistent with the general plan and the interlocal coordination plan of the
23    municipality; and
24        (2) require that a subdivision plat comply with the provisions of the subdivision ordinance
25    and be approved as required by this part before:
26        [(1)] (a) it may be filed or recorded in the county recorder's office; and
27        [(2)] (b) lots may be sold.
28        Section 12. Section 11-38-101 is enacted to read:
29    
CHAPTER 38. INTERLOCAL PLANNING COORDINATION ACT

30         11-38-101. Title
31        This chapter is known as the "Interlocal Planning Coordination Act".

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1        Section 13. Section 11-38-102 is enacted to read:
2         11-38-102. Definitions.
3        As used in this chapter:
4        (1) (a) "Agency" means each department, commission, board, council, agency, institution,
5    officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau,
6    panel, or other administrative unit of the state.
7        (b) "Agency" includes the legislative branch, the judicial branch, the attorney general's
8    office, the State Office of Education, the Board of Regents, the institutional councils of each higher
9    education institution, and each higher education institution.
10        (2) (a) "AOG" stands for "association of governments" and means any one of seven
11    organizations of groups of contiguous counties that:
12        (i) is administered by representatives of all the local governments within the organization's
13    area;
14        (ii) is designated as an "association of governments," by direction of the Executive Order,
15    Appendix IV, issued by Governor Calvin Rampton on May 27, 1970; and
16        (iii) is created under Title 11, Chapter 13, Interlocal Cooperation Act.
17        (b) The counties and titles of the seven AOGs are:
18        (i) Bear River Association of Governments: Box Elder, Cache, and Rich counties;
19        (ii) Wasatch Front Regional Council: Davis, Morgan, Salt Lake, Tooele, and Weber
20    counties;
21        (iii) Mountainlands Association of Governments: Summit, Utah, and Wasatch counties;
22        (iv) Six County Association of Governments: Juab, Millard, Piute, Sanpete, Sevier, and
23    Wayne counties;
24        (v) Five County Association of Governments: Beaver, Garfield, Iron, Kane, and
25    Washington counties;
26        (vi) Uintah Basin Association of Governments: Daggett, Duchesne, and Uintah counties;
27    and
28        (vii) Southeastern Association of Governments: Carbon, Emery, Grand, and San Juan
29    counties.
30        (3) "Entity" means agencies, local governments, school districts, special districts, and any
31    board serving any of these, if the board's authority includes planning or advising regarding

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1    planning.
2        (4) "Growth policy issues" are:
3        (a) growth and development both within areas where adequate public facilities,
4    infrastructure, and services exist or can be provided in an efficient manner and consideration of
5    where urban growth would result in disproportionately high costs for public services or
6    disproportionately high impacts on the environment;
7        (b) affordable housing for all economic segments of the population of Utah, including a
8    variety of residential densities and housing types, and preservation of existing housing stock;
9        (c) conservation of agricultural and forest lands and avoidance of incompatible uses in
10    these areas;
11        (d) retention of open space and development of recreational opportunities, conservation
12    of fish and wildlife habitat, access to natural resource lands and water, and development of parks;
13        (e) protection of the environment and enhancement of Utah's quality of life, including air
14    and water quality;
15        (f) transportation systems that facilitate and are coordinated with Subsections (a) through
16    (e) above;
17        (g) economic development that is consistent with Subsections (a) through (e) above and
18    coordinated with transportation planning;
19        (h) rights of property owners;
20        (i) making of governmental land use decisions at the local level; and
21        (j) coordination of general planning with adjoining or affected entities.
22        (5) "Local government" means any county or municipal government, or township created
23    under Section 17-27a-104.
24        (6) (a) "Interlocal coordination plan" means a growth plan that is established by an entity
25    regarding air quality, transportation, land use, and water and:
26        (i) is compatible with the regional growth policy as that entity's functions involve or affect
27    those policies; or
28        (ii) if a regional growth policy for the area where the entity is located has not yet been
29    adopted, addresses the growth policy issues.
30        (b) An interlocal coordination plan may be a part or element of the general plan of a
31    county or municipality.

