S.B. 99

1

COUNTY PLANNING AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: LeRay McAllister
5 AN ACT RELATING TO COUNTIES; CHANGING THOSE AUTHORIZED TO PETITION
6 FOR ESTABLISHMENT OR DISSOLUTION OF PLANNING DISTRICT AND
7 COMMISSION FROM PROPERTY OWNERS TO REGISTERED VOTERS; MODIFYING
8 THE NOTICE PROVISIONS RELATING TO PUBLIC HEARINGS; IMPOSING
9 RESIDENCY REQUIREMENT ON MEMBERS OF DISTRICT PLANNING COMMISSION;
10 MODIFYING PROVISIONS FOR DISSOLUTION OF PLANNING DISTRICT; REQUIRING
11 PLANNING DISTRICT PUBLIC HEARINGS TO BE HELD WITHIN THE DISTRICT; AND
12 MAKING TECHNICAL CORRECTIONS.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
15 17-27-200.5, as last amended by Chapter 157, Laws of Utah 1996
16 17-27-201, as last amended by Chapters 179 and 225, Laws of Utah 1995
17 17-27-301, as last amended by Chapter 257, Laws of Utah 1994
18 17-27-302, as last amended by Chapters 23 and 93, Laws of Utah 1992
19 17-27-303, as last amended by Chapter 23, Laws of Utah 1992
20 17-27-401, as enacted by Chapter 235, Laws of Utah 1991
21 17-27-402, as last amended by Chapter 23, Laws of Utah 1992
22 17-27-701, as last amended by Chapter 179, Laws of Utah 1995
23 17-27-801, as enacted by Chapter 235, Laws of Utah 1991
24 27-12-136.3, as last amended by Chapter 12, Laws of Utah 1994
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 17-27-200.5 is amended to read:
27 17-27-200.5. Planning districts.

1 (1) (a) Any county legislative body may enact an ordinance establishing a planning district
2 within the county or dividing the county into planning districts.
3 (b) If 25% of the [private real property owners] registered voters in a contiguous area of
4 the county petition the county legislative body to establish a planning district for that area and to
5 appoint district planning commissioners, the county legislative body shall:
6 (i) hold a public hearing to discuss the petition;
7 (ii) [at least one week before the public hearing, publish notice of the petition and the time,
8 date, and place] provide reasonable notice of the public hearing at least [once in a newspaper of
9 general circulation in the county] 14 days before the hearing; and
10 (iii) at the public hearing, consider oral and written testimony from the public and vote on
11 the question of whether or not to establish a planning district.
12 (c) If the county legislative body establishes a planning district pursuant to a petition, the
13 county legislative body shall appoint district planning commissioners from among residents of the
14 district to perform the duties established in this part for the planning district.
15 (d) In a county of the first or second class, the county legislative body shall ensure that
16 each planning district contains at least 20% but not more than 80% of the county's total private
17 land area or locally assessed taxable property.
18 (2) (a) If the county legislative body establishes planning districts without having received
19 a petition, the county legislative body may:
20 (i) designate one [county-wide] countywide planning commission to perform the duties
21 established in this part for each planning district and for the county as a whole; or
22 (ii) designate a district planning commission for each planning district.
23 (b) (i) If the county legislative body fails to designate a district planning commission for
24 each planning district, 40% of the [private real property owners] registered voters in the area
25 proposed to be included in the planning district as shown by the last county [assessment roll] voter
26 registration records may petition the county legislative body to designate and appoint a district
27 planning commission for the planning district from among residents of the district.
28 (ii) If the county legislative body determines that the petition is validly signed by 40%
29 of the [private real property owners] registered voters in the planning district as shown by the last
30 county [assessment roll] voter registration records, it shall designate and appoint a district planning
31 commission for the planning district from among residents of the district.

