S.B. 170

1

LOCAL GOVERNMENT LAND USE AND
2 IMPACT FEE REVISIONS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: L. Alma Mansell
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to local government land use and impact fees.
11 Highlighted Provisions:
12 This bill:
13 . modifies the purposes of the statutory land use provisions;
14 . modifies what counties and municipalities may do in order to accomplish the
15 purposes of the statutory land use provisions;
16 . adds a definition for "affected property owner";
17 . modifies the definitions of "land use application" and "lot line adjustment";
18 . prohibits counties and municipalities from imposing stricter land use requirements
19 or higher land use standards than required under statute;
20 . modifies notice requirements related to land use applications;
21 . makes certain general plan notice requirements apply to all municipalities rather
22 than just those in first and second class counties;
23 . expands the list of required recipients of notice regarding certain land use and
24 general plan actions to include certain property owners;
25 . modifies planning commission duties;
26 . modifies the permissible and required content of general plans;
27 . modifies legislative body authority with respect to land use enactments;

28 . provides that all actions under land use statutes, other than specified legislative
29 body enactments, shall be considered to be administrative in nature;
30 . prohibits counties and municipalities from giving property a zoning designation that
31 materially diminishes the reasonable investment-backed expectations of the owner
32 or deprives the owner of all economically viable uses of the property;
33 . limits zoning changes that make the intensity of permitted uses substantially less
34 than that of property in the same vicinity;
35 . clarifies that adoption of a temporary land use regulation requires the adoption of an
36 ordinance;
37 . prohibits counties and municipalities from delaying consideration of or denying a
38 land use application based on a temporary land use regulation, except as provided in
39 the temporary land use regulation statutory provision;
40 . requires zoning changes to comply as reasonably as practicable to the request of the
41 property owner;
42 . requires legislative body regulation and restriction of the erection, construction,
43 reconstruction, alteration, repair, or use of buildings and structures and the use of
44 land within zoning districts to be reasonable;
45 . modifies the criteria that apply with respect to an applicant's entitlement to approval
46 of a land use application;
47 . provides that recommendations relating to the use of land that are not required
48 under applicable land use ordinances are advisory only;
49 . enacts a provision establishing a procedure and requirements for the processing of a
50 land use application;
51 . modifies provisions relating to noncomplying structures and nonconforming uses,
52 including:
53 . eliminating a provision placing the burden of establishing the legal existence of
54 a noncomplying structure or nonconforming use on the property owner; and
55 . requiring counties and municipalities to allow a use that does not conform to
56 land use ordinances to continue as a nonconforming use if the use has been in
57 existence for seven years;
58 . prohibits counties and municipalities from prohibiting cul-de-sacs that are shorter

59 than 600 feet;
60 . modifies the conditions under which an appeal authority may grant a variance;
61 . requires notice to applicants when a variance or an appeal of a land use decision is
62 denied;
63 . requires courts to consider a decision arbitrary or capricious if it is based on public
64 clamor, based on the personal preferences, desires, or whims of the members of the
65 legislative body, or does not conform to local ordinances or state law;
66 . requires courts to grant the land use application and award court costs and attorney's
67 fees if the decision is arbitrary, capricious, or illegal;
68 . establishes criteria for courts to apply in determining whether there is substantial
69 evidence supporting a land use decision;
70 . creates a presumption if a decision is based on scientific or technical expert
71 testimony;
72 . provides for criminal penalties for county and municipal officers and employees
73 who violate land use ordinances or statutes;
74 . expands notice requirements relating to the intent to prepare a capital facilities plan
75 for impact fee purposes to apply to land located in third class counties;
76 . prohibits the inclusion of certain costs in the calculation of impact fees and requires
77 actual or certified estimates for certain costs;
78 . requires the exclusion of certain expenses when local political subdivisions
79 calculate impact fees;
80 . requires local political subdivisions to use actual or certified estimates for certain
81 amounts that are part of an impact fee calculation;
82 . requires rather than permits a local political subdivision to allow a credit against
83 impact fees for certain items and requires additional amounts to be credited against
84 impact fees;
85 . modifies the requirements for impact fee enactments;
86 . requires local political subdivisions to refund unspent impact fees or to deposit them
87 into a housing loan fund;
88 . requires a specified accounting for impact fees; and
89 . prohibits the collection of impact fees after a certain date unless a local political

90 subdivision's capital facilities plan is updated by that date.
91 Monies Appropriated in this Bill:
92 None
93 Other Special Clauses:
94 None
95 Utah Code Sections Affected:
96 AMENDS:
97 10-9a-102, as renumbered and amended by Chapter 254, Laws of Utah 2005
98 10-9a-103, as last amended by Chapter 7 and renumbered and amended by Chapter
99 254, Laws of Utah 2005
100 10-9a-104, as renumbered and amended by Chapter 254, Laws of Utah 2005
101 10-9a-202, as enacted by Chapter 254, Laws of Utah 2005
102 10-9a-203, as last amended by Chapters 169, 245 and renumbered and amended by
103 Chapter 254, Laws of Utah 2005
104 10-9a-204, as enacted by Chapter 254, Laws of Utah 2005
105 10-9a-205, as enacted by Chapter 254, Laws of Utah 2005
106 10-9a-302, as renumbered and amended by Chapter 254, Laws of Utah 2005
107 10-9a-401, as renumbered and amended by Chapter 254, Laws of Utah 2005
108 10-9a-403, as last amended by Chapter 245 and renumbered and amended by Chapter
109 254, Laws of Utah 2005
110 10-9a-501, as renumbered and amended by Chapter 254, Laws of Utah 2005
111 10-9a-502, as renumbered and amended by Chapter 254, Laws of Utah 2005
112 10-9a-504, as renumbered and amended by Chapter 254, Laws of Utah 2005
113 10-9a-505, as renumbered and amended by Chapter 254, Laws of Utah 2005
114 10-9a-509, as enacted by Chapter 254, Laws of Utah 2005
115 10-9a-511, as last amended by Chapters 7, 49 and renumbered and amended by Chapter
116 254, Laws of Utah 2005
117 10-9a-603, as renumbered and amended by Chapter 254, Laws of Utah 2005
118 10-9a-702, as renumbered and amended by Chapter 254, Laws of Utah 2005
119 10-9a-703, as enacted by Chapter 254, Laws of Utah 2005
120 10-9a-801, as renumbered and amended by Chapter 254, Laws of Utah 2005

121 10-9a-803, as renumbered and amended by Chapter 254, Laws of Utah 2005
122 11-36-201, as last amended by Chapters 169 and 254, Laws of Utah 2005
123 11-36-202, as last amended by Chapter 254, Laws of Utah 2005
124 11-36-302, as enacted by Chapter 11, Laws of Utah 1995, First Special Session
125 11-36-401, as last amended by Chapter 254, Laws of Utah 2005
126 17-27a-102, as renumbered and amended by Chapter 254, Laws of Utah 2005
127 17-27a-103, as last amended by Chapter 7 and renumbered and amended by Chapter
128 254, Laws of Utah 2005
129 17-27a-104, as renumbered and amended by Chapter 254, Laws of Utah 2005
130 17-27a-202, as enacted by Chapter 254, Laws of Utah 2005
131 17-27a-203, as last amended by Chapters 169, 245 and renumbered and amended by
132 Chapter 254, Laws of Utah 2005
133 17-27a-204, as enacted by Chapter 254, Laws of Utah 2005
134 17-27a-205, as enacted by Chapter 254, Laws of Utah 2005
135 17-27a-302, as renumbered and amended by Chapter 254, Laws of Utah 2005
136 17-27a-401, as renumbered and amended by Chapter 254, Laws of Utah 2005
137 17-27a-403, as last amended by Chapter 245 and renumbered and amended by Chapter
138 254, Laws of Utah 2005
139 17-27a-404, as renumbered and amended by Chapter 254, Laws of Utah 2005
140 17-27a-405, as enacted by Chapter 254, Laws of Utah 2005
141 17-27a-409, as renumbered and amended by Chapter 254, Laws of Utah 2005
142 17-27a-501, as renumbered and amended by Chapter 254, Laws of Utah 2005
143 17-27a-502, as renumbered and amended by Chapter 254, Laws of Utah 2005
144 17-27a-504, as renumbered and amended by Chapter 254, Laws of Utah 2005
145 17-27a-505, as renumbered and amended by Chapter 254, Laws of Utah 2005
146 17-27a-508, as enacted by Chapter 254, Laws of Utah 2005
147 17-27a-510, as last amended by Chapters 7, 49 and renumbered and amended by
148 Chapter 254, Laws of Utah 2005
149 17-27a-603, as renumbered and amended by Chapter 254, Laws of Utah 2005
150 17-27a-702, as renumbered and amended by Chapter 254, Laws of Utah 2005
151 17-27a-703, as enacted by Chapter 254, Laws of Utah 2005

152 17-27a-801, as renumbered and amended by Chapter 254, Laws of Utah 2005
153 17-27a-803, as renumbered and amended by Chapter 254, Laws of Utah 2005
154 17-34-6, as last amended by Chapter 254, Laws of Utah 2005
155 ENACTS:
156 10-9a-502.5, Utah Code Annotated 1953
157 10-9a-509.5, Utah Code Annotated 1953
158 11-36-601, Utah Code Annotated 1953
159 17-27a-502.5, Utah Code Annotated 1953
160 17-27a-509.5, Utah Code Annotated 1953
161
162 Be it enacted by the Legislature of the state of Utah:
163 Section 1. Section 10-9a-102 is amended to read:
164 10-9a-102. Purposes -- General land use authority.
165 (1) The purposes of this chapter are to provide for the health, safety, and welfare, and
166 promote the prosperity, improve the morals, peace and good order, [comfort,] and
167 convenience[, and aesthetics] of each municipality and its present and future inhabitants and
168 businesses, to protect property rights, to protect the tax base, to secure economy in
169 governmental expenditures, to foster the state's agricultural and other industries, and to protect
170 both urban and nonurban development[, to protect and ensure access to sunlight for solar
171 energy devices, and to protect property values].
172 (2) To accomplish the purposes of this chapter, municipalities may enact [all]
173 appropriate ordinances, resolutions, and rules that support proper community development and
174 protect property owners' rights to own, hold, develop, and manage their property, and may enter
175 into other forms of land use controls and development agreements that [they consider necessary
176 or] are appropriate for the use and development of land within the municipality, including
177 ordinances, resolutions, rules, restrictive covenants, easements, and development agreements
178 governing uses, density, open spaces, structures, buildings, energy efficiency, light and air, air
179 quality, transportation and public or alternative transportation, infrastructure, street and
180 building orientation and width requirements, public facilities, and height and location of
181 vegetation, trees, and landscaping, unless expressly prohibited by law.
182 Section 2. Section 10-9a-103 is amended to read:

183 10-9a-103. Definitions.
184 As used in this chapter:
185 (1) "Affected entity" means a county, municipality, independent special district under
186 Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B, Chapter 2,
187 Local Districts, school district, interlocal cooperation entity established under Title 11, Chapter
188 13, Interlocal Cooperation Act, specified public utility, or the Utah Department of
189 Transportation, if:
190 (a) the entity's services or facilities are likely to require expansion or significant
191 modification because of an intended use of land;
192 (b) the entity has filed with the municipality a copy of the entity's general or long-range
193 plan; or
194 (c) the entity's boundaries or facilities are within one mile of land which is the subject
195 of a general plan amendment or land use ordinance change.
196 (2) "Affected property owner" means an owner of at least two acres of commercial,
197 residential, agricultural, institutional, or industrial land that is the subject of a proposed change
198 in zoning designation or land use.
199 [(2)] (3) "Appeal authority" means the person, board, commission, agency, or other
200 body designated by ordinance to decide an appeal of a decision of a land use application or a
201 variance.
202 [(3)] (4) "Billboard" means a freestanding ground sign located on industrial,
203 commercial, or residential property if the sign is designed or intended to direct attention to a
204 business, product, or service that is not sold, offered, or existing on the property where the sign
205 is located.
206 [(4)] (5) "Charter school" includes:
207 (a) an operating charter school;
208 (b) a charter school applicant that has its application approved by a chartering entity in
209 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
210 (c) an entity who is working on behalf of a charter school or approved charter applicant
211 to develop or construct a charter school building.
212 [(5)] (6) "Chief executive officer" means the:
213 (a) mayor in municipalities operating under all forms of municipal government except

214 the council-manager form; or
215 (b) city manager in municipalities operating under the council-manager form of
216 municipal government.
217 [(6)] (7) "Conditional use" means a land use that, because of its unique characteristics
218 or potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not
219 be compatible in some areas or may be compatible only if certain conditions are required that
220 mitigate or eliminate the detrimental impacts.
221 [(7)] (8) "Constitutional taking" means a governmental action that results in a taking of
222 private property so that compensation to the owner of the property is required by the:
223 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
224 (b) Utah Constitution Article I, Section 22.
225 [(8)] (9) "Culinary water authority" means the department, agency, or public entity with
226 responsibility to review and approve the feasibility of the culinary water system and sources for
227 the subject property.
228 [(9)] (10) (a) "Disability" means a physical or mental impairment that substantially
229 limits one or more of a person's major life activities, including a person having a record of such
230 an impairment or being regarded as having such an impairment.
231 (b) "Disability" does not include current illegal use of, or addiction to, any federally
232 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
233 802.
234 [(10)] (11) "Elderly person" means a person who is 60 years old or older, who desires
235 or needs to live with other elderly persons in a group setting, but who is capable of living
236 independently.
237 [(11)] (12) "General plan" means a document that a municipality adopts that sets forth
238 general guidelines for proposed future development of the land within the municipality.
239 [(12)] (13) "Identical plans" means building plans submitted to a municipality that are
240 substantially identical to building plans that were previously submitted to and reviewed and
241 approved by the municipality and describe a building that is:
242 (a) located on land zoned the same as the land on which the building described in the
243 previously approved plans is located; and
244 (b) subject to the same geological and meteorological conditions and the same law as

245 the building described in the previously approved plans.
246 [(13)] (14) "Land use application" means an application required by a municipality's
247 land use ordinance relating to the use of land, including an application for approval of a
248 subdivision, development, conditional use permit, development agreement, change in zoning
249 designation, general plan amendment, or other similar action.
250 [(14)] (15) "Land use authority" means a person, board, commission, agency, or other
251 body designated by the local legislative body to act upon a land use application.
252 [(15)] (16) "Land use ordinance" means a planning, zoning, development, or
253 subdivision ordinance of the municipality, but does not include the general plan.
254 [(16)] (17) "Legislative body" means the municipal council.
255 [(17)] (18) "Lot line adjustment" means the relocation of the property boundary line [in
256 a subdivision] between two adjoining lots with the consent of the owners of record.
257 [(18)] (19) "Moderate income housing" means housing occupied or reserved for
258 occupancy by households with a gross household income equal to or less than 80% of the
259 median gross income for households of the same size in the county in which the city is located.
260 [(19)] (20) "Nominal fee" means a fee that reasonably reimburses a municipality only
261 for time spent and expenses incurred in:
262 (a) verifying that building plans are identical plans; and
263 (b) reviewing and approving those minor aspects of identical plans that differ from the
264 previously reviewed and approved building plans.
265 [(20)] (21) "Noncomplying structure" means a structure that:
266 (a) legally existed before its current land use designation; and
267 (b) because of one or more subsequent land use ordinance changes, does not conform
268 to the setback, height restrictions, or other regulations, excluding those regulations, which
269 govern the use of land.
270 [(21)] (22) "Nonconforming use" means a use of land that:
271 (a) legally existed before its current land use designation;
272 (b) has been maintained continuously since the time the land use ordinance governing
273 the land changed; and
274 (c) because of one or more subsequent land use ordinance changes, does not conform
275 to the regulations that now govern the use of the land.