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1        (7) "Regional growth policy" means a growth policy established under Section 11-38-103
2    by a joint and cooperative effort of entities:
3        (a) located within the geographical area of an AOG; and
4        (b) who choose to participate in the formulation of the policy.
5        Section 14. Section 11-38-103 is enacted to read:
6         11-38-103. Regional growth policy.
7        (1) The entities within the boundaries of an AOG shall jointly establish a regional growth
8    policy for the area encompassed by the boundaries.
9        (2) The regional growth policy shall:
10        (a) address the growth policy issues;
11        (b) be formulated in an open and cooperative process that includes:
12        (i) public notice; and
13        (ii) opportunity for representatives of entities, representatives of interested federal
14    agencies, and members of the public to participate fully; and
15        (c) reflect, as accurately as possible, the interests and recommendations of the public and
16    the participating entities, as presented during the formulation process.
17        (3) (a) The AOG shall initiate the formulation process by establishing a date and location
18    for the initial meeting and providing public notice of the date and location.
19        (b) The public and representatives of all entities within the AOG have equal right and
20    standing to participate and present recommendations during the formulation process.
21        Section 15. Section 11-38-104 is enacted to read:
22         11-38-104. The role of the AOG as facilitator in planning.
23        (1) The role of an AOG under this chapter is to facilitate, coordinate, and otherwise assist
24    in the planning processes of the local governments and other entities within the AOG.
25        (2) The AOG is not authorized under this chapter to direct, mandate, or otherwise affect
26    the decisions of the entities subject to, or engaged in, the planning process under this chapter.
27        Section 16. Section 11-38-105 is enacted to read:
28         11-38-105. Entities to adopt interlocal coordination plans.
29        (1) (a) Each entity, as defined in this chapter, shall prepare an interlocal coordination plan
30    regarding any activities or functions of the entity that involve or can reasonably be expected to
31    affect air quality, transportation, land use, or water resources.

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1        (b) The interlocal coordination plan shall be compatible with the regional growth policy
2    established under Section 11-38-103 for the AOG area where the entity is located.
3        (c) In developing the interlocal coordination plan, the entity shall provide public notice
4    of the interlocal coordination plan preparation, and opportunity to participate in and provide input
5    in the plan preparation process, to the public and:
6        (i) all entities that will be affected, or may reasonably be expected to be affected, by the
7    interlocal coordination plan;
8        (ii) any entity adjacent to or sharing a boundary with the planning entity; and
9        (iii) any agency or local government that grants any permit or other authorization to the
10    entity in order for it to carry out any of the activities that involve or can reasonably be expected
11    to affect air quality, transportation, land use, or water resources.
12        (2) If the entity subject to this section is a local government, the interlocal coordination
13    plan may be a part or element of that local government's general plan.
14        Section 17. Section 11-38-106 is enacted to read:
15         11-38-106. Dispute resolution process.
16        (1) (a) The entities within the boundaries of each participating AOG shall jointly establish
17    a dispute resolution process to serve as a forum for resolving disagreements, regarding
18    compatibility of interlocal coordination plans, that may arise during the development of those
19    plans under this chapter.
20        (b) Any dispute resolution process established under this subsection shall provide for
21    participation by representatives of each party involved in the dispute.
22        (2) The participating AOGs shall jointly establish a dispute resolution process to serve as
23    a forum for resolving conflicts between regional growth policies or between interlocal coordination
24    plans of entities whose mutual boundary is also a boundary between two AOGs.
25        (3) The dispute resolution processes established under this section shall be advisory only.
26        Section 18. Section 11-38-107 is enacted to read:
27         11-38-107. Interlocal coordination plan and regional growth policy review.
28        (1) An entity shall review an interlocal coordination plan or regional growth policy it
29    adopts under this chapter not less than every five years from the date the plan or policy is
30    implemented.
31        (2) The review process shall include public notice and opportunity for participation of