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1 (3) (a) A county legislative body may dissolve a district planning [commissions]
2 commission created under the authority of this section only by following the procedures and
3 requirements of this Subsection (3).
4 (b) If 20% of the [private real property owners in the county] registered voters residing in
5 a planning district petition the county legislative body to dissolve the district planning
6 [commissions] commission and to appoint a [county-wide] countywide planning commission, the
7 county legislative body shall:
8 (i) hold a public hearing to discuss the petition;
9 (ii) [at least one week before the public hearing, publish notice of the petition and the time,
10 date, and place] provide reasonable notice of the public hearing at least [once in a newspaper of
11 general circulation in the county] 14 days before the hearing; and
12 (iii) at the public hearing, consider oral and written testimony from the [public] residents
13 of the planning district proposed to be dissolved and vote on the question of whether or not to
14 dissolve the district planning [commissions and to] commission.
15 (c) If by dissolving a district planning commission only one district planning commission
16 remains, the county legislative body shall designate and appoint a [county-wide] countywide
17 planning commission.
18 [(c)] (d) (i) If the county legislative body fails to dissolve a district planning [commissions
19 and to appoint a county-wide planning] commission when petitioned to do so [by private real
20 property owners] under this Subsection (3), 40% of [private real property owners in the county]
21 the registered voters in the planning district as shown by the last county [assessment roll] voter
22 registration records may petition the county legislative body to dissolve the district planning
23 [commissions and to appoint a county-wide planning] commission.
24 (ii) If the county legislative body determines that the petition is validly signed by 40%
25 of [private real property owners] registered voters in the planning district as shown by the last
26 county [assessment roll] voter registration records, it shall dissolve the district planning
27 [commissions and appoint a county-wide planning] commission.
28 Section 2. Section 17-27-201 is amended to read:
29 17-27-201. Establishment of commission -- Appointment, term, vacancy, and
30 compensation.
31 (1) [Each] A county may 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)] (2) (a) If the county establishes a countywide planning commission or district
10 planning commissions, the county legislative body shall enact an ordinance defining appointment
11 procedures, procedures for filling vacancies and removing members from office, and other details
12 relating to the organization and procedures of the countywide planning commission or each district
13 planning commission.
14 (b) [Each] The countywide or each district planning commission shall consist of seven
15 members appointed by the county executive with the advice and consent of the county legislative
16 body. Each district planning commission member shall be selected from among residents of the
17 district.
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)] (2)(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 3. Section 17-27-301 is amended to read:
26 17-27-301. General plan.
27 (1) In order to accomplish the purposes set forth in this chapter, each county or planning
28 district shall prepare and adopt a comprehensive general plan for:
29 (a) the present and future needs of the county or planning district; and
30 (b) the growth and development of the land within the county or any part of the county,
31 or within the planning district, including uses of land for urbanization, trade, industry, residential,

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1 agricultural, wildlife habitat, and other purposes.
2 (2) The plan may provide for:
3 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
4 activities, aesthetics, and recreational, educational, and cultural opportunities;
5 (b) the reduction of the waste of physical, financial, or human resources that result from
6 either excessive congestion or excessive scattering of population;
7 (c) the efficient and economical use, conservation, and production of the supply of:
8 (i) food and water; and
9 (ii) drainage, sanitary, and other facilities and resources;
10 (d) the use of energy conservation and solar and renewable energy resources;
11 (e) the protection of urban development; and
12 (f) the protection and promotion of air quality.
13 (3) The plan may define the [county's] local customs, local culture, and the components
14 necessary for the [county's] economic stability of the county or planning district.
15 (4) The county or planning district may determine the comprehensiveness, extent, and
16 format of the general plan.
17 Section 4. Section 17-27-302 is amended to read:
18 17-27-302. Plan preparation.
19 (1) (a) [The] A countywide or district planning commission shall make and recommend
20 to the county legislative body a proposed general plan for the area within the county or planning
21 district.
22 (b) (i) The plan may include planning for incorporated areas if, in the planning
23 commission's judgment, they are related to the planning of the unincorporated territory or of the
24 county as a whole.
25 (ii) Elements of the [county] general plan that address incorporated areas are not an official
26 plan or part of a municipal plan for any municipality, unless it is adopted by the municipal
27 planning commission and the governing body of the municipality.
28 (2) The general plan, with the accompanying maps, plats, charts and descriptive and
29 explanatory matter, shall show the planning commission's recommendations for the development
30 of the territory covered by the plan, and may include, among other things:
31 (a) a land use element that:

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

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1 Section 5. Section 17-27-303 is amended to read:
2 17-27-303. Plan adoption.
3 (1) (a) After completing a proposed general plan for all or part of the area within the
4 county or for a planning district, the planning commission shall schedule and hold a public hearing
5 on the proposed plan. A public hearing on the proposed planning district general plan shall be held
6 within the district.
7 (b) The planning commission shall provide reasonable notice of the public hearing at least
8 14 days before the date of the hearing.
9 (c) After the public hearing, the planning commission may make changes to the proposed
10 general plan.
11 (2) The planning commission shall then forward the proposed general plan to the
12 legislative body.
13 (3) (a) The legislative body shall hold a public hearing on the proposed general plan
14 recommended to it by the planning commission.
15 (b) The legislative body shall provide reasonable notice of the public hearing at least 14
16 days before the date of the hearing.
17 (4) After the public hearing, the legislative body may make any modifications to the
18 proposed general plan that it considers appropriate.
19 (5) The legislative body may:
20 (a) adopt the proposed general plan without amendment;
21 (b) amend the proposed general plan and adopt or reject it as amended; or
22 (c) reject the proposed general plan.
23 (6) (a) The general plan is an advisory guide for land use decisions.
24 (b) The legislative body may adopt an ordinance mandating compliance with the general
25 plan.
26 Section 6. Section 17-27-401 is amended to read:
27 17-27-401. General powers.
28 The legislative body may enact a countywide or planning district zoning ordinance
29 establishing regulations for land use and development that furthers the intent of this chapter.
30 Section 7. Section 17-27-402 is amended to read:
31 17-27-402. Preparation and adoption.

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1 (1) The countywide or district planning commission shall prepare and recommend to the
2 legislative body a proposed zoning ordinance, including both the full text of the zoning ordinance
3 and maps, that represents the commission's recommendations for zoning all or any part of the area
4 within the county or planning district.
5 (2) (a) The legislative body shall hold a public hearing on the proposed zoning ordinance
6 recommended to it by the planning commission. A public hearing on a proposed planning district
7 zoning ordinance shall be held within the district.
8 (b) The legislative body shall provide reasonable notice of the public hearing at least 14
9 days before the date of the hearing.
10 (3) After the public hearing, the legislative body may:
11 (a) adopt the zoning ordinance as proposed;
12 (b) amend the zoning ordinance and adopt or reject the zoning ordinance as amended; or
13 (c) reject the ordinance.
14 Section 8. Section 17-27-701 is amended to read:
15 17-27-701. Board of adjustment -- Appointment -- Term -- Vacancy.
16 (1) (a) In order to provide for just and fair treatment in the administration of local zoning
17 ordinances, and to ensure that substantial justice is done, each county:
18 (i) adopting a countywide zoning ordinance shall appoint a countywide board of
19 adjustment to exercise the powers and duties provided in this part; or
20 (ii) adopting a district zoning ordinance shall appoint a district board of adjustment to
21 exercise the powers and duties provided in this part.
22 (b) Each member appointed to a board of adjustment for a planning district shall be a
23 resident of that district.
24 (2) (a) The board of adjustment shall consist of five members and whatever alternate
25 members that the chief executive officer considers appropriate.
26 (b) The legislative body shall establish the terms for members of the board of adjustment
27 by ordinance.
28 (c) The chief executive officer shall appoint the members and alternate members with the
29 advice and consent of the legislative body.
30 (d) The chief executive officer shall appoint members of the first board of adjustment to
31 terms so that the term of one member expires each year.