276 [(22)] (23) "Official map" means a map drawn by municipal authorities and recorded in
277 a county recorder's office that:
278 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
279 highways and other transportation facilities;
280 (b) provides a basis for restricting development in designated rights-of-way or between
281 designated setbacks to allow the government authorities time to purchase or otherwise reserve
282 the land; and
283 (c) has been adopted as an element of the municipality's general plan.
284 [(23)] (24) "Person" means an individual, corporation, partnership, organization,
285 association, trust, governmental agency, or any other legal entity.
286 [(24)] (25) "Plan for moderate income housing" means a written document adopted by
287 a city legislative body that includes:
288 (a) an estimate of the existing supply of moderate income housing located within the
289 city;
290 (b) an estimate of the need for moderate income housing in the city for the next five
291 years as revised biennially;
292 (c) a survey of total residential land use;
293 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
294 income housing; and
295 (e) a description of the city's program to encourage an adequate supply of moderate
296 income housing.
297 [(25)] (26) "Plat" means a map or other graphical representation of lands being laid out
298 and prepared in accordance with Section 10-9a-603 , 17-23-17 , or 57-8-13 .
299 [(26)] (27) "Public hearing" means a hearing at which members of the public are
300 provided a reasonable opportunity to comment on the subject of the hearing.
301 [(27)] (28) "Public meeting" means a meeting that is required to be open to the public
302 under Title 52, Chapter 4, Open and Public Meetings.
303 [(28)] (29) "Record of survey map" means a map of a survey of land prepared in
304 accordance with Section 17-23-17 .
305 [(29)] (30) "Residential facility for elderly persons" means a single-family or
306 multiple-family dwelling unit that meets the requirements of Part 4, General Plan, but does not

307 include a health care facility as defined by Section 26-21-2 .
308 [(30)] (31) "Residential facility for persons with a disability" means a residence:
309 (a) in which more than one person with a disability resides; and
310 (b) (i) is licensed or certified by the Department of Human Services under Title 62A,
311 Chapter 2, Licensure of Programs and Facilities; or
312 (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
313 Health Care Facility Licensing and Inspection Act.
314 [(31)] (32) "Sanitary sewer authority" means the department, agency, or public entity
315 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
316 wastewater systems.
317 [(32)] (33) "Special district" means an entity established under the authority of Title
318 17A, Special Districts, and any other governmental or quasi-governmental entity that is not a
319 county, municipality, school district, or unit of the state.
320 [(33)] (34) "Specified public utility" means an electrical corporation, gas corporation,
321 or telephone corporation, as those terms are defined in Section 54-2-1 .
322 [(34)] (35) "Street" means a public right-of-way, including a highway, avenue,
323 boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement,
324 or other way.
325 [(35)] (36) (a) "Subdivision" means any land that is divided, resubdivided or proposed
326 to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
327 purpose, whether immediate or future, for offer, sale, lease, or development either on the
328 installment plan or upon any and all other plans, terms, and conditions.
329 (b) "Subdivision" includes:
330 (i) the division or development of land whether by deed, metes and bounds description,
331 devise and testacy, map, plat, or other recorded instrument; and
332 (ii) except as provided in Subsection [(35)] (36)(c), divisions of land for residential and
333 nonresidential uses, including land used or to be used for commercial, agricultural, and
334 industrial purposes.
335 (c) "Subdivision" does not include:
336 (i) a bona fide division or partition of agricultural land for the purpose of joining one of
337 the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if

338 neither the resulting combined parcel nor the parcel remaining from the division or partition
339 violates an applicable land use ordinance;
340 (ii) a recorded agreement between owners of adjoining unsubdivided properties
341 adjusting their mutual boundary if:
342 (A) no new lot is created; and
343 (B) the adjustment does not violate applicable land use ordinances; or
344 (iii) a recorded document, executed by the owner of record:
345 (A) revising the legal description of more than one contiguous unsubdivided parcel of
346 property into one legal description encompassing all such parcels of property; or
347 (B) joining a subdivided parcel of property to another parcel of property that has not
348 been subdivided, if the joinder does not violate applicable land use ordinances.
349 (d) The joining of a subdivided parcel of property to another parcel of property that has
350 not been subdivided does not constitute a subdivision under this Subsection [(35)] (36) as to
351 the unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
352 subdivision ordinance.
353 [(36)] (37) "Unincorporated" means the area outside of the incorporated area of a city
354 or town.
355 [(37)] (38) "Zoning map" means a map, adopted as part of a land use ordinance, that
356 depicts land use zones, overlays, or districts.
357 Section 3. Section 10-9a-104 is amended to read:
358 10-9a-104. Stricter requirements.
359 [(1) Except as provided in Subsection (2), a] A municipality may not enact an
360 ordinance imposing stricter requirements or higher standards than are required by this chapter.
361 [(2) A municipality may not impose stricter requirements or higher standards than are
362 required by:]
363 [(a) Section 10-9a-305 ;]
364 [(b) Section 10-9a-514 ;]
365 [(c) Section 10-9a-516 ; and]
366 [(d) Section 10-9a-520 .]
367 Section 4. Section 10-9a-202 is amended to read:
368 10-9a-202. Applicant notice.

369 (1) For each land use application, the municipality shall:
370 (a) notify the applicant of the date, time, and place of each public hearing and public
371 meeting to consider the application [and];
372 (b) provide to each applicant a copy of each staff report and written internal
373 communication regarding the applicant or the pending application at least three business days
374 before the public hearing or public meeting; and
375 (c) notify the applicant of any final action on a pending application.
376 (2) If a municipality fails to comply with the requirements of Subsection (1)(a) or (b)
377 or both, an applicant may waive the failure so that the application may stay on the public
378 hearing or public meeting agenda and be considered as if the requirements had been met.
379 Section 5. Section 10-9a-203 is amended to read:
380 10-9a-203. Notice of intent to prepare a general plan or comprehensive general
381 plan amendments in certain municipalities.
382 (1) Before preparing a proposed general plan or a comprehensive general plan
383 amendment, each municipality [within a county of the first or second class] shall provide ten
384 calendar days notice of its intent to prepare a proposed general plan or a comprehensive general
385 plan amendment to:
386 (a) each affected property owner;
387 [(a)] (b) each affected entity;
388 [(b)] (c) the Automated Geographic Reference Center created in Section 63F-1-506 ;
389 [(c)] (d) the association of governments, established pursuant to an interlocal
390 agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which the municipality is
391 a member; and
392 [(d)] (e) the state planning coordinator appointed under Section 63-38d-202 .
393 (2) Each notice under Subsection (1) shall:
394 (a) indicate that the municipality intends to prepare a general plan or a comprehensive
395 general plan amendment, as the case may be;
396 (b) describe or provide a map of the geographic area that will be affected by the general
397 plan or amendment;
398 (c) be sent by mail, e-mail, or other effective means;
399 (d) invite the affected entities and affected property owners to provide information for

400 the municipality to consider in the process of preparing, adopting, and implementing a general
401 plan or amendment concerning:
402 (i) impacts that the use of land proposed in the proposed general plan or amendment
403 may have; and
404 (ii) uses of land within the municipality that the affected entity or affected property
405 owner is considering that may conflict with the proposed general plan or amendment; and
406 (e) include the address of an Internet website, if the municipality has one, and the name
407 and telephone number of a person where more information can be obtained concerning the
408 municipality's proposed general plan or amendment.
409 Section 6. Section 10-9a-204 is amended to read:
410 10-9a-204. Notice of public hearings and public meetings to consider general plan
411 or modifications.
412 (1) Each municipality shall provide:
413 (a) notice of the date, time, and place of the first public hearing to consider the original
414 adoption or any modification of all or any portion of a general plan; and
415 (b) notice of each public meeting on the subject.
416 (2) Each notice of a public hearing under Subsection (1)(a) shall be at least ten
417 calendar days before the public hearing and shall be:
418 (a) published in a newspaper of general circulation in the area;
419 (b) mailed to each affected property owner and each affected entity; and
420 (c) posted:
421 (i) in at least three public locations within the municipality; or
422 (ii) on the municipality's official website.
423 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
424 before the meeting and shall be:
425 (a) submitted to a newspaper of general circulation in the area; and
426 (b) posted:
427 (i) in at least three public locations within the municipality; or
428 (ii) on the municipality's official website.
429 Section 7. Section 10-9a-205 is amended to read:
430 10-9a-205. Notice of public hearings and public meetings on adoption or

431 modification of land use ordinance.
432 (1) Each municipality shall give:
433 (a) notice of the date, time, and place of the first public hearing to consider the
434 adoption or any modification of a land use ordinance; and
435 (b) notice of each public meeting on the subject.
436 (2) Each notice of a public hearing under Subsection (1)(a) shall be:
437 (a) mailed to each affected property owner and each affected entity at least ten calendar
438 days before the public hearing;
439 (b) posted:
440 (i) in at least three public locations within the municipality; or
441 (ii) on the municipality's official website; and
442 (c) (i) published in a newspaper of general circulation in the area at least ten calendar
443 days before the public hearing; or
444 (ii) mailed at least three days before the public hearing to:
445 (A) each property owner whose land is directly affected by the land use ordinance
446 change; and
447 (B) each adjacent property owner within the parameters specified by municipal
448 ordinance.
449 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
450 before the meeting and shall be posted:
451 (a) in at least three public locations within the municipality; or
452 (b) on the municipality's official website.
453 Section 8. Section 10-9a-302 is amended to read:
454 10-9a-302. Planning commission powers and duties.
455 (1) The planning commission shall make a recommendation to the legislative body for:
456 [(1)] (a) a general plan and amendments to the general plan;
457 [(2)] (b) land use ordinances, zoning maps, official maps, and amendments;
458 [(3)] (c) an appropriate delegation of power to at least one designated land use
459 authority to hear and act on a land use application;
460 [(4)] (d) an appropriate delegation of power to at least one appeal authority to hear and
461 act on an appeal from a decision of the land use authority; and

462 [(5)] (e) application processes that:
463 [(a)] (i) [may] shall include a designation of routine land use matters that, upon
464 application and proper notice, will receive informal streamlined review and action if the
465 application is uncontested; and
466 [(b)] (ii) shall protect the right of each:
467 [(i)] (A) applicant and third party to require formal consideration of any application by
468 a land use authority;
469 [(ii)] (B) applicant, adversely affected party, or municipal officer or employee to appeal
470 a land use authority's decision to a separate appeal authority; and
471 [(iii)] (C) participant to be heard in each public hearing on a contested application.
472 (2) (a) Each planning commission meeting shall be subject to Title 52, Chapter 4, Open
473 and Public Meetings.
474 (b) Planning commission records are subject to Title 63, Chapter 2, Government
475 Records Access and Management Act.
476 Section 9. Section 10-9a-401 is amended to read:
477 10-9a-401. General plan required -- Content.
478 (1) In order to accomplish the purposes of this chapter, each municipality shall prepare
479 and adopt a comprehensive, long-range general plan for:
480 (a) present and future needs of the municipality; and
481 (b) growth and development of all or any part of the land within the municipality.
482 (2) The plan may provide for:
483 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
484 activities, [aesthetics,] and recreational, educational, and cultural opportunities;
485 [(b) the reduction of the waste of physical, financial, or human resources that result
486 from either excessive congestion or excessive scattering of population;]
487 [(c)] (b) the efficient and economical use, conservation, and production of the supply
488 of:
489 (i) food and water; and
490 (ii) drainage, sanitary, and other facilities and resources;
491 [(d)] (c) the use of energy conservation and solar and renewable energy resources;
492 [(e)] (d) the protection of urban development;

493 [(f)] (e) the protection or promotion of moderate income housing;
494 [(g)] (f) the protection and promotion of air quality;
495 [(h)] (g) historic preservation;
496 [(i)] (h) identifying future uses of land that are likely to require an expansion or
497 significant modification of services or facilities provided by each affected entity; and
498 [(j)] (i) an official map.
499 (3) Subject to Subsection 10-9a-403 (2), the municipality may determine the
500 comprehensiveness, extent, and format of the general plan.
501 (4) The general plan shall ensure that land use policies, restrictions, and conditions do
502 not violate private property rights or create unnecessary technical limitations on the use of
503 property.
504 Section 10. Section 10-9a-403 is amended to read:
505 10-9a-403. Plan preparation.
506 (1) (a) The planning commission shall provide notice, as provided in Section
507 10-9a-203 , of its intent to make a recommendation to the municipal legislative body for a
508 general plan or a comprehensive general plan amendment when the planning commission
509 initiates the process of preparing its recommendation.
510 (b) The planning commission shall make and recommend to the legislative body a
511 proposed general plan for the area within the municipality.
512 (c) The plan may include areas outside the boundaries of the municipality if, in the
513 planning commission's judgment, those areas are related to the planning of the municipality's
514 territory.
515 (d) Except as otherwise provided by law or with respect to a municipality's power of
516 eminent domain, when the plan of a municipality involves territory outside the boundaries of
517 the municipality, the municipality may not take action affecting that territory without the
518 concurrence of the county or other municipalities affected.
519 (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
520 and descriptive and explanatory matter, shall include the planning commission's
521 recommendations for the following plan elements:
522 (i) a land use element that:
523 (A) designates the long-term goals and the proposed extent, general distribution, and

524 location of land for housing, business, industry, agriculture, recreation, education, public
525 buildings and grounds, open space, and other categories of public and private uses of land as
526 appropriate; and
527 (B) may include a statement of the projections for and standards of population density
528 and building intensity recommended for the various land use categories covered by the plan;
529 (ii) a transportation and traffic circulation element consisting of the general location
530 and extent of existing and proposed freeways, arterial and collector streets, mass transit, and
531 any other modes of transportation that the planning commission considers appropriate, all
532 correlated with the population projections and the proposed land use element of the general
533 plan; and
534 (iii) for cities, an estimate of the need for the development of additional moderate
535 income housing within the city, and a plan to provide a realistic opportunity to meet estimated
536 needs for additional moderate income housing if long-term projections for land use and
537 development occur.
538 (b) In drafting the moderate income housing element, the planning commission:
539 (i) shall consider the Legislature's determination that cities should facilitate a
540 reasonable opportunity for a variety of housing, including moderate income housing:
541 (A) to meet the needs of people desiring to live there; and
542 (B) to allow persons with moderate incomes to benefit from and fully participate in all
543 aspects of neighborhood and community life; and
544 (ii) may include an analysis of why the recommended means, techniques, or
545 combination of means and techniques provide a realistic opportunity for the development of
546 moderate income housing within the planning horizon, which means or techniques may include
547 a recommendation to:
548 (A) rezone for densities necessary to assure the production of moderate income
549 housing;
550 (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
551 construction of moderate income housing;
552 (C) encourage the rehabilitation of existing uninhabitable housing stock into moderate
553 income housing;
554 (D) consider general fund subsidies to waive construction related fees that are

555 otherwise generally imposed by the city;
556 (E) consider utilization of state or federal funds or tax incentives to promote the
557 construction of moderate income housing;
558 (F) consider utilization of programs offered by the Utah Housing Corporation within
559 that agency's funding capacity; and
560 (G) consider utilization of affordable housing programs administered by the
561 Department of Community and Culture.
562 (3) The proposed general plan may include:
563 (a) an environmental element that addresses:
564 (i) the protection, conservation, development, and use of natural resources, including
565 the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
566 and other natural resources; and
567 (ii) the reclamation of land, flood control, prevention and control of the pollution of
568 streams and other waters, [regulation of the use of land on hillsides,] stream channels, and
569 other environmentally sensitive areas, the prevention, control, and correction of the erosion of
570 soils, protection of watersheds and wetlands, and the mapping of known geologic hazards;
571 (b) a public services and facilities element showing general plans for sewage, water,
572 waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
573 police and fire protection, and other public services;
574 (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
575 programs for:
576 (i) historic preservation; and
577 (ii) the diminution or elimination of blight; and
578 (iii) redevelopment of land, including housing sites, business and industrial sites, and
579 public building sites;
580 (d) an economic element composed of appropriate studies and forecasts, as well as an
581 economic development plan, which may include review of existing and projected municipal
582 revenue and expenditures, revenue sources, identification of basic and secondary industry,
583 primary and secondary market areas, employment, and retail sales activity;
584 (e) recommendations for implementing all or any portion of the general plan, including
585 the use of land use ordinances, capital improvement plans, community development and

586 promotion, and any other appropriate action;
587 (f) provisions addressing any of the matters listed in Subsection 10-9a-401 (2); and
588 (g) any other element the municipality considers appropriate.
589 Section 11. Section 10-9a-501 is amended to read:
590 10-9a-501. Legislative body authority -- Administrative actions.
591 (1) The legislative body may enact [land use ordinances and]:
592 (a) a general plan;
593 (b) text in a zoning ordinance;
594 (c) a zoning map[.] for the entire city; and
595 (d) a comprehensive rezoning that affects at least 25% of the land within the city.
596 (2) All actions taken under this chapter, other than those identified in Subsection (1),
597 shall be considered to be administrative in nature.
598 Section 12. Section 10-9a-502 is amended to read:
599 10-9a-502. Preparation and adoption of land use ordinance or zoning map.
600 (1) The planning commission shall:
601 (a) provide notice as required by Subsection 10-9a-205 (1)(a);
602 (b) hold a public hearing on a proposed land use ordinance or zoning map; and
603 (c) prepare and recommend to the legislative body a proposed land use ordinance or
604 ordinances and zoning map that represent the planning commission's recommendation for
605 regulating the use and development of land within all or any part of the area of the
606 municipality.
607 (2) The municipal legislative body shall consider each proposed land use ordinance and
608 zoning map recommended to it by the planning commission, and, after providing notice as
609 required by Subsection 10-9a-205 (1)(b) and holding a public meeting, the legislative body may,
610 subject to Subsection 10-9a-505 (1)(b), adopt or reject the ordinance or map either as proposed
611 by the planning commission or after making any revision the municipal legislative body
612 considers appropriate.
613 Section 13. Section 10-9a-502.5 is enacted to read:
614 10-9a-502.5. Limitations on changes in zoning designation.
615 (1) A parcel of property may not be given a zoning designation that would:
616 (a) materially diminish the reasonable investment-backed expectations of the property's