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1    entities and the general public to the same extent as required by the interlocal coordination plan
2    or regional growth policy preparation process, as applicable, under this section.
3        Section 19. Section 11-38-108 is enacted to read:
4         11-38-108. Permits and authorizations to be compatible with interlocal coordination
5     plans.
6        An entity that grants any permit or other authorization to any applicant in order for that
7    applicant to carry out any activities that involve or can reasonably be expected to affect air quality,
8    transportation, land use, or water resources shall, when determining whether to grant the permit
9    or authorization:
10        (1) provide public notice and opportunity for comment from the public and affected local
11    governments; and
12        (2) require the applicant to provide a written statement from the local government where
13    the activity is to be carried out, indicating the proposed permit or authorization is compatible with
14    the local government's interlocal coordination plan.
15        Section 20. Section 17-27-103 is amended to read:
16         17-27-103. Definitions -- Notice.
17        (1) As used in this chapter:
18        (a) "Agency" has the same meaning as in Section 11-38-102.
19        [(a)] (b) "Billboard" means a freestanding ground sign located on industrial, commercial,
20    or residential property if the sign is designed or intended to direct attention to a business, product,
21    or service that is not sold, offered, or existing on the property where the sign is located.
22        [(b)] (c) "Chief executive officer" means the county executive, or if the county has adopted
23    an alternative form of government, the official who exercises the executive powers.
24        [(c)] (d) "Conditional use" means a land use that, because of its unique characteristics or
25    potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
26    compatible in some areas or may be compatible only if certain conditions are required that mitigate
27    or eliminate the detrimental impacts.
28        [(d)] (e) "County" means the unincorporated area of the county.
29        [(e)] (f) "Elderly person" means a person who is 60 years old or older, who desires or
30    needs to live with other elderly persons in a group setting, but who is capable of living
31    independently.

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1        (g) "Entity" has the same meaning as in Section 11-38-102.
2        [(f)] (h) (i) "General plan" means a document that a county adopts that sets forth general
3    guidelines for proposed future development of the land within the county, as set forth in Sections
4    17-27-301 and 17-27-302.
5        (ii) "General plan" includes what is also commonly referred to as a "master plan."
6        (i) "Growth policy issues" means the issues listed under Section 11-38-102.
7        [(g)] (j) "Handicapped person" means a person who:
8        (i) has a severe, chronic disability attributable to a mental or physical impairment, or to
9    a combination of mental and physical impairments, that is likely to continue indefinitely and that
10    results in a substantial functional limitation in three or more of the following areas of major life
11    activity:
12        (A) self-care;
13        (B) receptive and expressive language;
14        (C) learning;
15        (D) mobility;
16        (E) self-direction;
17        (F) capacity for independent living; and
18        (G) economic self-sufficiency; and
19        (ii) requires a combination or sequence of special interdisciplinary or generic care,
20    treatment, or other services that are individually planned and coordinated to allow the person to
21    function in, and contribute to, a residential neighborhood.
22        (k) "Interlocal coordination plan" has the same meaning as in Section 11-38-102.
23        [(h)] (l) "Legislative body" means the county legislative body, or for a county that has
24    adopted an alternative form of government, the body exercising legislative powers.
25        [(i)] (m) "Lot line adjustment"means the relocation of the property boundary line between
26    two adjoining lots with the consent of the owners of record.
27        [(j)] (n) "Municipality" means a city or town.
28        [(k)] (o) "Nonconforming structure" means a structure that:
29        (i) legally existed before its current zoning designation; and
30        (ii) because of subsequent zoning changes, does not conform with the zoning regulation's
31    setback, height restrictions, or other regulations that govern the structure.

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1        [(l)] (p) "Nonconforming use" means a use of land that:
2        (i) legally existed before its current zoning designation;
3        (ii) has been maintained continuously since the time the zoning regulation governing the
4    land changed; and
5        (iii) because of subsequent zoning changes, does not conform with the zoning regulations
6    that now govern the land.
7        [(m)] (q) "Official map" means a map of proposed streets that has the legal effect of
8    prohibiting development of the property until the county develops the proposed street.
9        [(n)] (r) (i) "Residential facility for elderly persons" means a single-family or
10    multiple-family dwelling unit that meets the requirements of Part 5 and any ordinance adopted
11    under authority of that part.
12        (ii) "Residential facility for elderly persons" does not include a health care facility as
13    defined by Section 26-21-2.
14        [(o)] (s) "Residential facility for handicapped persons" means a single-family or
15    multiple-family dwelling unit that meets the requirements of Part 6 and any ordinance adopted
16    under authority of that part.
17        [(p)] (t) "Special district" means all entities established under the authority of Title 17A
18    and any other governmental or quasi-governmental entity that is not a county, municipality, school
19    district, or unit of the state.
20        [(q)] (u) "Street" means public rights-of-way, including highways, avenues, boulevards,
21    parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
22    other ways.
23        [(r)] (v) (i) "Subdivision" means any land that is divided, resubdivided or proposed to be
24    divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose,
25    whether immediate or future, for offer, sale, lease, or development either on the installment plan
26    or upon any and all other plans, terms, and conditions.
27        (ii) "Subdivision" includes the division or development of land whether by deed, metes
28    and bounds description, devise and testacy, lease, map, plat, or other recorded instrument.
29        (iii) "Subdivision" does not include a bona fide division or partition of agricultural land
30    for agricultural purposes or of commercial, manufacturing, or industrial land for commercial,
31    manufacturing, or industrial purposes.