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1 (3) (a) No more than two alternate members may sit at any meeting of the board of
2 adjustment at one time.
3 (b) The legislative body shall make rules establishing a procedure for alternate members
4 to serve in the absence of members of the board of adjustment.
5 (4) (a) The chief executive may remove any member of the board of adjustment for cause
6 if written charges are filed against the member with the chief executive.
7 (b) The chief executive shall provide the member with a public hearing if he requests one.
8 (5) (a) The chief executive officer with the advice and consent of the legislative body shall
9 fill any vacancy.
10 (b) The person appointed shall serve for the unexpired term of the member or alternate
11 member whose office is vacant.
12 Section 9. Section 17-27-801 is amended to read:
13 17-27-801. Enactment of subdivision ordinance.
14 The legislative body of [any] a county may enact a subdivision ordinance for the county
15 or for a planning district requiring that a subdivision plat comply with the provisions of the
16 subdivision ordinance and be approved as required by this part before:
17 (1) it may be filed or recorded in the county recorder's office; and
18 (2) lots may be sold.
19 Section 10. Section 27-12-136.3 is amended to read:
20 27-12-136.3. Definitions.
21 As used in this chapter:
22 (1) "Commercial or industrial activities" means those activities generally recognized as
23 commercial or industrial by zoning authorities in this state, except that none of the following are
24 commercial or industrial activities:
25 (a) agricultural, forestry, grazing, farming, and related activities, including wayside fresh
26 produce stands;
27 (b) transient or temporary activities;
28 (c) activities not visible from the main-traveled way;
29 (d) activities conducted in a building principally used as a residence; and
30 (e) railroad tracks and minor sidings.
31 (2) "Commercial or industrial zone" means only:

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1 (a) those areas within the boundaries of cities or towns that are used or reserved for
2 business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation
3 or comprehensive local zoning ordinances or regulations;
4 (b) those areas within the boundaries of urbanized counties that are used or reserved for
5 business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation
6 or comprehensive local zoning ordinances or regulations;
7 (c) those areas outside the boundaries of urbanized counties and outside the boundaries
8 of cities and towns that:
9 (i) are used or reserved for business, commerce, or trade, or zoned as a highway service
10 zone, under comprehensive local zoning ordinances or regulations or enabling state legislation;
11 and
12 (ii) are within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured
13 from the nearest point of the beginning or ending of the pavement widening at the exit from or
14 entrance to the main-traveled way; or
15 (d) those areas outside the boundaries of urbanized counties and outside the boundaries
16 of cities and towns and not within 8420 feet of an interstate highway exit, off-ramp, or turnoff as
17 measured from the nearest point of the beginning or ending of the pavement widening at the exit
18 from or entrance to the main-traveled way that are reserved for business, commerce, or trade under
19 enabling state legislation or comprehensive local zoning ordinances or regulations, and are actually
20 used for commercial or industrial purposes.
21 (3) "Commercial or industrial zone" does not mean areas zoned for the primary purpose
22 of allowing outdoor advertising.
23 (4) "Comprehensive local zoning ordinances or regulations" means a municipality's
24 comprehensive plan required by Section 10-9-301, the municipal zoning plan authorized by
25 Section 10-9-401, and the county or district master plan authorized by Sections 17-27-301 and
26 17-27-401.
27 (5) "Department" means the Department of Transportation.
28 (6) "Directional signs" means signs containing information about public places owned or
29 operated by federal, state, or local governments or their agencies, publicly or privately owned
30 natural phenomena, historic, cultural, scientific, educational, or religious sites, and areas of natural
31 scenic beauty or naturally suited for outdoor recreation, that the department considers to be in the