617 owner; or
618 (b) deprive the property owner of all economically viable uses of the property.
619 (2) If a change in the zoning designation applicable to a parcel of property makes the
620 intensity of the permitted uses of that property substantially different than the intensity of
621 permitted uses on property in the same vicinity, the change may not be approved unless:
622 (a) the differences in intensity of permitted uses is attributable to differences in
623 topography or other natural features; or
624 (b) there are countervailing, compelling public interests in favor of the change in
625 zoning designation.
626 Section 14. Section 10-9a-504 is amended to read:
627 10-9a-504. Temporary land use regulations.
628 (1) (a) A municipal legislative body may, without prior consideration of or
629 recommendation from the planning commission, enact an ordinance establishing a temporary
630 land use regulation for any part or all of the area within the municipality if:
631 (i) the legislative body makes a finding of compelling, countervailing public interest;
632 or
633 (ii) the area is unregulated.
634 (b) A temporary land use regulation under Subsection (1)(a) may prohibit or regulate
635 the erection, construction, reconstruction, or alteration of any building or structure or any
636 subdivision approval.
637 (c) A temporary land use regulation under Subsection (1)(a) may not impose an impact
638 fee or other financial requirement on building or development.
639 (2) The municipal legislative body shall establish a period of limited effect for the
640 ordinance not to exceed six months.
641 (3) (a) A municipal legislative body may, without prior planning commission
642 consideration or recommendation, enact an ordinance establishing a temporary land use
643 regulation prohibiting construction, subdivision approval, and other development activities
644 within an area that is the subject of an Environmental Impact Statement or a Major Investment
645 Study examining the area as a proposed highway or transportation corridor.
646 (b) A regulation under Subsection (3)(a):
647 (i) may not exceed six months in duration;

648 (ii) may be renewed, if requested by the Transportation Commission created under
649 Section 72-1-301 , for up to two additional six-month periods by ordinance enacted before the
650 expiration of the previous regulation; and
651 (iii) notwithstanding Subsections (3)(b)(i) and (ii), is effective only as long as the
652 Environmental Impact Statement or Major Investment Study is in progress.
653 (4) A regulation under this section is not effective unless adopted by ordinance.
654 (5) Except as provided in this section, a municipality may not delay consideration of or
655 disapprove a land use application based on a temporary land use regulation.
656 Section 15. Section 10-9a-505 is amended to read:
657 10-9a-505. Zoning districts.
658 (1) (a) [The] Subject to Subsection (1)(b), the legislative body may divide the territory
659 over which it has jurisdiction into zoning districts of a number, shape, and area that it considers
660 appropriate to carry out the purposes of this chapter.
661 (b) Each change in the designation of a zoning district shall conform as reasonably as
662 practicable to the request of the property owner whose property is affected by the change.
663 [(b)] (c) Within those zoning districts, the legislative body may reasonably regulate and
664 restrict the erection, construction, reconstruction, alteration, repair, or use of buildings and
665 structures, and the use of land.
666 (2) The legislative body shall ensure that the regulations are uniform for each class or
667 kind of buildings throughout each zoning district, but the regulations in one zone may differ
668 from those in other zones.
669 (3) (a) There is no minimum area or diversity of ownership requirement for a zone
670 designation.
671 (b) Neither the size of a zoning district nor the number of landowners within the
672 district may be used as evidence of the illegality of a zoning district or of the invalidity of a
673 municipal decision.
674 Section 16. Section 10-9a-509 is amended to read:
675 10-9a-509. When a land use applicant is entitled to approval -- Exception --
676 Municipality required to comply with land use ordinances.
677 (1) (a) (i) An applicant is entitled to approval of a land use application if the
678 application conforms to the requirements of the general plan, the land use map, or an applicable

679 land use ordinance in effect when a complete application is submitted and all fees have been
680 paid, unless:
681 [(i)] (A) the land use authority, on the record, finds that:
682 (I) a compelling, countervailing public interest would be jeopardized by approving the
683 application; or
684 (II) approval of the application would place the health or safety of the community at
685 risk; or
686 [(ii)] (B) in the manner provided by local ordinance and before the application is
687 submitted, the municipality has formally initiated proceedings to amend its ordinances in a
688 manner that would prohibit approval of the application as submitted.
689 (ii) A municipality may not delay consideration of or disapprove a land use application
690 based on a proposed amendment to the municipality's ordinances if formal proceedings to
691 adopt the amendment have not been initiated before the application is filed.
692 (b) The municipality shall process an application without regard to proceedings
693 initiated to amend the municipality's ordinances if:
694 (i) 180 days have passed since the proceedings were initiated; and
695 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
696 application as submitted.
697 (c) An application for a land use approval is considered submitted and complete when
698 the application is provided in a form that complies with the requirements of applicable
699 ordinances and all applicable fees have been paid.
700 (d) Any checklist or additional recommendations provided by the municipality to an
701 applicant relating to the use of the applicant's land that are not required under applicable land
702 use ordinances are advisory only, and the applicant is under no obligation to comply with them.
703 [(d)] (e) The continuing validity of an approval of a land use application is conditioned
704 upon the applicant proceeding after approval to implement the approval with reasonable
705 diligence and is not affected by any municipal action or inaction.
706 (2) A municipality is bound by the terms and standards of applicable land use
707 ordinances and shall comply with mandatory provisions of those ordinances.
708 Section 17. Section 10-9a-509.5 is enacted to read:
709 10-9a-509.5. Land use applications -- Approval process.

710 (1) Development of a parcel of real property may not be permitted without an approved
711 land use application for that purpose.
712 (2) Each land use application shall be submitted:
713 (a) on a form provided by the municipality;
714 (b) under the ordinances of the municipality in effect at the time the application is
715 submitted;
716 (c) with the fees required by the municipality; and
717 (d) with any other information required by the municipality by ordinance.
718 (3) A municipality may not require a land use application for a preliminary subdivision
719 plat to include any information other than:
720 (a) street and transportation layout;
721 (b) lot layouts with side yard requirement and square footage designations;
722 (c) utility easements;
723 (d) parks, trails, and open space designations;
724 (e) landscape features;
725 (f) density and land use analysis;
726 (g) essential infrastructure; and
727 (h) scale drawings.
728 (4) (a) A municipality may confer with a land use applicant to determine whether
729 completing staff review of the land use application within the time specified in this section will
730 require the municipality to retain an outside consultant or to pay overtime to regular staff.
731 (b) If the municipality determines, in its sole discretion, to use an outside consultant or
732 to pay overtime to regular staff to process a land use application within the time specified in
733 this section, the applicant shall pay the municipality the amount the municipality reasonably
734 estimates to be the difference between the cost of the outside consultant or overtime pay and
735 the cost of routine review by the municipality.
736 (c) Upon completion of the review of the land use application:
737 (i) the applicant shall immediately pay the municipality the difference between the
738 actual cost of the outside consultant or overtime and the estimated cost, if the actual cost
739 exceeds the estimated cost; or
740 (ii) the municipality shall immediately credit the applicant for the difference between

741 the estimated cost of the outside consultant or overtime and the actual cost, if the actual cost is
742 less than the estimated cost.
743 (5) Unless the land use application applicant otherwise agrees in writing, the
744 municipality shall, within 45 days after its receipt of the land use application:
745 (a) complete the initial staff review of the land use application; and
746 (b) (i) notify the applicant that the land use application is complete and deliver it to:
747 (A) the land use authority; or
748 (B) the planning commission, if the planning commission is not the land use authority
749 and the municipality's ordinances require planning commission review and recommendation
750 before being submitted to the land use authority; or
751 (ii) return the land use application to the applicant indicating any deficiencies in the
752 land use application.
753 (6) After the applicant has corrected any deficiencies identified in the staff review
754 process and resubmitted the land use application to the municipality, the application shall
755 immediately be delivered to:
756 (a) the planning commission, if the planning commission is not the land use authority
757 and is required to review and make a recommendation on a land use application before it is
758 considered by the municipality's land use authority; or
759 (b) the land use authority.
760 (7) (a) If a municipality's planning commission is not the land use authority and is
761 required to review and make a recommendation on a land use application before it is
762 considered by the municipality's land use authority, the planning commission shall hold a
763 public hearing and make a recommendation on the land use application to the land use
764 authority within 28 days after the land use application is delivered to the planning commission,
765 unless the applicant agrees in writing to a longer period of time.
766 (b) If the planning commission, if applicable, fails to make a recommendation
767 regarding the land use application within the time required under Subsection (7)(a), the
768 planning commission shall be considered to have recommended approval of the land use
769 application.
770 (c) If the planning commission recommends disapproval of a land use application, the
771 planning commission shall state on the record its reasons for its recommendation.

772 (8) (a) Each land use authority shall hold a public hearing and approve or disapprove a
773 land use application within 28 days after the land use application is delivered to the land use
774 authority, unless the applicant agrees in writing to a longer period of time.
775 (b) If the land use authority fails to approve or disapprove the land use application
776 within the time required under Subsection (8)(a), the land use authority shall be considered to
777 have recommended approval of the land use application.
778 (c) If the land use authority disapproves a land use application, the land use authority
779 shall state on the record its reasons for the disapproval.
780 (9) A municipality may not deny a land use application on a scientific or technical
781 basis if:
782 (a) the applicant has presented relevant scientific or technical expert testimony in
783 support of the application; and
784 (b) the scientific or technical expert testimony presented by the applicant is not
785 contradicted by the testimony of a similarly qualified scientific or technical expert.
786 (10) Each municipality that receives a land use application shall cooperate in good
787 faith to assist the applicant to obtain any third-party approval necessary for approval of the land
788 use application.
789 (11) (a) Each approval or denial of a land use application shall be:
790 (i) in writing; and
791 (ii) based upon sound reason and practical application of recognized principles of law.
792 (b) Each denial of a land use application shall be accompanied by a reasoned statement
793 that:
794 (i) explains the criteria and standards considered relevant;
795 (ii) states the relevant contested facts relied upon;
796 (iii) explains the rationale for the decision based on the applicable provisions of the
797 general plan, relevant ordinance, statutory, and constitutional provisions, and factual
798 information contained in the record.
799 (12) (a) Nothing in this chapter may be construed to prohibit a municipality from
800 specifying in ordinance or in a development agreement a shorter time period for processing a
801 land use application than specified in this chapter.
802 (b) Nothing in this section may be construed to require a hearing before the planning

803 commission or municipal legislative body if the hearing is not otherwise required by this
804 chapter or municipal ordinance.
805 Section 18. Section 10-9a-511 is amended to read:
806 10-9a-511. Nonconforming uses and noncomplying structures.
807 (1) (a) Except as provided in this section, a nonconforming use or noncomplying
808 structure may be continued by the present or a future property owner.
809 (b) A nonconforming use may be extended through the same building, provided no
810 structural alteration of the building is proposed or made for the purpose of the extension.
811 (c) For purposes of this Subsection (1), the addition of a solar energy device to a
812 building is not a structural alteration.
813 (2) The legislative body may provide for:
814 (a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
815 substitution of nonconforming uses upon the terms and conditions set forth in the land use
816 ordinance;
817 (b) the termination of all nonconforming uses, except billboards, by providing a
818 formula establishing a reasonable time period during which the owner can recover or amortize
819 the amount of his investment in the nonconforming use, if any; and
820 (c) the termination of a nonconforming use due to its abandonment.
821 (3) (a) A municipality may not prohibit the reconstruction or restoration of a
822 noncomplying structure or terminate the nonconforming use of a structure that is involuntarily
823 destroyed in whole or in part due to fire or other calamity unless the structure or use has been
824 abandoned.
825 (b) A municipality may prohibit the reconstruction or restoration of a noncomplying
826 structure or terminate the nonconforming use of a structure if:
827 (i) the structure is allowed to deteriorate to a condition that the structure is rendered
828 uninhabitable and is not repaired or restored within six months after written notice to the
829 property owner that the structure is uninhabitable and that the noncomplying structure or
830 nonconforming use will be lost if the structure is not repaired or restored within six months; or
831 (ii) the property owner has voluntarily demolished a majority of the noncomplying
832 structure or the building that houses the nonconforming use.
833 [(4) (a) Unless the municipality establishes, by ordinance, a uniform presumption of

834 legal existence for nonconforming uses, the property owner shall have the burden of
835 establishing the legal existence of a noncomplying structure or nonconforming use.]
836 [(b)] (4) (a) Any party, including a municipality, claiming that a nonconforming use
837 has been abandoned shall have the burden of establishing the abandonment.
838 (b) A use in existence for a period of at least seven years that does not conform to a
839 municipality's land use ordinances shall be considered a nonconforming use that shall be
840 allowed to continue until terminated as provided in this section, regardless of whether the use
841 has previously been declared to be or acknowledged as a nonconforming use or whether the use
842 was lawful at the time it was established.
843 (c) Abandonment may be presumed to have occurred if:
844 (i) a majority of the primary structure associated with the nonconforming use has been
845 voluntarily demolished without prior written agreement with the municipality regarding an
846 extension of the nonconforming use;
847 (ii) the use has been discontinued for a minimum of one year; or
848 (iii) the primary structure associated with the nonconforming use remains vacant for a
849 period of one year.
850 (d) The property owner may rebut the presumption of abandonment under Subsection
851 (4)(c), and shall have the burden of establishing that any claimed abandonment under
852 Subsection (4)(c) has not in fact occurred.
853 (5) A municipality may terminate the nonconforming status of a school district or
854 charter school use or structure when the property associated with the school district or charter
855 school use or structure ceases to be used for school district or charter school purposes for a
856 period established by ordinance.
857 Section 19. Section 10-9a-603 is amended to read:
858 10-9a-603. Plat required when land is subdivided -- Approval of plat -- Recording
859 plat.
860 (1) Unless exempt under Section 10-9a-605 or excluded from the definition of
861 subdivision under Subsection 10-9a-103 [(34)] (36), whenever any land is laid out and platted,
862 the owner of the land shall provide an accurate plat that describes or specifies:
863 (a) a name or designation of the subdivision that is distinct from any plat already
864 recorded in the county recorder's office;

865 (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
866 their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
867 intended to be used as a street or for any other public use, and whether any such area is
868 reserved or proposed for dedication for a public purpose;
869 (c) the lot or unit reference, block or building reference, street or site address, street
870 name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
871 and width of the blocks and lots intended for sale; and
872 (d) every existing right-of-way and easement grant of record for underground facilities,
873 as defined in Section 54-8a-2 , and for other utility facilities.
874 (2) Subject to Subsections (3), (4), [and] (5), and (6), if the plat conforms to the
875 municipality's ordinances and this part and has been approved by the culinary water authority
876 and the sanitary sewer authority, the municipality shall approve the plat.
877 (3) A municipality may not prohibit a cul-de-sac that is shorter than 600 feet in length.
878 [(3)] (4) The municipality may withhold an otherwise valid plat approval until the
879 owner of the land provides the legislative body with a tax clearance indicating that all taxes,
880 interest, and penalties owing on the land have been paid.
881 [(4)] (5) (a) The owner of the land shall acknowledge the plat before an officer
882 authorized by law to take the acknowledgement of conveyances of real estate and shall obtain
883 the signature of each individual designated by the municipality.
884 (b) The surveyor making the plat shall certify that the surveyor:
885 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
886 Professional Land Surveyors Licensing Act;
887 (ii) has completed a survey of the property described on the plat in accordance with
888 Section 17-23-17 and has verified all measurements; and
889 (iii) has placed monuments as represented on the plat.
890 (c) As applicable, the owner or operator of the underground and utility facilities shall
891 approve the:
892 (i) boundary, course, dimensions, and intended use of the right-of-way and easement
893 grants of record;
894 (ii) location of existing underground and utility facilities; and
895 (iii) conditions or restrictions governing the location of the facilities within the

896 right-of-way, and easement grants of records, and utility facilities within the subdivision.
897 [(5)] (6) (a) After the plat has been acknowledged, certified, and approved, the owner
898 of the land shall, within the time period designated by ordinance, record the plat in the county
899 recorder's office in the county in which the lands platted and laid out are situated.
900 (b) An owner's failure to record a plat within the time period designated by ordinance
901 renders the plat voidable.
902 Section 20. Section 10-9a-702 is amended to read:
903 10-9a-702. Variances.
904 (1) Any person or entity desiring a waiver or modification of the requirements of a land
905 use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some
906 other beneficial interest may apply to the applicable appeal authority for a variance from the
907 terms of the ordinance.
908 (2) (a) The appeal authority may grant a variance only if:
909 (i) literal enforcement of the ordinance would cause an unreasonable hardship for the
910 applicant that is not necessary to carry out the general purpose of the land use ordinances;
911 (ii) there are special circumstances attached to the property that do not generally apply
912 to other properties in the same zone;
913 (iii) granting the variance is essential to the enjoyment of a substantial property right
914 possessed by other property in the same zone;
915 (iv) the variance will not substantially affect the general plan and will not be contrary
916 to the public interest; and
917 (v) the spirit of the land use ordinance is observed and substantial justice done.
918 (b) (i) In determining whether or not enforcement of the land use ordinance would
919 cause unreasonable hardship under Subsection (2)(a), the appeal authority may not find an
920 unreasonable hardship unless the alleged hardship:
921 (A) is located on or associated with the property for which the variance is sought; and
922 (B) comes from circumstances peculiar to the property or conditions imposed by the
923 municipality, not from conditions that are general to the neighborhood.
924 (ii) In determining whether or not enforcement of the land use ordinance would cause
925 unreasonable hardship under Subsection (2)(a), the appeal authority may not find an
926 unreasonable hardship if the hardship is self-imposed [or economic].