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1        [(s)] (w) "Unincorporated" means the area outside of the incorporated boundaries of cities
2    and towns.
3        (2) (a) A county meets the requirements of reasonable notice required by this chapter if
4    it:
5        (i) posts notice of the hearing or meeting in at least three public places within the
6    jurisdiction and publishes notice of the hearing or meeting in a newspaper of general circulation
7    in the jurisdiction, if one is available; or
8        (ii) gives actual notice of the hearing or meeting.
9        (b) A county legislative body may enact an ordinance establishing stricter notice
10    requirements than those required by this subsection.
11        (c) (i) Proof that one of the two forms of notice authorized by this subsection was given
12    is prima facie evidence that notice was properly given.
13        (ii) If notice given under authority of this section is not challenged as provided in Section
14    17-27-1001 within 30 days from the date of the meeting for which the notice was given, the notice
15    is considered adequate and proper.
16        Section 21. Section 17-27-105 is amended to read:
17         17-27-105. Property owned by other government units -- Effect of land use and
18     development ordinances.
19        (1) (a) Each county, municipality, school district, special district, and political subdivision
20    [of Utah] shall conform to, and agencies shall be compatible with, the general plan, interlocal
21    coordination plan, and land use and development ordinances of any county when granting permits
22    or other authorization, or installing, constructing, operating, or otherwise using any area, land, or
23    building situated within that county [only in a manner or for a purpose that conforms to that
24    county's ordinances], except as provided under Subsection (b).
25        (b) When state agencies construct, operate, or otherwise use any area, land, or building,
26    or grant permits or other authorizations within a county that involve or may reasonably be
27    expected to affect air quality, transportation, land use, or water, state agencies shall, prior to taking
28    action:
29        (i) notify the county of its intentions;
30        (ii) provide an opportunity for the county and the public to provide comment and input;
31    and

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1        (iii) coordinate with the interlocal coordination plan and land use and development
2    ordinances of the affected county.
3        [(b)] (c) In addition to any other remedies provided by law, when a county's general plan,
4    interlocal coordination plan, or land use and development ordinances are being violated or about
5    to be violated by another political subdivision, that county may institute injunction, mandamus,
6    abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove the
7    improper installation, improvement, or use.
8        (2) A school district is subject to a county's general plan, interlocal coordination plan, and
9    land use and development regulations under this chapter, except that a county may not:
10        (a) impose requirements for landscaping, fencing, aesthetic considerations, construction
11    methods or materials, building codes, building use for educational purposes, or the placement or
12    use of temporary classroom facilities on school property;
13        (b) require a school district to participate in the cost of any roadway or sidewalk not
14    reasonably necessary for the safety of school children and not located on or contiguous to school
15    property, unless the roadway or sidewalk is required to connect an otherwise isolated school site
16    to an existing roadway;
17        (c) require a district to pay fees not authorized by this section;
18        (d) provide for inspection of school construction or assess a fee or other charges for
19    inspection, unless neither the school district nor the state superintendent has provided for
20    inspection by an inspector, other than the project architect or contractor, who is qualified under
21    criteria established by the state superintendent with the approval of the state building board and
22    state fire marshal; or
23        (e) require a school district to pay any impact fee for an improvement project that is not
24    reasonably related to the impact of the project upon the need that the improvement is to address[;
25    or].
26        [(f) impose regulations upon the location of a project except as necessary to avoid
27    unreasonable risks to health or safety.]
28        Section 22. Section 17-27-201 is amended to read:
29         17-27-201. Planning commission -- Appointment, term, vacancy, and compensation.
30        (1) Each county [may] preparing a general plan, an interlocal coordination plan, or any
31    land use ordinance shall enact an ordinance establishing:

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1        (a) one countywide planning commission; or
2        (b) one district planning commission for each planning district.
3        (2) If the county establishes a countywide planning commission, the ordinance shall
4    define:
5        (a) the number and terms of the members;
6        (b) the mode of appointment;
7        (c) the procedures for filling vacancies and removal from office; and
8        (d) other details relating to the organization and procedures of the planning commission.
9        (3) (a) If the county establishes district planning commissions, the county legislative body
10    shall enact an ordinance defining appointment procedures, procedures for filling vacancies and
11    removing members from office, and other details relating to the organization and procedures of
12    each district planning commission.
13        (b) Each district planning commission shall consist of seven members appointed by the
14    county executive with the advice and consent of the county legislative body.
15        (c) [(i)] Members shall serve three-year terms and until their successors are appointed and
16    qualified[. (ii) Notwithstanding the provisions of Subsection (3)(c)(i)], except that the chief
17    executive shall appoint members of the [first] initial district planning commissions so that, for each
18    commission, the terms of at least two members and no more than three members expire each year.
19        (4) The legislative body may fix per diem compensation for the members of the planning
20    commission, based on necessary and reasonable expenses and on meetings actually attended.
21        Section 23. Section 17-27-204 is amended to read:
22         17-27-204. Powers and duties.
23        (1) A countywide planning commission shall:
24        (a) prepare and recommend to the legislative body as provided in this chapter a general
25    plan, which may include an interlocal coordination plan, and amendments to the general plan [to
26    the legislative body as provided in this chapter];
27        (b) recommend zoning ordinances and maps, and amendments to zoning ordinances and
28    maps, to the legislative body as provided in this chapter;
29        (c) administer provisions of the zoning ordinance, where specifically provided for in the
30    zoning ordinance adopted by the legislative body;
31        (d) recommend subdivision regulations and amendments to those regulations to the

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1    legislative body as provided in this chapter;
2        (e) recommend approval or denial of subdivision applications as provided in this chapter;
3        (f) advise the legislative body on matters as the legislative body directs;
4        (g) hear or decide any matters that the legislative body designates, including the approval
5    or denial of, or recommendations to approve or deny, conditional use permits;
6        (h) exercise any other powers:
7        (i) that are necessary to enable it to perform its function; or
8        (ii) delegated to it by the legislative body.
9        (2) Each district planning commission shall:
10        (a) prepare and recommend to the legislative body as provided in this chapter a general
11    plan, which may include an interlocal coordination plan, for the planning district and amendments
12    to the general plan [to the legislative body as provided in this chapter];
13        (b) recommend zoning ordinances and maps, and amendments to zoning ordinances and
14    maps, to the legislative body as provided in this chapter;
15        (c) administer provisions of the zoning ordinance, where specifically provided for in the
16    zoning ordinance adopted by the legislative body;
17        (d) recommend subdivision regulations and amendments to those regulations to the
18    legislative body as provided in this chapter;
19        (e) recommend approval or denial of subdivision applications as provided in this chapter;
20        (f) advise the legislative body on matters as the legislative body directs;
21        (g) hear or decide any matters that the legislative body designates, including the approval
22    or denial of, or recommendations to approve or deny, conditional use permits;
23        (h) exercise any other powers:
24        (i) [that are] necessary to enable it to perform its function; or
25        (ii) delegated to it by the legislative body.
26        (3) The planning commissions shall ensure actions taken under this section are consistent
27    with any general plan and any interlocal coordination plan adopted at that time.
28        Section 24. Section 17-27-301 is amended to read:
29         17-27-301. General plan.
30        (1) In order to accomplish the purposes set forth in this chapter, each county shall prepare
31    and adopt a comprehensive, long range general plan [for] that:

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1        (a) addresses the present and future needs of the county; [and]
2        (b) addresses the growth and development of the land within the county or any part of the
3    county, including uses of land for urbanization, trade, industry, residential, agricultural, wildlife
4    habitat, and other purposes[.]; and
5        (c) provides for coordination with the plans and needs of entities located adjacent to or
6    within the county.
7        (2) The plan may also provide for:
8        (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
9    activities, aesthetics, and recreational, educational, and cultural opportunities;
10        (b) the reduction of the waste of physical, financial, or human resources that result from
11    either excessive congestion or excessive scattering of population;
12        (c) the efficient and economical use, conservation, and production of the supply of:
13        (i) food and water; and
14        (ii) drainage, sanitary, and other facilities and resources;
15        (d) the use of energy conservation and solar and renewable energy resources;
16        (e) [the protection of urban] issues involving growth and development; and
17        (f) the protection and promotion of air quality.
18        (3) The plan may define the county's local customs, local culture, and the components
19    necessary for the county's economic stability.
20        (4) The county may determine the comprehensiveness, extent, and format of the general
21    plan.
22        Section 25. Section 17-27-302 is amended to read:
23         17-27-302. General plan preparation.
24        (1) [(a)] The planning commission shall make and recommend to the legislative body a
25    proposed general plan for the area within the county.
26        (2) In preparing or amending the general plan, the planning commission shall:
27        (a) be consistent with the interlocal coordination plan required under Section 11-38-105;
28        (b) provide public notice and opportunity to participate regarding the planning process for
29    the proposed plan to the entities and the public:
30        (i) located within the area the plan affects or may reasonably be expected to affect; and
31        (ii) whose boundaries are within or are adjacent to any portion of the county the plan