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1 interest of the traveling public.
2 (7) (a) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint,
3 draw, or in any other way bring into being.
4 (b) "Erect" does not include any activities defined in Subsection (a) if they are performed
5 incident to the change of an advertising message or customary maintenance of a sign.
6 (8) "Highway service zone" means a highway service area where the primary use of the
7 land is used or reserved for commercial and roadside services other than outdoor advertising to
8 serve the traveling public.
9 (9) "Information center" means an area or site established and maintained at rest areas for
10 the purpose of informing the public of:
11 (a) places of interest within the state; or
12 (b) any other information that the department considers desirable.
13 (10) "Interchange or intersection" means those areas and their approaches where traffic
14 is channeled off or onto an interstate route, including the deacceleration lanes or acceleration lanes
15 from or to another federal, state, county, city, or other route.
16 (11) "Interstate system" means that portion of the national defense system of interstate and
17 defense highways located within this state officially designated by the department and approved
18 by the United States Secretary of Transportation under Title 23, United States Code.
19 (12) "Maintain" means to allow to exist, subject to the provisions of this chapter.
20 (13) "Maintenance" means to repair, refurbish, repaint, or otherwise keep an existing sign
21 structure in a state suitable for use, including signs destroyed by vandalism or an act of God.
22 (14) "Main-traveled way" means the through traffic lanes exclusive of frontage roads,
23 auxiliary lanes, and ramps.
24 (15) "Official signs and notices" means signs and notices erected and maintained by public
25 agencies within their territorial or zoning jurisdictions for the purpose of carrying out official
26 duties or responsibilities in accordance with direction or authorization contained in federal, state,
27 or local law.
28 (16) "Off-premise signs" means signs located in areas zoned industrial, commercial, or
29 H-1 and in areas determined by the department to be unzoned industrial or commercial.
30 (17) "On-premise signs" means signs used to advertise the major activities conducted on
31 the property where the sign is located.

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1 (18) "Outdoor advertising" or "outdoor signs" or "sign" means any outdoor structure,
2 display, light device, figure, painting, drawing, message, plaque, poster, billboard, or other thing
3 designed, intended, or used to advertise or inform.
4 (19) (a) "Outdoor advertising corridor" means:
5 (i) a strip of land 100 feet wide, measured perpendicular from the edge of a controlled
6 highway right-of-way; or
7 (ii) where there is a natural or created usage consisting of a frontage road, city street,
8 county road, controlled or not controlled service road, railroad track, utility easement, or water
9 course running parallel or approximately parallel and contiguous to the controlled highway, the
10 width of the corridor shall extend further to a line 100 feet from the edge of the usage.
11 (b) The width of the outdoor advertising corridor may not exceed 350 feet measured from
12 the edge of the controlled highway right-of-way.
13 (20) "Primary system" means that portion of connected main highways located within this
14 state officially designated by the department and approved by the United States Secretary of
15 Transportation under Title 23, United States Code.
16 (21) "Rest area" means an area or site established and maintained within or adjacent to the
17 right-of-way by or under public supervision or control for the convenience of the traveling public.
18 (22) "Scenic or natural area" means an area determined by the department to have aesthetic
19 value.
20 (23) "Traveled way" means that portion of the roadway used for the movement of vehicles,
21 exclusive of shoulders and auxiliary lanes.
22 (24) (a) "Unzoned commercial or industrial area" means:
23 (i) those areas not zoned by state law or local law, regulation, or ordinance that are
24 occupied by one or more industrial or commercial activities other than outdoor advertising signs;
25 (ii) the lands along the highway for a distance of 600 feet immediately adjacent to those
26 activities; and
27 (iii) lands covering the same dimensions that are directly opposite those activities on the
28 other side of the highway, if the department determines that those lands on the opposite side of the
29 highway do not have scenic or aesthetic value.
30 (b) In measuring the scope of the unzoned commercial or industrial area, all measurements
31 shall be made from the outer edge of the regularly used buildings, parking lots, storage, or

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1 processing areas of the activities and shall be along or parallel to the edge of pavement of the
2 highway.
3 (c) All signs located within an unzoned commercial or industrial area become
4 nonconforming if the commercial or industrial activity used in defining the area ceases for a
5 continuous period of 12 months.
6 (25) "Urbanized county" means a county with a population of at least 125,000 persons.




Legislative Review Note
as of 10-3-96 2:56 PM

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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