927 (c) In determining whether or not there are special circumstances attached to the
928 property under Subsection (2)(a), the appeal authority may find that special circumstances exist
929 only if the special circumstances:
930 (i) relate to the hardship complained of; and
931 (ii) deprive the property of privileges granted to other properties in the same zone or
932 requested zone.
933 (3) The applicant shall bear the burden of proving that all of the conditions justifying a
934 variance have been met.
935 (4) Variances run with the land.
936 (5) The appeal authority may not grant a use variance.
937 (6) In granting a variance, the appeal authority may impose additional requirements on
938 the applicant that will:
939 (a) mitigate any harmful affects of the variance; or
940 (b) serve the purpose of the standard or requirement that is waived or modified.
941 (7) Each appeal authority shall notify each applicant who has been denied a variance of
942 the place and time for filing an appeal.
943 Section 21. Section 10-9a-703 is amended to read:
944 10-9a-703. Appealing a land use authority's decision.
945 (1) The applicant, a board or officer of the municipality, or any person adversely
946 affected by the land use authority's decision administering or interpreting a land use ordinance
947 may, within the time period provided by ordinance, appeal that decision to the appeal authority
948 by alleging that there is error in any order, requirement, decision, or determination made by the
949 land use authority in the administration or interpretation of the land use ordinance.
950 (2) In each decision denying a land use application, the municipality shall notify the
951 applicant of the time and place for filing an appeal.
952 Section 22. Section 10-9a-801 is amended to read:
953 10-9a-801. No district court review until administrative remedies exhausted --
954 Time for filing -- Tolling of time -- Standards governing court review -- Record on review
955 -- Staying of decision.
956 (1) No person may challenge in district court a municipality's land use decision made
957 under this chapter, or under a regulation made under authority of this chapter, until that person

958 has exhausted the person's administrative remedies as provided in Part 7, Appeal Authority and
959 Variances, if applicable.
960 (2) (a) Any person adversely affected by a final decision made in the exercise of or in
961 violation of the provisions of this chapter may file a petition for review of the decision with the
962 district court within 30 days after the local land use decision is final.
963 (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
964 property owner files a request for arbitration of a constitutional taking issue with the property
965 rights ombudsman under Section 63-34-13 until 30 days after:
966 (A) the arbitrator issues a final award; or
967 (B) the property rights ombudsman issues a written statement under Subsection
968 63-34-13 [(4)] (5)(b) declining to arbitrate or to appoint an arbitrator.
969 (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
970 taking issue that is the subject of the request for arbitration filed with the property rights
971 ombudsman by a property owner.
972 (iii) A request for arbitration filed with the property rights ombudsman after the time
973 under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
974 (3) (a) [The] Subject to Subsection (3)(e), the courts shall:
975 (i) presume that a decision, ordinance, or regulation made under the authority of this
976 chapter is valid; and
977 (ii) determine only whether or not the decision, ordinance, or regulation is arbitrary,
978 capricious, or illegal.
979 (b) [A] Except as provided in Subsection (3)(e), a decision, ordinance, or regulation
980 involving the exercise of legislative discretion is valid if the decision, ordinance, or regulation
981 is [reasonably debatable and not illegal] supported by substantial evidence in the record and is
982 not arbitrary, capricious, or illegal.
983 (c) A final decision of a land use authority or an appeal authority is valid if the decision
984 is supported by substantial evidence in the record and is not arbitrary, capricious, or illegal.
985 (d) A determination of illegality requires a determination that the decision, ordinance,
986 or regulation violates a law, statute, or ordinance in effect at the time the decision was made or
987 the ordinance or regulation adopted.
988 (e) Reasons for which the court shall consider a decision to be arbitrary or capricious

989 include that the decision:
990 (i) is based on public clamor;
991 (ii) is based on the personal preferences, desires, or whims of the members of the
992 legislative body; or
993 (iii) does not conform to municipal ordinances or state or federal law.
994 (f) In determining whether there is substantial evidence supporting a decision, the court
995 shall determine whether the evidence supporting the decision would convince a reasonable
996 person, after weighing all the evidence in the record supporting and opposing the decision, to
997 agree with the decision.
998 (g) If a decision is based on scientific or technical expert testimony, the evidence
999 presented by the expert shall be presumed to be substantial evidence unless it is contradicted by
1000 the testimony of a similarly qualified scientific or technical expert.
1001 (h) In reviewing a decision, the court shall consider the proceedings as a whole and
1002 evaluate the adequacy of procedures and of the decision in light of practical considerations with
1003 an emphasis on fundamental fairness and the essentials of reasoned decision-making.
1004 (i) If a decision is found to be arbitrary, capricious, or illegal, the court shall:
1005 (i) grant the land use application that is the subject of the court review; and
1006 (ii) award court costs and a reasonable attorney's fee to the applicant.
1007 (4) The provisions of Subsection (2)(a) apply from the date on which the municipality
1008 takes final action on a land use application for any adversely affected third party, if the
1009 municipality conformed with the notice provisions of Part 2, Notice, or for any person who had
1010 actual notice of the pending decision.
1011 (5) If the municipality has complied with Section 10-9a-205 , a challenge to the
1012 enactment of a land use ordinance or general plan may not be filed with the district court more
1013 than 30 days after the enactment.
1014 (6) The petition is barred unless it is filed within 30 days after the appeal authority's
1015 decision is final.
1016 (7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
1017 the reviewing court the record of its proceedings, including its minutes, findings, orders, and, if
1018 available, a true and correct transcript of its proceedings.
1019 (b) If the proceeding was tape recorded, a transcript of that tape recording is a true and

1020 correct transcript for purposes of this Subsection (7).
1021 (8) (a) (i) If there is a record, the district court's review is limited to the record provided
1022 by the land use authority or appeal authority, as the case may be, including all information
1023 supplied by the applicant or petitioner to the land use authority or appeal authority.
1024 (ii) The court may not accept or consider any evidence outside the record of the land
1025 use authority or appeal authority, as the case may be, unless that evidence was offered to the
1026 land use authority or appeal authority, respectively, and the court determines that it was
1027 improperly excluded.
1028 (b) If there is no record, the court may call witnesses and take evidence.
1029 (9) (a) The filing of a petition does not stay the decision of the land use authority or
1030 authority appeal authority, as the case may be.
1031 (b) (i) Before filing a petition under this section or a request for mediation or
1032 arbitration of a constitutional taking issue under Section 63-34-13 , the aggrieved party may
1033 petition the appeal authority to stay its decision.
1034 (ii) Upon receipt of a petition to stay, the appeal authority may order its decision stayed
1035 pending district court review if the appeal authority finds it to be in the best interest of the
1036 municipality.
1037 (iii) After a petition is filed under this section or a request for mediation or arbitration
1038 of a constitutional taking issue is filed under Section 63-34-13 , the petitioner may seek an
1039 injunction staying the appeal authority's decision.
1040 (10) The court shall award court costs and a reasonable attorney's fee to each person
1041 who prevails against the municipality in a challenge of the municipality's land use decision or a
1042 petition for review of a final decision under this section.
1043 Section 23. Section 10-9a-803 is amended to read:
1044 10-9a-803. Penalties.
1045 (1) The municipality may, by ordinance, establish civil penalties for violations of any
1046 of the provisions of this chapter or of any ordinances adopted under the authority of this
1047 chapter.
1048 (2) Violation of any of the provisions of this chapter or of any ordinances adopted
1049 under the authority of this chapter is punishable as a class C misdemeanor upon conviction
1050 either:

1051 (a) as a class C misdemeanor; or
1052 (b) by imposing the appropriate civil penalty adopted under the authority of this
1053 section.
1054 (3) Each officer or employee of a municipality who violates a provision of the
1055 municipality's land use ordinances or this chapter is guilty of a class B misdemeanor.
1056 Section 24. Section 11-36-201 is amended to read:
1057 11-36-201. Impact fees -- Analysis -- Capital facilities plan -- Notice of plan --
1058 Summary -- Exemptions.
1059 (1) (a) Each local political subdivision and private entity shall comply with the
1060 requirements of this chapter before establishing or modifying any impact fee.
1061 (b) A local political subdivision may not:
1062 (i) establish any new impact fees that are not authorized by this chapter; or
1063 (ii) impose or charge any other fees as a condition of development approval unless
1064 those fees are a reasonable charge for the service provided.
1065 (c) Notwithstanding any other requirements of this chapter, each local political
1066 subdivision shall ensure that each existing impact fee that is charged for any public facility not
1067 authorized by Subsection 11-36-102 (12) is repealed by July 1, 1995.
1068 (d) (i) Existing impact fees for public facilities authorized in Subsection 11-36-102 (12)
1069 that are charged by local political subdivisions need not comply with the requirements of this
1070 chapter until July 1, 1997.
1071 (ii) By July 1, 1997, each local political subdivision shall:
1072 (A) review any impact fees in existence as of the effective date of this act, and prepare
1073 and approve the analysis required by this section for each of those impact fees; and
1074 (B) ensure that the impact fees comply with the requirements of this chapter.
1075 (2) (a) Before imposing impact fees, each local political subdivision shall prepare a
1076 capital facilities plan.
1077 (b) (i) As used in this Subsection (2)(b):
1078 (A) (I) "Affected entity" means each county, municipality, independent special district
1079 under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
1080 Chapter 2, Local Districts, school district, interlocal cooperation entity established under
1081 Chapter 13, Interlocal Cooperation Act, and specified public utility:

1082 (Aa) whose services or facilities are likely to require expansion or significant
1083 modification because of the facilities proposed in the proposed capital facilities plan; or
1084 (Bb) that has filed with the local political subdivision or private entity a copy of the
1085 general or long-range plan of the county, municipality, independent special district, local
1086 district, school district, interlocal cooperation entity, or specified public utility.
1087 (II) "Affected entity" does not include the local political subdivision or private entity
1088 that is required under this Subsection (2) to provide notice.
1089 (B) "Specified public utility" means an electrical corporation, gas corporation, or
1090 telephone corporation, as those terms are defined in Section 54-2-1 .
1091 (ii) Before preparing a capital facilities plan for facilities proposed on land located
1092 within a county of the first [or], second, or third class, each local political subdivision and each
1093 private entity shall provide written notice, as provided in this Subsection (2)(b), of its intent to
1094 prepare a capital facilities plan.
1095 (iii) Each notice under Subsection (2)(b)(ii) shall:
1096 (A) indicate that the local political subdivision or private entity intends to prepare a
1097 capital facilities plan;
1098 (B) describe or provide a map of the geographic area where the proposed capital
1099 facilities will be located;
1100 (C) be sent to:
1101 (I) each county in whose unincorporated area and each municipality in whose
1102 boundaries is located the land on which the proposed facilities will be located;
1103 (II) each affected entity;
1104 (III) the Automated Geographic Reference Center created in Section 63F-1-506 ;
1105 (IV) the association of governments, established pursuant to an interlocal agreement
1106 under Title 11, Chapter 13, Interlocal Cooperation Act, in which the facilities are proposed to
1107 be located; and
1108 (V) the state planning coordinator appointed under Section 63-38d-202 ; and
1109 (D) with respect to the notice to affected entities, invite the affected entities to provide
1110 information for the local political subdivision or private entity to consider in the process of
1111 preparing, adopting, and implementing a capital facilities plan concerning:
1112 (I) impacts that the facilities proposed in the capital facilities plan may have on the

1113 affected entity; and
1114 (II) facilities or uses of land that the affected entity is planning or considering that may
1115 conflict with the facilities proposed in the capital facilities plan.
1116 (c) The plan shall identify:
1117 (i) demands placed upon existing public facilities by new development activity; and
1118 (ii) the proposed means by which the local political subdivision will meet those
1119 demands.
1120 (d) Municipalities and counties need not prepare a separate capital facilities plan if the
1121 general plan required by Sections [ 10-9-301 ] 10-9a-401 and [ 17-27-301 ] 17-27a-401 contains
1122 the elements required by Subsection (2)(c).
1123 (e) (i) If a local political subdivision prepares an independent capital facilities plan
1124 rather than including a capital facilities element in the general plan, the local political
1125 subdivision shall, before adopting the capital facilities plan:
1126 (A) give public notice of the plan according to this Subsection (2)(e);
1127 (B) at least 14 days before the date of the public hearing:
1128 (I) make a copy of the plan, together with a summary designed to be understood by a
1129 lay person, available to the public; and
1130 (II) place a copy of the plan and summary in each public library within the local
1131 political subdivision; and
1132 (C) hold a public hearing to hear public comment on the plan.
1133 (ii) Municipalities shall comply with the notice and hearing requirements of, and,
1134 except as provided in Subsection 11-36-401 (4)(f), receive the protections of Sections
1135 10-9a-205 and 10-9a-801 and Subsection 10-9a-502 (2).
1136 (iii) Counties shall comply with the notice and hearing requirements of, and, except as
1137 provided in Subsection 11-36-401 (4)(f), receive the protections of Sections 17-27a-205 and
1138 17-27a-801 and Subsection 17-27a-502 (2).
1139 (iv) Special districts and private entities shall comply with the notice and hearing
1140 requirements of, and receive the protections of, Section 17A-1-203 .
1141 (v) Nothing contained in this Subsection (2)(e) or in the subsections referenced in
1142 Subsections (2)(e)(ii) and (iii) may be construed to require involvement by a planning
1143 commission in the capital facilities planning process.

1144 (f) (i) Local political subdivisions with a population or serving a population of less
1145 than 5,000 as of the last federal census need not comply with the capital facilities plan
1146 requirements of this part, but shall ensure that the impact fees imposed by them are based upon
1147 a reasonable plan.
1148 (ii) Subsection (2)(f)(i) does not apply to private entities.
1149 (3) In preparing the plan, each local political subdivision shall generally consider all
1150 revenue sources, including impact fees, to finance the impacts on system improvements.
1151 (4) A local political subdivision may only impose impact fees on development
1152 activities when its plan for financing system improvements establishes that impact fees are
1153 necessary to achieve an equitable allocation to the costs borne in the past and to be borne in the
1154 future, in comparison to the benefits already received and yet to be received.
1155 (5) (a) Each local political subdivision imposing impact fees shall prepare a written
1156 analysis of each impact fee that:
1157 (i) identifies the impact on system improvements required by the development activity;
1158 (ii) demonstrates how those impacts on system improvements are reasonably related to
1159 the development activity;
1160 (iii) estimates the proportionate share of the costs of impacts on system improvements
1161 that are reasonably related to the new development activity; and
1162 (iv) based upon those factors and the requirements of this chapter, identifies how the
1163 impact fee was calculated.
1164 (b) In analyzing whether or not the proportionate share of the costs of public facilities
1165 are reasonably related to the new development activity, the local political subdivision shall
1166 identify, if applicable:
1167 (i) the cost of existing public facilities;
1168 (ii) the manner of financing existing public facilities, such as user charges, special
1169 assessments, bonded indebtedness, general taxes, or federal grants;
1170 (iii) the relative extent to which the newly developed properties and the other
1171 properties in the municipality have already contributed to the cost of existing public facilities,
1172 by such means as user charges, special assessments, or payment from the proceeds of general
1173 taxes;
1174 (iv) the relative extent to which the newly developed properties and the other

1175 properties in the municipality will contribute to the cost of existing public facilities in the
1176 future;
1177 (v) the extent to which the newly developed properties are entitled to a credit because
1178 the municipality is requiring their developers or owners, by contractual arrangement or
1179 otherwise, to provide common facilities, inside or outside the proposed development, that have
1180 been provided by the municipality and financed through general taxation or other means, apart
1181 from user charges, in other parts of the municipality;
1182 (vi) extraordinary costs, if any, in servicing the newly developed properties; and
1183 (vii) the time-price differential inherent in fair comparisons of amounts paid at
1184 different times.
1185 (c) Each local political subdivision that prepares a written analysis under this
1186 Subsection (5) on or after July 1, 2000 shall also prepare a summary of the written analysis,
1187 designed to be understood by a lay person.
1188 (6) Each local political subdivision that adopts an impact fee enactment under Section
1189 11-36-202 on or after July 1, 2000 shall, at least 14 days before adopting the enactment, submit
1190 to each public library within the local political subdivision:
1191 (a) a copy of the written analysis required by Subsection (5)(a); and
1192 (b) a copy of the summary required by Subsection (5)(c).
1193 (7) Nothing in this chapter may be construed to repeal or otherwise eliminate any
1194 impact fee in effect on the effective date of this [act] chapter that is pledged as a source of
1195 revenues to pay bonded indebtedness that was incurred before the effective date of this [act]
1196 chapter.
1197 (8) After December 31, 2006, a local political subdivision may not collect impact fees
1198 unless by that date it has updated its capital facilities plan to reflect and be consistent with the
1199 provisions of this chapter then in effect.
1200 Section 25. Section 11-36-202 is amended to read:
1201 11-36-202. Impact fees -- Enactment -- Required provisions.
1202 (1) (a) Each local political subdivision wishing to impose impact fees shall pass an
1203 impact fee enactment.
1204 (b) The impact fee imposed by that enactment may not exceed the highest fee justified
1205 by the impact fee analysis performed pursuant to Section 11-36-201 .