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1    addresses.
2        [(b) (i)] (3) (a) The general plan may include planning for incorporated areas if, in the
3    planning commission's judgment, [they] the areas are related to the planning of the unincorporated
4    territory or of the county as a whole.
5        [(ii)] (b) Elements of the county plan that address incorporated areas are not an official
6    plan or part of a municipal plan for any municipality, unless it is adopted by the municipal
7    planning commission and the governing body of the municipality.
8        (4) If a disagreement regarding the proposed interlocal coordination plan arises between
9    the county and any entity claiming to be affected by any part of the plan, the county and the entity
10    shall submit the issue to the dispute resolution process established under Section 11-38-106.
11        [(2)] (5) The general plan, with the accompanying maps, plats, charts and descriptive and
12    explanatory matter, shall show the planning commission's recommendations for the development
13    of the territory covered by the plan, and may include, among other things:
14        (a) a land use element that:
15        (i) designates the proposed general distribution and location and extent of uses of land for
16    housing, business, industry, agriculture, recreation, education, public buildings and grounds, open
17    space, and other categories of public and private uses of land as appropriate; and
18        (ii) may include a statement of the standards of population density and building intensity
19    recommended for the various land use categories covered by the plan;
20        (b) a transportation and circulation element consisting of the general location and extent
21    of existing and proposed freeways, arterial and collector streets, mass transit, and any other modes
22    of transportation that are appropriate, all correlated with the land use element of the plan;
23        (c) an environmental element that addresses:
24        (i) the protection, conservation, development, and use of natural resources, including the
25    quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other
26    natural resources; and
27        (ii) the reclamation of land, flood control, prevention and control of the pollution of
28    streams and other waters, regulation of the use of land on hillsides, stream channels and other
29    environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
30    protection of watersheds and wetlands, and the mapping of known geologic hazards;
31        (d) a public services and facilities element showing general plans for sewage, waste

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1    disposal, drainage, local utilities, rights-of-way, easements, and facilities for them, police and fire
2    protection, and other public services;
3        (e) a rehabilitation, redevelopment, and conservation element consisting of plans and
4    programs for:
5        (i) historic preservation; and
6        (ii) the elimination of blight and for redevelopment, including housing sites, business and
7    industrial sites, and public building sites;
8        (f) an economic element composed of appropriate studies and an economic development
9    plan that may include review of county revenue and expenditures, revenue sources, identification
10    of base and residentiary industry, primary and secondary market areas, employment, and retail
11    sales activity;
12        (g) recommendations for implementing the plan, including the use of zoning ordinances,
13    subdivision ordinances, capital improvement plans, and other appropriate actions; and
14        (h) any other elements that the county considers appropriate.
15        Section 26. Section 17-27-303 is amended to read:
16         17-27-303. Plan adoption.
17        (1) (a) After completing a proposed general plan for all or part of the area within the
18    county, the planning commission shall schedule and hold a public hearing on the proposed plan.
19        (b) The planning commission shall provide reasonable notice of the public hearing at least
20    14 days before the date of the hearing.
21        (c) After the public hearing, the planning commission may make changes to the proposed
22    general plan.
23        (2) The planning commission shall then forward the proposed general plan to the
24    legislative body.
25        (3) (a) The legislative body shall hold a public hearing on the proposed general plan
26    recommended to it by the planning commission.
27        (b) The legislative body shall provide reasonable notice of the public hearing at least 14
28    days before the date of the hearing.
29        (4) After the public hearing, the legislative body may make any modifications to the
30    proposed general plan that it considers appropriate and consistent with the interlocal coordination
31    plan.