1206 (c) In calculating the impact fee, each local political subdivision may include only:
1207 (i) the construction contract price;
1208 (ii) the cost of acquiring land, improvements, materials, and fixtures;
1209 (iii) the cost for planning, surveying, and engineering fees for services provided for and
1210 directly related to the construction of the system improvements; and
1211 (iv) debt service charges, if the political subdivision might use impact fees as a revenue
1212 stream to pay the principal and interest on bonds, notes, or other obligations issued to finance
1213 the costs of the system improvements.
1214 (d) In calculating the impact fee, a local political subdivision may not include an
1215 expense for an impact that the development does not directly cause, including overhead,
1216 maintenance, expenses related to staff compensation, the local political subdivision's operating
1217 costs, or any other item paid from the local political subdivision's general fund or budget.
1218 (e) In calculating the impact fee, the local political subdivision shall base amounts
1219 calculated under Subsection (1)(c) on actual or certified estimates directly related to building or
1220 acquiring the capital facility.
1221 [(d)] (f) In enacting an impact fee enactment:
1222 (i) municipalities shall:
1223 (A) make a copy of the impact fee enactment available to the public at least 14 days
1224 before the date of the public hearing; and
1225 (B) comply with the notice and hearing requirements of, and, except as provided in
1226 Subsection 11-36-401 (4)(f), receive the protections of Sections 10-9a-207 and 10-9a-801 ;
1227 (ii) counties shall:
1228 (A) make a copy of the impact fee enactment available to the public at least 14 days
1229 before the date of the public hearing; and
1230 (B) comply with the notice and hearing requirements of, and, except as provided in
1231 Subsection 11-36-401 (4)(f), receive the protections of Sections 17-27a-207 and 17-27a-801 ;
1232 and
1233 (iii) special districts shall:
1234 (A) make a copy of the impact fee enactment available to the public at least 14 days
1235 before the date of the public hearing; and
1236 (B) comply with the notice and hearing requirements of, and receive the protections of,

1237 Section 17A-1-203 .
1238 [(e)] (g) Nothing contained in Subsection (1)[(d)](f) or in the subsections referenced in
1239 Subsections (1)[(d)](f)(i)(B) and (ii)(B) may be construed to require involvement by a planning
1240 commission in the impact fee enactment process.
1241 (2) The local political subdivision shall ensure that the impact fee enactment contains:
1242 (a) a provision establishing one or more service areas within which it shall calculate
1243 and impose impact fees for various land use categories;
1244 (b) either:
1245 (i) a schedule of impact fees for each type of development activity that specifies the
1246 amount of the impact fee to be imposed for each type of system improvement; or
1247 (ii) the formula that the local political subdivision will use to calculate each impact fee;
1248 (c) a provision authorizing the local political subdivision to adjust the standard impact
1249 fee at the time the fee is charged to:
1250 (i) respond to unusual circumstances in specific cases; and
1251 (ii) ensure that the impact fees are imposed fairly; and
1252 (d) a provision governing calculation of the amount of the impact fee to be imposed on
1253 a particular development that permits adjustment of the amount of the fee based upon studies
1254 and data submitted by the developer.
1255 (3) The local political subdivision may include a provision in the impact fee enactment
1256 that:
1257 (a) exempts low income housing and other development activities with broad public
1258 purposes from impact fees and establishes one or more sources of funds other than impact fees
1259 to pay for that development activity; and
1260 (b) imposes an impact fee for public facility costs previously incurred by a local
1261 political subdivision to the extent that new growth and development will be served by the
1262 previously constructed improvement[; and].
1263 (4) (a) Each local political subdivision shall include a provision in the impact fee
1264 enactment that:
1265 [(c)] (i) allows a credit against impact fees for any dedication of land for, improvement
1266 to, or new construction of, any system improvements provided by the developer if the facilities:
1267 [(i)] (A) are identified in the capital facilities plan; [and] or

1268 [(ii)] (B) are required by the local political subdivision as a condition of approving the
1269 development activity[.];
1270 (ii) allows a credit against applicable impact fees for facilities, including street
1271 improvements, water facilities, sewer facilities, storm drainage facilities, sidewalks, and parks
1272 and other open space and related improvements, provided by the developer, to the extent that
1273 the facilities reduce the impact of the new development or its residents on the local political
1274 subdivision's public facilities, regardless of whether the facilities provided by the developer are
1275 required by or dedicated to the local political subdivision or opened for use by the public at
1276 large; and
1277 (iii) provides a credit for an improvement, facility, land, or fee required by the local
1278 political subdivision in excess of what is required to offset the project's impact on public
1279 facilities.
1280 (b) (i) The improvements, facilities, and lands for which a credit is required under
1281 Subsection (4)(a)(iii) include:
1282 (A) a street or sidewalk that the local political subdivision requires to be wider than
1283 necessary to offset the impact of the project;
1284 (B) a water, sewer, or storm drain line that the local political subdivision requires to be
1285 larger than necessary to offset the impact of the project; and
1286 (C) a park or open space that the local political subdivision requires in excess of what
1287 is necessary to offset the impact of the project.
1288 (ii) A credit under Subsection (4)(a)(iii) may be:
1289 (A) used to offset other development charges or fees; and
1290 (B) transferred to and used for another property of the recipient of the credit or
1291 transferred to and used by another developer.
1292 [(4)] (5) Except as provided in Subsection (3)(b), the local political subdivision may
1293 not impose an impact fee to cure deficiencies in public facilities serving existing development.
1294 [(5)] (6) Notwithstanding the requirements and prohibitions of this chapter, a local
1295 political subdivision may impose and assess an impact fee for environmental mitigation when:
1296 (a) the local political subdivision has formally agreed to fund a Habitat Conservation
1297 Plan to resolve conflicts with the Endangered Species Act of 1973, 16 U.S.C. Sec 1531, et seq.
1298 or other state or federal environmental law or regulation;

1299 (b) the impact fee bears a reasonable relationship to the environmental mitigation
1300 required by the Habitat Conservation Plan; and
1301 (c) the legislative body of the local political subdivision adopts an ordinance or
1302 resolution:
1303 (i) declaring that an impact fee is required to finance the Habitat Conservation Plan;
1304 (ii) establishing periodic sunset dates for the impact fee; and
1305 (iii) requiring the legislative body to:
1306 (A) review the impact fee on those sunset dates;
1307 (B) determine whether or not the impact fee is still required to finance the Habitat
1308 Conservation Plan; and
1309 (C) affirmatively reauthorize the impact fee if the legislative body finds that the impact
1310 fee must remain in effect.
1311 [(6)] (7) Each political subdivision shall ensure that any existing impact fee for
1312 environmental mitigation meets the requirements of Subsection [(5)] (6) by July 1, 1995.
1313 [(7)] (8) Notwithstanding any other provision of this chapter, municipalities imposing
1314 impact fees to fund fire trucks as of the effective date of this act may impose impact fees for
1315 fire trucks until July 1, 1997.
1316 [(8)] (9) Notwithstanding any other provision of this chapter, a local political
1317 subdivision may impose and collect impact fees on behalf of a school district if authorized by
1318 Section 53A-20-100.5 .
1319 Section 26. Section 11-36-302 is amended to read:
1320 11-36-302. Impact fees -- Expenditure.
1321 (1) A local political subdivision may expend impact fees only for:
1322 (a) system improvements for public facilities identified in the capital facilities plan;
1323 and
1324 (b) system improvements for the specific public facility type for which the fee was
1325 collected.
1326 (2) (a) Except as provided in Subsection (2)(b), a local political subdivision shall
1327 expend or encumber the impact fees for a permissible use within six years of their receipt.
1328 (b) A local political subdivision may hold the fees for longer than six years if it
1329 identifies, in writing:

1330 (i) an extraordinary and compelling reason why the fees should be held longer than six
1331 years; and
1332 (ii) an absolute date by which the fees will be expended.
1333 (3) If a local political subdivision does not expend or encumber impact fees within the
1334 time provided in Subsection (2), the local political subdivision shall:
1335 (a) within 90 days after the expiration of the time provided in Subsection (2), return the
1336 impact fees to the person from which the fees were collected; or
1337 (b) if the local political subdivision is unable to locate the person from whom the
1338 impact fees were collected, deposit the impact fees into the Olene Walker Housing Loan Fund
1339 created in Section 9-4-702 .
1340 (4) Each local political subdivision shall account for impact fees as separate line items
1341 in its budget, identified by the year received and the project for which collected and budgeted
1342 and with an indication of whether the impact fees are expected to be spent within the current
1343 fiscal year.
1344 Section 27. Section 11-36-401 is amended to read:
1345 11-36-401. Impact fees -- Challenges -- Appeals.
1346 (1) Any person or entity residing in or owning property within a service area, and any
1347 organization, association, or corporation representing the interests of persons or entities owning
1348 property within a service area, may file a declaratory judgment action challenging the validity
1349 of the fee.
1350 (2) (a) Any person or entity required to pay an impact fee who believes the fee does not
1351 meet the requirements of law may file a written request for information with the local political
1352 subdivision who established the fee.
1353 (b) Within two weeks of the receipt of the request for information, the local political
1354 subdivision shall provide the person or entity with the written analysis required by Section
1355 11-36-201 , the capital facilities plan, and with any other relevant information relating to the
1356 impact fee.
1357 (3) (a) Any local political subdivision may establish, by ordinance, an administrative
1358 appeals procedure to consider and decide challenges to impact fees.
1359 (b) If the local political subdivision establishes an administrative appeals procedure,
1360 the local political subdivision shall ensure that the procedure includes a requirement that the

1361 local political subdivision make its decision no later than 30 days after the date the challenge to
1362 the impact fee is filed.
1363 (4) (a) In addition to the method of challenging an impact fee under Subsection (1), a
1364 person or entity that has paid an impact fee that was imposed by a local political subdivision
1365 may challenge:
1366 (i) if the impact fee enactment was adopted on or after July 1, 2000:
1367 (A) whether the local political subdivision complied with the notice requirements of
1368 this chapter with respect to the imposition of the impact fee; and
1369 (B) whether the local political subdivision complied with other procedural
1370 requirements of this chapter for imposing the impact fee; and
1371 (ii) except as limited by Subsection (4)(a)(i), the impact fee.
1372 (b) A challenge under Subsection (4)(a) may not be initiated unless it is initiated
1373 within:
1374 (i) for a challenge under Subsection (4)(a)(i)(A), 30 days after the person or entity pays
1375 the impact fee;
1376 (ii) for a challenge under Subsection (4)(a)(i)(B), 180 days after the person or entity
1377 pays the impact fee; or
1378 (iii) for a challenge under Subsection (4)(a)(ii), one year after the person or entity pays
1379 the impact fee.
1380 (c) A challenge under Subsection (4)(a) is initiated by filing:
1381 (i) if the local political subdivision has established an administrative appeals procedure
1382 under Subsection (3), the necessary document, under the administrative appeals procedure, for
1383 initiating the administrative appeal;
1384 (ii) a request for arbitration as provided in Subsection 11-36-402 (1); or
1385 (iii) an action in district court.
1386 (d) (i) The sole remedy for a challenge under Subsection (4)(a)(i)(A) is the equitable
1387 remedy of requiring the local political subdivision to correct the defective notice and repeat the
1388 process.
1389 (ii) The sole remedy for a challenge under Subsection (4)(a)(i)(B) is the equitable
1390 remedy of requiring the local political subdivision to correct the defective process.
1391 (iii) The sole remedy for a challenge under Subsection (4)(a)(ii) is a refund of the

1392 difference between what the person or entity paid as an impact fee and the amount the impact
1393 fee should have been if it had been correctly calculated.
1394 (e) Nothing in this Subsection (4) may be construed as requiring a person or entity to
1395 exhaust administrative remedies with the local political subdivision before filing an action in
1396 district court under this Subsection (4).
1397 (f) The protections given to a municipality under Section 10-9a-801 and to a county
1398 under Section 17-27a-801 do not apply in a challenge under Subsection (4)(a)(i)(A).
1399 (5) The [judge may] court shall award reasonable attorneys' fees and costs to [the
1400 prevailing party in any action brought under this section] each person or entity that prevails in a
1401 declaratory judgment action under Subsection (1) or a district court challenge under Subsection
1402 (4).
1403 (6) Nothing in this chapter may be construed as restricting or limiting any rights to
1404 challenge impact fees that were paid before the effective date of this chapter.
1405 Section 28. Section 11-36-601 is enacted to read:
1406 11-36-601. Penalties.
1407 (1) A local political subdivision may by ordinance establish penalties for a violation of
1408 any provision of this chapter or of any ordinance adopted under the authority of this chapter.
1409 (2) Violation of any of the provisions of this chapter or of any ordinance adopted under
1410 the authority of this chapter is punishable as a class B misdemeanor upon conviction either:
1411 (a) as a class B misdemeanor; or
1412 (b) by imposing the appropriate civil penalty adopted under the authority of this
1413 section.
1414 (3) Each officer or employee of a local political subdivision who violates a provision of
1415 the local political subdivision's land use ordinance or this chapter is guilty of a class B
1416 misdemeanor.
1417 Section 29. Section 17-27a-102 is amended to read:
1418 17-27a-102. Purposes -- General land use authority.
1419 (1) (a) The purposes of this chapter are to provide for the health, safety, and welfare,
1420 and promote the prosperity, improve the [morals,] peace and good order, [comfort,] and
1421 convenience[, and aesthetics] of each county and its present and future inhabitants and
1422 businesses, to protect property rights, to protect the tax base, to secure economy in

1423 governmental expenditures, to foster the state's agricultural and other industries, and to protect
1424 both urban and nonurban development[, to protect and ensure access to sunlight for solar
1425 energy devices, and to protect property values].
1426 (b) To accomplish the purposes of this chapter, counties may enact [all] appropriate
1427 ordinances, resolutions, and rules that support proper community development and protect
1428 property owners' rights to own, hold, develop, and manage their property, and may enter into
1429 other forms of land use controls and development agreements that [they consider necessary or]
1430 are appropriate for the use and development of land within the unincorporated area of the
1431 county, including ordinances, resolutions, rules, restrictive covenants, easements, and
1432 development agreements governing uses, density, open spaces, structures, buildings,
1433 energy-efficiency, light and air, air quality, transportation and public or alternative
1434 transportation, infrastructure, street and building orientation and width requirements, public
1435 facilities, and height and location of vegetation, trees, and landscaping, unless expressly
1436 prohibited by law.
1437 (2) Each county shall comply with the mandatory provisions of this part before any
1438 agreement or contract to provide goods, services, or municipal-type services to any storage
1439 facility or transfer facility for high-level nuclear waste, or greater than class C radioactive
1440 waste, may be executed or implemented.
1441 Section 30. Section 17-27a-103 is amended to read:
1442 17-27a-103. Definitions.
1443 As used in this chapter:
1444 (1) "Affected entity" means a county, municipality, independent special district under
1445 Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B, Chapter 2,
1446 Local Districts, school district, interlocal cooperation entity established under Title 11, Chapter
1447 13, Interlocal Cooperation Act, specified public utility, or the Utah Department of
1448 Transportation, if:
1449 (a) the entity's services or facilities are likely to require expansion or significant
1450 modification because of an intended use of land;
1451 (b) the entity has filed with the county a copy of the entity's general or long-range plan;
1452 or
1453 (c) the entity's boundaries or facilities are within one mile of land that is the subject of

1454 a general plan amendment or land use ordinance change.
1455 (2) "Affected property owner" means an owner of at least two acres of commercial,
1456 residential, agricultural, institutional, or industrial land that is the subject of a proposed change
1457 in zoning designation or land use.
1458 [(2)] (3) "Appeal authority" means the person, board, commission, agency, or other
1459 body designated by ordinance to decide an appeal of a decision of a land use application or a
1460 variance.
1461 [(3)] (4) "Billboard" means a freestanding ground sign located on industrial,
1462 commercial, or residential property if the sign is designed or intended to direct attention to a
1463 business, product, or service that is not sold, offered, or existing on the property where the sign
1464 is located.
1465 [(4)] (5) "Charter school" includes:
1466 (a) an operating charter school;
1467 (b) a charter school applicant that has its application approved by a chartering entity in
1468 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
1469 (c) an entity who is working on behalf of a charter school or approved charter applicant
1470 to develop or construct a charter school building.
1471 [(5)] (6) "Chief executive officer" means the person or body that exercises the
1472 executive powers of the county.
1473 [(6)] (7) "Conditional use" means a land use that, because of its unique characteristics
1474 or potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
1475 compatible in some areas or may be compatible only if certain conditions are required that
1476 mitigate or eliminate the detrimental impacts.
1477 [(7)] (8) "Constitutional taking" means a governmental action that results in a taking of
1478 private property so that compensation to the owner of the property is required by the:
1479 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
1480 (b) Utah Constitution Article I, Section 22.
1481 [(8)] (9) "Culinary water authority" means the department, agency, or public entity with
1482 responsibility to review and approve the feasibility of the culinary water system and sources for
1483 the subject property.
1484 [(9)] (10) (a) "Disability" means a physical or mental impairment that substantially

1485 limits one or more of a person's major life activities, including a person having a record of such
1486 an impairment or being regarded as having such an impairment.
1487 (b) "Disability" does not include current illegal use of, or addiction to, any federally
1488 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
1489 802.
1490 [(10)] (11) "Elderly person" means a person who is 60 years old or older, who desires
1491 or needs to live with other elderly persons in a group setting, but who is capable of living
1492 independently.
1493 [(11)] (12) "Gas corporation" has the same meaning as defined in Section 54-2-1 .
1494 [(12)] (13) "General plan" means a document that a county adopts that sets forth
1495 general guidelines for proposed future development of the unincorporated land within the
1496 county.
1497 [(13)] (14) "Identical plans" means building plans submitted to a county that are
1498 substantially identical building plans that were previously submitted to and reviewed and
1499 approved by the county and describe a building that is:
1500 (a) located on land zoned the same as the land on which the building described in the
1501 previously approved plans is located; and
1502 (b) subject to the same geological and meteorological conditions and the same law as
1503 the building described in the previously approved plans.
1504 [(14)] (15) "Interstate pipeline company" means a person or entity engaged in natural
1505 gas transportation subject to the jurisdiction of the Federal Energy Regulatory Commission
1506 under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1507 [(15)] (16) "Intrastate pipeline company" means a person or entity engaged in natural
1508 gas transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
1509 Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1510 [(16)] (17) "Land use application" means an application required by a county's land use
1511 ordinance.
1512 [(17)] (18) "Land use authority" means a person, board, commission, agency, or other
1513 body designated by the local legislative body to act upon a land use application.
1514 [(18)] (19) "Land use ordinance" means a planning, zoning, development, or
1515 subdivision ordinance of the county, but does not include the general plan.

1516 [(19)] (20) "Legislative body" means the county legislative body, or for a county that
1517 has adopted an alternative form of government, the body exercising legislative powers.
1518 [(20)] (21) "Lot line adjustment" means the relocation of the property boundary line [in
1519 a subdivision] between two adjoining lots with the consent of the owners of record.
1520 [(21)] (22) "Moderate income housing" means housing occupied or reserved for
1521 occupancy by households with a gross household income equal to or less than 80% of the
1522 median gross income for households of the same size in the county in which the housing is
1523 located.
1524 [(22)] (23) "Nominal fee" means a fee that reasonably reimburses a county only for
1525 time spent and expenses incurred in:
1526 (a) verifying that building plans are identical plans; and
1527 (b) reviewing and approving those minor aspects of identical plans that differ from the
1528 previously reviewed and approved building plans.
1529 [(23)] (24) "Noncomplying structure" means a structure that:
1530 (a) legally existed before its current land use designation; and
1531 (b) because of one or more subsequent land use ordinance changes, does not conform
1532 to the setback, height restrictions, or other regulations, excluding those regulations that govern
1533 the use of land.
1534 [(24)] (25) "Nonconforming use" means a use of land that:
1535 (a) legally existed before its current land use designation;
1536 (b) has been maintained continuously since the time the land use ordinance regulation
1537 governing the land changed; and
1538 (c) because of one or more subsequent land use ordinance changes, does not conform
1539 to the regulations that now govern the use of the land.
1540 [(25)] (26) "Official map" means a map drawn by county authorities and recorded in
1541 the county recorder's office that:
1542 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
1543 highways and other transportation facilities;
1544 (b) provides a basis for restricting development in designated rights-of-way or between
1545 designated setbacks to allow the government authorities time to purchase or otherwise reserve
1546 the land; and

1547 (c) has been adopted as an element of the county's general plan.
1548 [(26)] (27) "Person" means an individual, corporation, partnership, organization,
1549 association, trust, governmental agency, or any other legal entity.
1550 [(27)] (28) "Plan for moderate income housing" means a written document adopted by
1551 a county legislative body that includes:
1552 (a) an estimate of the existing supply of moderate income housing located within the
1553 county;
1554 (b) an estimate of the need for moderate income housing in the county for the next five
1555 years as revised biennially;
1556 (c) a survey of total residential land use;
1557 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
1558 income housing; and
1559 (e) a description of the county's program to encourage an adequate supply of moderate
1560 income housing.
1561 [(28)] (29) "Plat" means a map or other graphical representation of lands being laid out
1562 and prepared in accordance with Section 17-27a-603 , 17-23-17 , or 57-8-13 .
1563 [(29)] (30) "Public hearing" means a hearing at which members of the public are
1564 provided a reasonable opportunity to comment on the subject of the hearing.
1565 [(30)] (31) "Public meeting" means a meeting that is required to be open to the public
1566 under Title 52, Chapter 4, Open and Public Meetings.
1567 [(31)] (32) "Record of survey map" means a map of a survey of land prepared in
1568 accordance with Section 17-23-17 .
1569 [(32)] (33) "Residential facility for elderly persons" means a single-family or
1570 multiple-family dwelling unit that meets the requirements of Part 4, General Plan, but does not
1571 include a health care facility as defined by Section 26-21-2 .
1572 [(33)] (34) "Residential facility for persons with a disability" means a residence:
1573 (a) in which more than one person with a disability resides; and
1574 (b) (i) is licensed or certified by the Department of Human Services under Title 62A,
1575 Chapter 2, Licensure of Programs and Facilities; or
1576 (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
1577 Health Care Facility Licensing and Inspection Act.

1578 [(34)] (35) "Sanitary sewer authority" means the department, agency, or public entity
1579 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
1580 wastewater systems.
1581 [(35)] (36) "Special district" means any entity established under the authority of Title
1582 17A, Special Districts, and any other governmental or quasi-governmental entity that is not a
1583 county, municipality, school district, or unit of the state.
1584 [(36)] (37) "Specified public utility" means an electrical corporation, gas corporation,
1585 or telephone corporation, as those terms are defined in Section 54-2-1 .
1586 [(37)] (38) "Street" means a public right-of-way, including a highway, avenue,
1587 boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement,
1588 or other way.
1589 [(38)] (39) (a) "Subdivision" means any land that is divided, resubdivided or proposed
1590 to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
1591 purpose, whether immediate or future, for offer, sale, lease, or development either on the
1592 installment plan or upon any and all other plans, terms, and conditions.
1593 (b) "Subdivision" includes:
1594 (i) the division or development of land whether by deed, metes and bounds description,
1595 devise and testacy, map, plat, or other recorded instrument; and
1596 (ii) except as provided in Subsection [(38)] (39)(c), divisions of land for residential and
1597 nonresidential uses, including land used or to be used for commercial, agricultural, and
1598 industrial purposes.
1599 (c) "Subdivision" does not include:
1600 (i) a bona fide division or partition of agricultural land for agricultural purposes;
1601 (ii) a recorded agreement between owners of adjoining properties adjusting their
1602 mutual boundary if:
1603 (A) no new lot is created; and
1604 (B) the adjustment does not violate applicable land use ordinances;
1605 (iii) a recorded document, executed by the owner of record:
1606 (A) revising the legal description of more than one contiguous unsubdivided parcel of
1607 property into one legal description encompassing all such parcels of property; or
1608 (B) joining a subdivided parcel of property to another parcel of property that has not

1609 been subdivided, if the joinder does not violate applicable land use ordinances; or
1610 (iv) a bona fide division or partition of land in a county other than a first class county
1611 for the purpose of siting, on one or more of the resulting separate parcels:
1612 (A) an unmanned facility appurtenant to a pipeline owned or operated by a gas
1613 corporation, interstate pipeline company, or intrastate pipeline company; or
1614 (B) an unmanned telecommunications, microwave, fiber optic, electrical, or other
1615 utility service regeneration, transformation, retransmission, or amplification facility.
1616 (d) The joining of a subdivided parcel of property to another parcel of property that has
1617 not been subdivided does not constitute a subdivision under this Subsection [(38)] (39) as to
1618 the unsubdivided parcel of property or subject the unsubdivided parcel to the county's
1619 subdivision ordinance.
1620 [(39)] (40) "Township" means a contiguous, geographically defined portion of the
1621 unincorporated area of a county, established under this part or reconstituted or reinstated under
1622 Section [ 17-27a-307 ] 17-27a-306 , with planning and zoning functions as exercised through the
1623 township planning commission, as provided in this chapter, but with no legal or political
1624 identity separate from the county and no taxing authority, except that "township" means a
1625 former township under Chapter 308, Laws of Utah 1996 where the context so indicates.
1626 [(40)] (41) "Unincorporated" means the area outside of the incorporated area of a
1627 municipality.
1628 [(41)] (42) "Zoning map" means a map, adopted as part of a land use ordinance, that
1629 depicts land use zones, overlays, or districts.
1630 Section 31. Section 17-27a-104 is amended to read:
1631 17-27a-104. Stricter requirements.
1632 [(1) Except as provided in Subsection (2), a] A county may not enact an ordinance
1633 imposing stricter requirements or higher standards than are required by this chapter.
1634 [(2) A county may not impose stricter requirements or higher standards than are
1635 required by:]
1636 [(a) Section 17-27a-305 ;]
1637 [(b) Section 17-27a-513 ;]
1638 [(c) Section 17-27a-515 ; and]
1639 [(d) Section 17-27a-519 .]

1640 Section 32. Section 17-27a-202 is amended to read:
1641 17-27a-202. Applicant notice.
1642 (1) For each land use application, the county shall:
1643 (a) notify the applicant of the date, time, and place of each public hearing and public
1644 meeting to consider the application [and];
1645 (b) provide to each applicant a copy of each staff report and written internal
1646 communication regarding the applicant or the pending application at least three business days
1647 before the public hearing or public meeting; and
1648 (c) notify the applicant of any final action on a pending application.
1649 (2) If a county fails to comply with the requirements of Subsection (1)(a) or (b) or both,
1650 an applicant may waive the failure so that the application may stay on the public hearing or
1651 public meeting agenda and be considered as if the requirements had been met.
1652 Section 33. Section 17-27a-203 is amended to read:
1653 17-27a-203. Notice of intent to prepare a general plan or comprehensive general
1654 plan amendments in certain counties.
1655 (1) Before preparing a proposed general plan or a comprehensive general plan
1656 amendment, each county [of the first or second class] shall provide ten calendar days notice of
1657 its intent to prepare a proposed general plan or a comprehensive general plan amendment to:
1658 (a) each affected property owner;
1659 [(a)] (b) each affected entity;
1660 [(b)] (c) the Automated Geographic Reference Center created in Section 63F-1-506 ;
1661 [(c)] (d) the association of governments, established pursuant to an interlocal
1662 agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which the county is a
1663 member; and
1664 [(d)] (e) the state planning coordinator appointed under Section 63-38d-202 .
1665 (2) Each notice under Subsection (1) shall:
1666 (a) indicate that the county intends to prepare a general plan or a comprehensive
1667 general plan amendment, as the case may be;
1668 (b) describe or provide a map of the geographic area that will be affected by the general
1669 plan or amendment;
1670 (c) be sent by mail, e-mail, or other effective means;

1671 (d) invite the affected entities to provide information for the county to consider in the
1672 process of preparing, adopting, and implementing a general plan or amendment concerning:
1673 (i) impacts that the use of land proposed in the proposed general plan or amendment
1674 may have; and
1675 (ii) uses of land within the county that the affected entity is considering that may
1676 conflict with the proposed general plan or amendment; and
1677 (e) include the address of an Internet website, if the county has one, and the name and
1678 telephone number of a person where more information can be obtained concerning the county's
1679 proposed general plan or amendment.
1680 Section 34. Section 17-27a-204 is amended to read:
1681 17-27a-204. Notice of public hearings and public meetings to consider general
1682 plan or modifications.
1683 (1) A county shall provide:
1684 (a) notice of the date, time, and place of the first public hearing to consider the original
1685 adoption or any modification of all or any portion of a general plan; and
1686 (b) notice of each public meeting on the subject.
1687 (2) Each notice of a public hearing under Subsection (1)(a) shall be at least ten
1688 calendar days before the public hearing and shall be:
1689 (a) published in a newspaper of general circulation in the area;
1690 (b) mailed to each affected property owner and each affected entity; and
1691 (c) posted:
1692 (i) in at least three public locations within the county; or
1693 (ii) on the county's official website.
1694 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
1695 before the meeting and shall be:
1696 (a) submitted to a newspaper of general circulation in the area; and
1697 (b) posted:
1698 (i) in at least three public locations within the county; or
1699 (ii) on the county's official website.
1700 Section 35. Section 17-27a-205 is amended to read:
1701 17-27a-205. Notice of public hearings and public meetings on adoption or

1702 modification of land use ordinance.
1703 (1) Each county shall give:
1704 (a) notice of the date, time, and place of the first public hearing to consider the
1705 adoption or modification of a land use ordinance; and
1706 (b) notice of each public meeting on the subject.
1707 (2) Each notice of a public hearing under Subsection (1)(a) shall be:
1708 (a) mailed to each affected property owner and each affected entity at least ten calendar
1709 days before the public hearing;
1710 (b) posted:
1711 (i) in at least three public locations within the county; or
1712 (ii) on the county's official website; and
1713 (c) (i) published in a newspaper of general circulation in the area at least ten calendar
1714 days before the public hearing; or
1715 (ii) mailed at least three days before the public hearing to:
1716 (A) each property owner whose land is directly affected by the land use ordinance
1717 change; and
1718 (B) each adjacent property owner within the parameters specified by county ordinance.
1719 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
1720 before the hearing and shall be posted:
1721 (a) in at least three public locations within the county; or
1722 (b) on the county's official website.
1723 Section 36. Section 17-27a-302 is amended to read:
1724 17-27a-302. Planning commission powers and duties.
1725 (1) Each countywide or township planning commission shall, with respect to the
1726 unincorporated area of the county, or the township, make a recommendation to the county
1727 legislative body for:
1728 (a) a general plan and amendments to the general plan;
1729 (b) land use ordinances, zoning maps, official maps, and amendments;
1730 (c) an appropriate delegation of power to at least one designated land use authority to
1731 hear and act on a land use application;
1732 (d) an appropriate delegation of power to at least one appeal authority to hear and act

1733 on an appeal from a decision of the land use authority; and
1734 (e) application processes that:
1735 (i) [may] shall include a designation of routine land use matters that, upon application
1736 and proper notice, will receive informal streamlined review and action if the application is
1737 uncontested; and
1738 (ii) shall protect the right of each:
1739 (A) applicant and third party to require formal consideration of any application by a
1740 land use authority;
1741 (B) applicant, adversely affected party, or county officer or employee to appeal a land
1742 use authority's decision to a separate appeal authority; and
1743 (C) participant to be heard in each public hearing on a contested application.
1744 (2) The planning commission of a township under this part may recommend to the
1745 legislative body of the county in which the township is located:
1746 (a) that the legislative body support or oppose a proposed incorporation of an area
1747 located within the township, as provided in Subsection 10-2-105 (4); or
1748 (b) that the legislative body file a protest to a proposed annexation of an area located
1749 within the township, as provided in Subsection 10-2-407 (1)(b).
1750 (3) (a) Each planning commission meeting shall be subject to Title 52, Chapter 4, Open
1751 and Public Meetings.
1752 (b) Planning commission records are subject to Title 63, Chapter 2, Government
1753 Records Access and Management Act.
1754 Section 37. Section 17-27a-401 is amended to read:
1755 17-27a-401. General plan required -- Content -- Provisions related to radioactive
1756 waste facility.
1757 (1) In order to accomplish the purposes of this chapter, each county shall prepare and
1758 adopt a comprehensive, long-range general plan for:
1759 (a) present and future needs of the county; and
1760 (b) growth and development of all or any part of the land within the unincorporated
1761 portions of the county.
1762 (2) The plan may provide for:
1763 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic

1764 activities, [aesthetics,] and recreational, educational, and cultural opportunities;
1765 [(b) the reduction of the waste of physical, financial, or human resources that result
1766 from either excessive congestion or excessive scattering of population;]
1767 [(c)] (b) the efficient and economical use, conservation, and production of the supply
1768 of:
1769 (i) food and water; and
1770 (ii) drainage, sanitary, and other facilities and resources;
1771 [(d)] (c) the use of energy conservation and solar and renewable energy resources;
1772 [(e)] (d) the protection of urban development;
1773 [(f)] (e) the protection or promotion of moderate income housing;
1774 [(g)] (f) the protection and promotion of air quality;
1775 [(h)] (g) historic preservation;
1776 [(i)] (h) identifying future uses of land that are likely to require an expansion or
1777 significant modification of services or facilities provided by each affected entity; and
1778 [(j)] (i) an official map.
1779 (3) The general plan shall ensure that land use policies, restrictions, and conditions do
1780 not violate private property rights or create unnecessary technical limitations on the use of
1781 property.
1782 [(3)] (4) (a) The plan shall include specific provisions related to any areas within, or
1783 partially within, the exterior boundaries of the county, or contiguous to the boundaries of a
1784 county, which are proposed for the siting of a storage facility or transfer facility for the
1785 placement of high-level nuclear waste or greater than class C radioactive nuclear waste, as
1786 these wastes are defined in Section 19-3-303 . The provisions shall address the effects of the
1787 proposed site upon the health and general welfare of citizens of the state, and shall provide:
1788 (i) the information identified in Section 19-3-305 ;
1789 (ii) information supported by credible studies that demonstrates that the provisions of
1790 Subsection 19-3-307 (2) have been satisfied; and
1791 (iii) specific measures to mitigate the effects of high-level nuclear waste and greater
1792 than class C radioactive waste and guarantee the health and safety of the citizens of the state.
1793 (b) A county may, in lieu of complying with Subsection [(3)] (4)(a), adopt an ordinance
1794 indicating that all proposals for the siting of a storage facility or transfer facility for the