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1        (5) The legislative body may:
2        (a) adopt the proposed general plan without amendment;
3        (b) amend the proposed general plan and adopt or reject it as amended; or
4        (c) reject the proposed general plan.
5        [(6) (a) The general plan is an advisory guide for land use decisions.]
6        [(b) The legislative body may adopt an ordinance mandating compliance with the general
7    plan.]
8        (6) All zoning and land use ordinances, and other regulations of the county shall be
9    consistent with the general plan and the interlocal coordination plan.
10        Section 27. Section 17-27-303.5 is enacted to read:
11         17-27-303.5. Updating general plans.
12        (1) General plans adopted under this chapter shall be updated or readopted not less
13    frequently than every five years from the date the original plan is adopted.
14        (2) The procedure in conducting the update shall include at a minimum the same notice
15    and opportunities for input in the process as required for the preparation of an original plan under
16    this chapter.
17        Section 28. Section 17-27-402 is amended to read:
18         17-27-402. Preparation and adoption.
19        (1) [The] (a) If the county implements a zoning ordinance, the planning commission shall
20    prepare and recommend to the legislative body [a] the proposed zoning ordinance, including both
21    the full text of the zoning ordinance and maps, that represents the commission's recommendations
22    for zoning all or any part of the area within the county.
23        (b) The proposed ordinance shall be consistent with the general plan and interlocal
24    coordination plan adopted by the county.
25        (2) As part of the zoning ordinance preparation process, the planning commission shall
26    provide at least 14 days' notice of the hearing, and the opportunity to provide written comment,
27    to governmental entities whose boundaries, or any portion of their boundaries, are:
28        (a) located within or are adjacent to the area of the county the proposed zoning ordinance
29    addresses; or
30        (b) are within an area adjacent to the area the proposed zoning ordinance addresses or
31    could reasonably be expected to affect.

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1        [(2)] (3) (a) The legislative body shall hold a public hearing on the proposed zoning
2    ordinance recommended to it by the planning commission.
3        [(b)] (4) The legislative body shall provide reasonable notice of the public hearing at least
4    14 days before the date of the hearing.
5        [(3)] (5) After the public hearing, the legislative body may:
6        (a) adopt the zoning ordinance as proposed;
7        (b) amend the zoning ordinance and adopt or reject the zoning ordinance as amended; or
8        (c) reject the ordinance.
9        Section 29. Section 17-27-404 is amended to read:
10         17-27-404. Temporary regulations.
11        (1) [(a)] The legislative body may, without a public hearing, enact ordinances establishing
12    temporary zoning regulations for any part or all of the area within the county [if:] and in
13    compliance with this section.
14        (2) If the legislative body has adopted a general plan, an interlocal coordination plan, or
15    both, temporary zoning regulations may be enacted under this section if:
16        (a) the zoning regulations are consistent with any adopted general plan and interlocal
17    coordination plan;
18        [(i)] (b) the legislative body makes a finding of compelling, countervailing public interest;
19    or
20        [(ii)] (c) the area is unzoned.
21        (3) If the legislative body has not adopted a general plan or an interlocal coordination plan,
22    temporary zoning regulations may be enacted under this section if:
23        (a) the legislative body makes a finding of compelling, countervailing public interest; or
24        (b) the area is unzoned.
25        [(b)] (4) Those temporary zoning regulations enacted in compliance with this section may
26    prohibit, restrict, or regulate the erection, construction, reconstruction, or alteration of any building
27    or structure or subdivision approval.
28        [(2)] (5) The legislative body shall establish a period of limited effect for temporary
29    ordinances not to exceed six months.
30        Section 30. Section 17-27-801 is amended to read:
31         17-27-801. Enactment of subdivision ordinance.

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1        [The] If the legislative body of any county [may enact] enacts a subdivision ordinance
2    [requiring], the ordinance shall:
3        (1) be consistent with the general plan and the interlocal coordination plan of the county;
4    and
5        (2) require that a subdivision plat comply with the provisions of the subdivision ordinance
6    and be approved as required by this part before:
7        [(1)] (a) it may be filed or recorded in the county recorder's office; and
8        [(2)] (b) lots may be sold.
9        Section 31. Repealer.
10        This act repeals:
11        Section 10-9-401, General powers.
12        Section 17-27-401, General powers.

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