1795 placement of high-level nuclear waste or greater than class C radioactive waste wholly or
1796 partially within the county are rejected.
1797 (c) A county may adopt the ordinance listed in Subsection [(3)] (4)(b) at any time.
1798 (d) The county shall send a certified copy of the ordinance under Subsection [(3)]
1799 (4)(b) to the executive director of the Department of Environmental Quality by certified mail
1800 within 30 days of enactment.
1801 (e) If a county repeals an ordinance adopted pursuant to Subsection [(3)] (4)(b) the
1802 county shall:
1803 (i) comply with Subsection [(3)] (4)(a) as soon as reasonably possible; and
1804 (ii) send a certified copy of the repeal to the executive director of the Department of
1805 Environmental Quality by certified mail within 30 days after the repeal.
1806 [(4)] (5) The plan may define the county's local customs, local culture, and the
1807 components necessary for the county's economic stability.
1808 [(5)] (6) Subject to Subsection 17-27a-403 (2), the county may determine the
1809 comprehensiveness, extent, and format of the general plan.
1810 Section 38. Section 17-27a-403 is amended to read:
1811 17-27a-403. Plan preparation.
1812 (1) (a) The planning commission shall provide notice, as provided in Section
1813 17-27a-203 , of its intent to make a recommendation to the county legislative body for a general
1814 plan or a comprehensive general plan amendment when the planning commission initiates the
1815 process of preparing its recommendation.
1816 (b) The planning commission shall make and recommend to the legislative body a
1817 proposed general plan for the unincorporated area within the county.
1818 (c) (i) The plan may include planning for incorporated areas if, in the planning
1819 commission's judgment, they are related to the planning of the unincorporated territory or of
1820 the county as a whole.
1821 (ii) Elements of the county plan that address incorporated areas are not an official plan
1822 or part of a municipal plan for any municipality, unless it is recommended by the municipal
1823 planning commission and adopted by the governing body of the municipality.
1824 (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
1825 and descriptive and explanatory matter, shall include the planning commission's

1826 recommendations for the following plan elements:
1827 (i) a land use element that:
1828 (A) designates the long-term goals and the proposed extent, general distribution, and
1829 location of land for housing, business, industry, agriculture, recreation, education, public
1830 buildings and grounds, open space, and other categories of public and private uses of land as
1831 appropriate; and
1832 (B) may include a statement of the projections for and standards of population density
1833 and building intensity recommended for the various land use categories covered by the plan;
1834 (ii) a transportation and traffic circulation element consisting of the general location
1835 and extent of existing and proposed freeways, arterial and collector streets, mass transit, and
1836 any other modes of transportation that the planning commission considers appropriate, all
1837 correlated with the population projections and the proposed land use element of the general
1838 plan; and
1839 (iii) an estimate of the need for the development of additional moderate income
1840 housing within the unincorporated area of the county, and a plan to provide a realistic
1841 opportunity to meet estimated needs for additional moderate income housing if long-term
1842 projections for land use and development occur.
1843 (b) In drafting the moderate income housing element, the planning commission:
1844 (i) shall consider the Legislature's determination that counties should facilitate a
1845 reasonable opportunity for a variety of housing, including moderate income housing:
1846 (A) to meet the needs of people desiring to live there; and
1847 (B) to allow persons with moderate incomes to benefit from and fully participate in all
1848 aspects of neighborhood and community life; and
1849 (ii) may include an analysis of why the recommended means, techniques, or
1850 combination of means and techniques provide a realistic opportunity for the development of
1851 moderate income housing within the planning horizon, which means or techniques may include
1852 a recommendation to:
1853 (A) rezone for densities necessary to assure the production of moderate income
1854 housing;
1855 (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
1856 construction of moderate income housing;

1857 (C) encourage the rehabilitation of existing uninhabitable housing stock into moderate
1858 income housing;
1859 (D) consider general fund subsidies to waive construction related fees that are
1860 otherwise generally imposed by the county;
1861 (E) consider utilization of state or federal funds or tax incentives to promote the
1862 construction of moderate income housing;
1863 (F) consider utilization of programs offered by the Utah Housing Corporation within
1864 that agency's funding capacity; and
1865 (G) consider utilization of affordable housing programs administered by the
1866 Department of Community and Culture.
1867 (3) The proposed general plan may include:
1868 (a) an environmental element that addresses:
1869 (i) the protection, conservation, development, and use of natural resources, including
1870 the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
1871 and other natural resources; and
1872 (ii) the reclamation of land, flood control, prevention and control of the pollution of
1873 streams and other waters, [regulation of the use of land on hillsides,] stream channels, and
1874 other environmentally sensitive areas, the prevention, control, and correction of the erosion of
1875 soils, protection of watersheds and wetlands, and the mapping of known geologic hazards;
1876 (b) a public services and facilities element showing general plans for sewage, water,
1877 waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
1878 police and fire protection, and other public services;
1879 (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
1880 programs for:
1881 (i) historic preservation; and
1882 (ii) the diminution or elimination of blight; and
1883 (iii) redevelopment of land, including housing sites, business and industrial sites, and
1884 public building sites;
1885 (d) an economic element composed of appropriate studies and forecasts, as well as an
1886 economic development plan, which may include review of existing and projected county
1887 revenue and expenditures, revenue sources, identification of basic and secondary industry,

1888 primary and secondary market areas, employment, and retail sales activity;
1889 (e) recommendations for implementing all or any portion of the general plan, including
1890 the use of land use ordinances, capital improvement plans, community development and
1891 promotion, and any other appropriate action;
1892 (f) provisions addressing any of the matters listed in Subsection 17-27a-401 (2); and
1893 (g) any other element the county considers appropriate.
1894 Section 39. Section 17-27a-404 is amended to read:
1895 17-27a-404. Public hearing by planning commission on proposed general plan or
1896 amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
1897 by legislative body.
1898 (1) (a) After completing its recommendation for a proposed general plan, or proposal to
1899 amend the general plan, the planning commission shall schedule and hold a public hearing on
1900 the proposed plan or amendment.
1901 (b) The planning commission shall provide notice of the public hearing, as required by
1902 Section 17-27a-204 .
1903 (c) After the public hearing, the planning commission may modify the proposed
1904 general plan or amendment.
1905 (2) The planning commission shall forward the proposed general plan or amendment to
1906 the legislative body.
1907 (3) (a) As provided by local ordinance and by Section 17-27a-204 , the legislative body
1908 shall provide notice of its intent to consider the general plan proposal.
1909 (b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
1910 body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
1911 regarding Subsection 17-27a-401 [(3)] (4). The hearing procedure shall comply with this
1912 Subsection (3)(b).
1913 (ii) The hearing format shall allow adequate time for public comment at the actual
1914 public hearing, and shall also allow for public comment in writing to be submitted to the
1915 legislative body for not fewer than 90 days after the date of the public hearing.
1916 (c) (i) The legislative body shall give notice of the hearing in accordance with this
1917 Subsection (3) when the proposed plan provisions required by Subsection 17-27a-401 [(3)] (4)
1918 are complete.

1919 (ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
1920 the state Legislature, executive director of the Department of Environmental Quality, the state
1921 planning coordinator, the Resource Development Coordinating Committee, and any other
1922 citizens or entities who specifically request notice in writing.
1923 (iii) Public notice shall be given by publication in at least one major Utah newspaper
1924 having broad general circulation in the state, and also in at least one Utah newspaper having a
1925 general circulation focused mainly on the county where the proposed high-level nuclear waste
1926 or greater than class C radioactive waste site is to be located.
1927 (iv) The notice in these newspapers shall be published not fewer than 180 days prior to
1928 the date of the hearing to be held under this Subsection (3), to allow reasonable time for
1929 interested parties and the state to evaluate the information regarding the provisions of
1930 Subsection 17-27a-401 [(3)] (4).
1931 (4) (a) After the public hearing required under this section, the legislative body may
1932 make any revisions to the proposed general plan that it considers appropriate.
1933 (b) The legislative body shall respond in writing and in a substantive manner to all
1934 those providing comments as a result of the hearing required by Subsection (3).
1935 (5) (a) The county legislative body may adopt or reject the proposed general plan or
1936 amendment either as proposed by the planning commission or after making any revision the
1937 county legislative body considers appropriate.
1938 (b) If the county legislative body rejects the proposed general plan or amendment, it
1939 may provide suggestions to the planning commission for its consideration.
1940 (6) The legislative body shall adopt:
1941 (a) a land use element as provided in Subsection 17-27a-403 (2)(a)(i);
1942 (b) a transportation and traffic circulation element as provided in Subsection
1943 17-27a-403 (2)(a)(ii); and
1944 (c) after considering the factors included in Subsection 17-27a-403 (2)(b), a plan to
1945 provide a realistic opportunity to meet estimated needs for additional moderate income housing
1946 if long-term projections for land use and development occur.
1947 Section 40. Section 17-27a-405 is amended to read:
1948 17-27a-405. Effect of general plan.
1949 (1) Except for the mandatory provisions in Subsection 17-27a-401 [(3)] (4)(b) and

1950 Section 17-27a-406 , the general plan is an advisory guide for land use decisions, the impact of
1951 which shall be determined by ordinance.
1952 (2) The legislative body may adopt an ordinance mandating compliance with the
1953 general plan, and shall adopt an ordinance requiring compliance with all provisions of
1954 Subsection 17-27a-401 [(3)] (4)(b).
1955 Section 41. Section 17-27a-409 is amended to read:
1956 17-27a-409. State to indemnify county regarding refusal to site nuclear waste --
1957 Terms and conditions.
1958 If a county is challenged in a court of law regarding its decision to deny siting of a
1959 storage or transfer facility for the placement of high-level nuclear waste or greater than class C
1960 radioactive waste or its refusal to provide municipal-type services regarding the operation of
1961 the storage or transfer facility, the state shall indemnify, defend, and hold the county harmless
1962 from any claims or damages, including court costs and attorney fees that are assessed as a result
1963 of the county's action, if:
1964 (1) the county has complied with the provisions of Subsection 17-27a-401 [(3)] (4)(b)
1965 by adopting an ordinance rejecting all proposals for the siting of a storage or transfer facility for
1966 the placement of high-level nuclear waste or greater than class C radioactive waste wholly or
1967 partially within the boundaries of the county;
1968 (2) the county has complied with Subsection 17-34-1 (3) regarding refusal to provide
1969 municipal-type services; and
1970 (3) the court challenge against the county addresses the county's actions in compliance
1971 with Subsection 17-27a-401 [(3)] (4)(b) or 17-34-1 (3).
1972 Section 42. Section 17-27a-501 is amended to read:
1973 17-27a-501. Authority to enact land use ordinances and zoning map.
1974 (1) The legislative body may enact [land use ordinances and]:
1975 (a) a general plan;
1976 (b) text in a zoning ordinance;
1977 (c) a zoning map for the entire unincorporated area of the county; and
1978 (d) a comprehensive rezoning that affects at least 25 % of the land within the
1979 unincorporated area of the county.
1980 (2) All actions taken under this chapter, other than those identified in Subsection (1),

1981 shall be considered to be administrative in nature.
1982 Section 43. Section 17-27a-502 is amended to read:
1983 17-27a-502. Preparation and adoption of land use ordinance or zoning map.
1984 (1) The planning commission shall:
1985 (a) provide notice as required by Subsection 17-27a-205 (1)(a);
1986 (b) hold a public hearing on a proposed land use ordinance or zoning map; and
1987 (c) prepare and recommend to the legislative body a proposed land use ordinance or
1988 ordinances and zoning map that represent the planning commission's recommendation for
1989 regulating the use and development of land within all or any part of the unincorporated area of
1990 the county.
1991 (2) The county legislative body shall consider each proposed land use ordinance and
1992 zoning map recommended to it by the planning commission, and, after providing notice as
1993 required by Subsection 17-27a-205 (1)(b) and holding a public meeting, the legislative body
1994 may, subject to Subsection 17-27a-505 (1)(b), adopt or reject the proposed ordinance or map
1995 either as proposed by the planning commission or after making any revision the county
1996 legislative body considers appropriate.
1997 Section 44. Section 17-27a-502.5 is enacted to read:
1998 17-27a-502.5. Limitations on changes in zoning designation.
1999 (1) A parcel of property may not be given a zoning designation that would:
2000 (a) materially diminish the reasonable investment-backed expectations of the property's
2001 owner; or
2002 (b) deprive the property owner of all economically viable uses of the property.
2003 (2) If a change in the zoning designation applicable to a parcel of property makes the
2004 intensity of the permitted uses of that property substantially less than the intensity of permitted
2005 uses on property in the same vicinity, after considering all relevant differences in topography or
2006 other natural features, the change may not be approved unless there are countervailing,
2007 compelling public interests in favor of the change in zoning designation.
2008 Section 45. Section 17-27a-504 is amended to read:
2009 17-27a-504. Temporary land use regulations.
2010 (1) (a) A county legislative body may, without prior consideration of or
2011 recommendation from the planning commission, enact an ordinance establishing a temporary

2012 land use regulation for any part or all of the area within the county if:
2013 (i) the legislative body makes a finding of compelling, countervailing public interest;
2014 or
2015 (ii) the area is unregulated.
2016 (b) A temporary land use regulation under Subsection (1)(a) may prohibit or regulate
2017 the erection, construction, reconstruction, or alteration of any building or structure or any
2018 subdivision approval.
2019 (c) A temporary land use regulation under Subsection (1)(a) may not impose an impact
2020 fee or other financial requirement on building or development.
2021 (2) The legislative body shall establish a period of limited effect for the ordinance not
2022 to exceed six months.
2023 (3) (a) A legislative body may, without prior planning commission consideration or
2024 recommendation, enact an ordinance establishing a temporary land use regulation prohibiting
2025 construction, subdivision approval, and other development activities within an area that is the
2026 subject of an Environmental Impact Statement or a Major Investment Study examining the area
2027 as a proposed highway or transportation corridor.
2028 (b) A regulation under Subsection (3)(a):
2029 (i) may not exceed six months in duration;
2030 (ii) may be renewed, if requested by the Transportation Commission created under
2031 Section 72-1-301 , for up to two additional six-month periods by ordinance enacted before the
2032 expiration of the previous regulation; and
2033 (iii) notwithstanding Subsections (3)(b)(i) and (ii), is effective only as long as the
2034 Environmental Impact Statement or Major Investment Study is in progress.
2035 (4) A regulation under this section is not effective unless adopted by ordinance.
2036 (5) Except as provided in this section, a county may not delay consideration of or
2037 disapprove a land use application based on a temporary land use regulation.
2038 Section 46. Section 17-27a-505 is amended to read:
2039 17-27a-505. Zoning districts.
2040 (1) (a) [The] Subject to Subsection (1)(b), the legislative body may divide the territory
2041 over which it has jurisdiction into zoning districts of a number, shape, and area that it considers
2042 appropriate to carry out the purposes of this chapter.

2043 (b) Each change in the designation of a zoning district shall conform as reasonably as
2044 practicable to the request of the property owner whose property is affected by the change.
2045 [(b)] (c) Within those zoning districts, the legislative body may reasonably regulate and
2046 restrict the erection, construction, reconstruction, alteration, repair, or use of buildings and
2047 structures, and the use of land.
2048 (2) The legislative body shall ensure that the regulations are uniform for each class or
2049 kind of buildings throughout each zone, but the regulations in one zone may differ from those
2050 in other zones.
2051 (3) (a) There is no minimum area or diversity of ownership requirement for a zone
2052 designation.
2053 (b) Neither the size of a zoning district nor the number of landowners within the
2054 district may be used as evidence of the illegality of a zoning district or of the invalidity of a
2055 county decision.
2056 Section 47. Section 17-27a-508 is amended to read:
2057 17-27a-508. When a land use applicant is entitled to approval -- Exception --
2058 County required to comply with land use ordinances.
2059 (1) (a) (i) An applicant is entitled to approval of a land use application if the
2060 application conforms to the requirements of the general plan, the land use map, or an applicable
2061 land use ordinance in effect when a complete application is submitted and all fees have been
2062 paid, unless:
2063 [(i)] (A) the land use authority, on the record, finds that:
2064 (I) a compelling, countervailing public interest would be jeopardized by approving the
2065 application; or
2066 (II) approval of the application would place the health or safety of the community at
2067 risk; or
2068 [(ii)] (B) in the manner provided by local ordinance and before the application is
2069 submitted, the county has formally initiated proceedings to amend its ordinances in a manner
2070 that would prohibit approval of the application as submitted.
2071 (ii) A county may not delay consideration of or disapprove a land use application based
2072 on a proposed amendment to the county's ordinances if formal proceedings to adopt the
2073 amendment have not been initiated before the application is filed.

2074 (b) The county shall process an application without regard to proceedings initiated to
2075 amend the county's ordinances if:
2076 (i) 180 days have passed since the proceedings were initiated; and
2077 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
2078 application as submitted.
2079 (c) An application for a land use approval is considered submitted and complete when
2080 the application is provided in a form that complies with the requirements of applicable
2081 ordinances and all applicable fees have been paid.
2082 (d) Any checklist or additional recommendations provided by the county to an
2083 applicant relating to the use of the applicant's land that are not required under applicable land
2084 use ordinances are advisory only, and the applicant is under no obligation to comply with them.
2085 [(d)] (e) The continuing validity of an approval of a land use application is conditioned
2086 upon the applicant proceeding after approval to implement the approval with reasonable
2087 diligence and is not affected by any county action or inaction.
2088 (2) A county is bound by the terms and standards of applicable land use ordinances and
2089 shall comply with mandatory provisions of those ordinances.
2090 Section 48. Section 17-27a-509.5 is enacted to read:
2091 17-27a-509.5. Development applications -- Approval process.
2092 (1) Development of a parcel of real property may not be permitted without an approved
2093 development application.
2094 (2) Each development application shall be submitted:
2095 (a) on a form provided by the county;
2096 (b) under the ordinances of the county in effect at the time the application is submitted;
2097 (c) with the fees required by the county; and
2098 (d) with any other information required by the ordinances of the county.
2099 (3) A county may not require a development application for a preliminary subdivision
2100 plat to include any information other than:
2101 (a) street and transportation layout;
2102 (b) lot layouts with side yard requirement and square footage designations;
2103 (c) utility easements;
2104 (d) parks, trails, and open space designations;

2105 (e) landscape features;
2106 (f) density and land use analysis;
2107 (g) essential infrastructure; and
2108 (h) scale drawings.
2109 (4) (a) A county may confer with a development application applicant to determine
2110 whether completing staff review of the development application within the time specified in
2111 this section will require the county to retain an outside consultant or to pay overtime to regular
2112 staff.
2113 (b) If the county determines, in its sole discretion, to use an outside consultant or to pay
2114 overtime to regular staff to process a development application within the time specified in this
2115 section, the applicant shall pay the county the amount the county reasonably estimates to be the
2116 difference between the cost of the outside consultant or overtime pay and the cost of routine
2117 review by the county.
2118 (c) Upon completion of the review of the development application:
2119 (i) the applicant shall immediately pay the county the difference between the actual
2120 cost of the outside consultant or overtime and the estimated cost, if the actual cost exceeds the
2121 estimated cost; or
2122 (ii) the county shall immediately credit the applicant for the difference between the
2123 estimated cost of the outside consultant or overtime and the actual cost, if the actual cost is less
2124 than the estimated cost.
2125 (5) Unless the land use application applicant otherwise agrees in writing, the county
2126 shall, within 45 days after its receipt of the land use application:
2127 (a) complete the initial staff review of the land use application; and
2128 (b) (i) notify the applicant that the land use application is complete and deliver it to:
2129 (A) the land use authority; or
2130 (B) the planning commission, if the planning commission is not the land use authority
2131 and the county's ordinances require planning commission review and recommendation before
2132 being submitted to the land use authority; or
2133 (ii) return the land use application to the applicant indicating any deficiencies in the
2134 land use application.
2135 (6) After the applicant has corrected any deficiencies identified in the staff review

2136 process and resubmitted the land use application to the county, the application shall
2137 immediately be delivered to:
2138 (a) the planning commission, if the planning commission is not the land use authority
2139 and is required to review and make a recommendation on a land use application before it is
2140 considered by the county's land use authority; or
2141 (b) the land use authority.
2142 (7) (a) If a county's planning commission is not the land use authority and is required to
2143 review and make a recommendation on a land use application before it is considered by the
2144 county's land use authority, the planning commission shall hold a public hearing and make a
2145 recommendation on the land use application to the land use authority within 28 days after the
2146 land use application is delivered to the planning commission, unless the applicant agrees in
2147 writing to a longer period of time.
2148 (b) If the planning commission, if applicable, fails to make a recommendation
2149 regarding the land use application within the time required under Subsection (7)(a), the
2150 planning commission shall be considered to have recommended approval of the land use
2151 application.
2152 (c) If the planning commission recommends disapproval of a land use application, the
2153 planning commission shall state on the record its reasons for its recommendation.
2154 (8) (a) Each land use authority shall hold a public hearing and approve or disapprove a
2155 land use application within 28 days after the land use application is delivered to the land use
2156 authority, unless the applicant agrees in writing to a longer period of time.
2157 (b) If the land use authority fails to approve or disapprove the land use application
2158 within the time required under Subsection (8)(a), the land use authority shall be considered to
2159 have recommended approval of the land use application.
2160 (c) If the land use authority disapproves a land use application, the land use authority
2161 shall state on the record its reasons for the disapproval.
2162 (9) A county may not deny a land use application on a scientific or technical basis if:
2163 (a) the applicant has presented relevant scientific or technical expert testimony in
2164 support of the application; and
2165 (b) the scientific or technical expert testimony presented by the applicant is not
2166 contradicted by the testimony of a similarly qualified scientific or technical expert.

2167 (10) Each county that receives a land use application shall cooperate in good faith to
2168 assist the applicant to obtain any third-party approval necessary for approval of the land use
2169 application.
2170 (11) (a) Each approval or denial of a land use application shall be:
2171 (i) in writing; and
2172 (ii) based upon sound reason and practical application of recognized principles of law.
2173 (b) Each denial of a land use development application shall be accompanied by a
2174 reasoned statement that:
2175 (i) explains the criteria and standards considered relevant;
2176 (ii) states the relevant contested facts relied upon;
2177 (iii) explains the rationale for the decision based on the applicable provisions of the
2178 general plan, relevant ordinance, statutory, and constitutional provisions, and factual
2179 information contained in the record.
2180 (12) (a) Nothing in this chapter may be construed to prohibit a county from specifying
2181 in ordinance or in a development agreement a shorter time period for processing a land use
2182 application than specified in this chapter.
2183 (b) Nothing in this section may be construed to require a hearing before the planning
2184 commission or county legislative body if the hearing is not otherwise required by this chapter
2185 or county ordinance.
2186 Section 49. Section 17-27a-510 is amended to read:
2187 17-27a-510. Nonconforming uses and noncomplying structures.
2188 (1) (a) Except as provided in this section, a nonconforming use or a noncomplying
2189 structure may be continued by the present or a future property owner.
2190 (b) A nonconforming use may be extended through the same building, provided no
2191 structural alteration of the building is proposed or made for the purpose of the extension.
2192 (c) For purposes of this Subsection (1), the addition of a solar energy device to a
2193 building is not a structural alteration.
2194 (2) The legislative body may provide for:
2195 (a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
2196 substitution of nonconforming uses upon the terms and conditions set forth in the land use
2197 ordinance;

2198 (b) the termination of all nonconforming uses, except billboards, by providing a
2199 formula establishing a reasonable time period during which the owner can recover or amortize
2200 the amount of his investment in the nonconforming use, if any; and
2201 (c) the termination of a nonconforming use due to its abandonment.
2202 (3) (a) A county may not prohibit the reconstruction or restoration of a noncomplying
2203 structure or terminate the nonconforming use of a structure that is involuntarily destroyed in
2204 whole or in part due to fire or other calamity unless the structure or use has been abandoned.
2205 (b) A county may prohibit the reconstruction or restoration of a noncomplying structure
2206 or terminate the nonconforming use of a structure if:
2207 (i) the structure is allowed to deteriorate to a condition that the structure is rendered
2208 uninhabitable and is not repaired or restored within six months after written notice to the
2209 property owner that the structure is uninhabitable and that the noncomplying structure or
2210 nonconforming use will be lost if the structure is not repaired or restored within six months; or
2211 (ii) the property owner has voluntarily demolished a majority of the noncomplying
2212 structure or the building that houses the nonconforming use.
2213 [(4) (a) Unless the county establishes, by ordinance, a uniform presumption of legal
2214 existence for nonconforming uses, the property owner shall have the burden of establishing the
2215 legal existence of a noncomplying structure or nonconforming use.]
2216 [(b)] (4) (a) Any party, including a county, claiming that a nonconforming use has been
2217 abandoned shall have the burden of establishing the abandonment.
2218 (b) A use in existence for a period of at least seven years that does not conform to a
2219 county's land use ordinances shall be considered a nonconforming use that shall be allowed to
2220 continue until terminated as provided in this section, regardless of whether the use has
2221 previously been declared to be or acknowledged as a nonconforming use or whether the use
2222 was lawful at the time it was established.
2223 (c) Abandonment may be presumed to have occurred if:
2224 (i) a majority of the primary structure associated with the nonconforming use has been
2225 voluntarily demolished without prior written agreement with the county regarding an extension
2226 of the nonconforming use;
2227 (ii) the use has been discontinued for a minimum of one year; or
2228 (iii) the primary structure associated with the nonconforming use remains vacant for a

2229 period of one year.
2230 (d) The property owner may rebut the presumption of abandonment under Subsection
2231 (4)(c), and shall have the burden of establishing that any claimed abandonment under
2232 Subsection (4)(c) has not in fact occurred.
2233 (5) A county may terminate the nonconforming status of a school district or charter
2234 school use or structure when the property associated with the school district or charter school
2235 use or structure ceases to be used for school district or charter school purposes for a period
2236 established by ordinance.
2237 Section 50. Section 17-27a-603 is amended to read:
2238 17-27a-603. Plat required when land is subdivided -- Approval of plat --
2239 Recording plat.
2240 (1) Unless exempt under Section 17-27a-605 or excluded from the definition of
2241 subdivision under Subsection 17-27a-103 [(37)] (39), whenever any land is laid out and platted,
2242 the owner of the land shall provide an accurate plat that describes or specifies:
2243 (a) a name or designation of the subdivision that is distinct from any plat already
2244 recorded in the county recorder's office;
2245 (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
2246 their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
2247 intended to be used as a street or for any other public use, and whether any such area is
2248 reserved or proposed for dedication for a public purpose;
2249 (c) the lot or unit reference, block or building reference, street or site address, street
2250 name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
2251 and width of the blocks and lots intended for sale; and
2252 (d) every existing right-of-way and easement grant of record for underground facilities,
2253 as defined in Section 54-8a-2 , and for other utility facilities.
2254 (2) Subject to Subsections (3), (4), [and] (5), and (6), if the plat conforms to the
2255 county's ordinances and this part and has been approved by the culinary water authority and the
2256 sanitary sewer authority, the county shall approve the plat.
2257 (3) A county may not prohibit a cul-de-sac that is shorter than 600 feet in length.
2258 [(3)] (4) The county may withhold an otherwise valid plat approval until the owner of
2259 the land provides the legislative body with a tax clearance indicating that all taxes, interest, and

2260 penalties owing on the land have been paid.
2261 [(4)] (5) (a) The owner of the land shall acknowledge the plat before an officer
2262 authorized by law to take the acknowledgment of conveyances of real estate and shall obtain
2263 the signature of each individual designated by the county.
2264 (b) The surveyor making the plat shall certify that the surveyor:
2265 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
2266 Land Surveyors Licensing Act;
2267 (ii) has completed a survey of the property described on the plat in accordance with
2268 Section 17-23-17 and has verified all measurements; and
2269 (iii) has placed monuments as represented on the plat.
2270 (c) As applicable, the owner or operator of the underground and utility facilities shall
2271 approve the:
2272 (i) boundary, course, dimensions, and intended use of the right-of-way and easement
2273 grants of record;
2274 (ii) location of existing underground and utility facilities; and
2275 (iii) conditions or restrictions governing the location of the facilities within the
2276 right-of-way, and easement grants of records, and utility facilities within the subdivision.
2277 [(5)] (6) (a) After the plat has been acknowledged, certified, and approved, the owner
2278 of the land shall, within the time period designated by ordinance, record the plat in the county
2279 recorder's office in the county in which the lands platted and laid out are situated.
2280 (b) An owner's failure to record a plat within the time period designated by ordinance
2281 renders the plat voidable.
2282 Section 51. Section 17-27a-702 is amended to read:
2283 17-27a-702. Variances.
2284 (1) Any person or entity desiring a waiver or modification of the requirements of a land
2285 use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some
2286 other beneficial interest may apply to the applicable appeal authority for a variance from the
2287 terms of the ordinance.
2288 (2) (a) The appeal authority may grant a variance only if:
2289 (i) literal enforcement of the ordinance would cause an unreasonable hardship for the
2290 applicant that is not necessary to carry out the general purpose of the land use ordinances;

2291 (ii) there are special circumstances attached to the property that do not generally apply
2292 to other properties in the same zone;
2293 (iii) granting the variance is essential to the enjoyment of a substantial property right
2294 possessed by other property in the same zone;
2295 (iv) the variance will not substantially affect the general plan and will not be contrary
2296 to the public interest; [and]
2297 (v) the spirit of the land use ordinance is observed and substantial justice done.
2298 (b) (i) In determining whether or not enforcement of the land use ordinance would
2299 cause unreasonable hardship under Subsection (2)(a), the appeal authority may not find an
2300 unreasonable hardship unless the alleged hardship:
2301 (A) is located on or associated with the property for which the variance is sought; and
2302 (B) comes from circumstances peculiar to the property or conditions imposed by the
2303 county, not from conditions that are general to the neighborhood.
2304 (ii) In determining whether or not enforcement of the land use ordinance would cause
2305 unreasonable hardship under Subsection (2)(a), the appeal authority may not find an
2306 unreasonable hardship if the hardship is self-imposed [or economic].
2307 (c) In determining whether or not there are special circumstances attached to the
2308 property under Subsection (2)(a), the appeal authority may find that special circumstances exist
2309 only if the special circumstances:
2310 (i) relate to the hardship complained of; and
2311 (ii) deprive the property of privileges granted to other properties in the same zone or
2312 requested zone.
2313 (3) The applicant shall bear the burden of proving that all of the conditions justifying a
2314 variance have been met.
2315 (4) Variances run with the land.
2316 (5) The appeal authority may not grant a use variance.
2317 (6) In granting a variance, the appeal authority may impose additional requirements on
2318 the applicant that will:
2319 (a) mitigate any harmful affects of the variance; or
2320 (b) serve the purpose of the standard or requirement that is waived or modified.
2321 (7) Each appeal authority shall notify each applicant who has been denied a variance of

2322 the place and time for filing an appeal.
2323 Section 52. Section 17-27a-703 is amended to read:
2324 17-27a-703. Appealing a land use authority's decision.
2325 (1) The applicant, a board or officer of the county, or any person adversely affected by
2326 the land use authority's decision administering or interpreting a land use ordinance may, within
2327 the time period provided by ordinance, appeal that decision to the appeal authority by alleging
2328 that there is error in any order, requirement, decision, or determination made by the land use
2329 authority in the administration or interpretation of the land use ordinance.
2330 (2) In each decision denying a land use application, the county shall notify the
2331 applicant of the time and place for filing an appeal.
2332 Section 53. Section 17-27a-801 is amended to read:
2333 17-27a-801. No district court review until administrative remedies exhausted --
2334 Time for filing -- Tolling of time -- Standards governing court review -- Record on review
2335 -- Staying of decision.
2336 (1) No person may challenge in district court a county's land use decision made under
2337 this chapter, or under a regulation made under authority of this chapter, until that person has
2338 exhausted the person's administrative remedies as provided in Part 7, Appeal Authority and
2339 Variances, if applicable.
2340 (2) (a) Any person adversely affected by a final decision made in the exercise of or in
2341 violation of the provisions of this chapter may file a petition for review of the decision with the
2342 district court within 30 days after the local land use decision is final.
2343 (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
2344 property owner files a request for arbitration of a constitutional taking issue with the property
2345 rights ombudsman under Section 63-34-13 until 30 days after:
2346 (A) the arbitrator issues a final award; or
2347 (B) the property rights ombudsman issues a written statement under Subsection
2348 63-34-13 [(4)] (5)(b) declining to arbitrate or to appoint an arbitrator.
2349 (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
2350 taking issue that is the subject of the request for arbitration filed with the property rights
2351 ombudsman by a property owner.
2352 (iii) A request for arbitration filed with the property rights ombudsman after the time

2353 under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
2354 (3) (a) [The] Subject to Subsection (3)(e), the courts shall:
2355 (i) presume that a decision, ordinance, or regulation made under the authority of this
2356 chapter is valid; and
2357 (ii) determine only whether or not the decision, ordinance, or regulation is arbitrary,
2358 capricious, or illegal.
2359 (b) [A] Except as provided in Subsection (3)(e), a decision, ordinance, or regulation
2360 involving the exercise of legislative discretion is valid if the decision, ordinance, or regulation
2361 is [reasonably debatable and not illegal] supported by substantial evidence in the record and is
2362 not arbitrary, capricious, or illegal.
2363 (c) A final decision of a land use authority or an appeal authority is valid if the decision
2364 is supported by substantial evidence in the record and is not arbitrary, capricious, or illegal.
2365 (d) A determination of illegality requires a determination that the decision, ordinance,
2366 or regulation violates a law, statute, or ordinance in effect at the time the decision was made or
2367 the ordinance or regulation adopted.
2368 (e) Reasons for which the court shall consider a decision to be arbitrary or capricious
2369 include that the decision:
2370 (i) is based on public clamor;
2371 (ii) is based on the personal preferences, desires, or whims of the members of the
2372 legislative body; or
2373 (iii) does not conform to municipal ordinances or state or federal law.
2374 (f) In determining whether there is substantial evidence supporting a decision, the court
2375 shall determine whether the evidence supporting the decision would convince a reasonable
2376 person, after weighing all the evidence in the record supporting and opposing the decision, to
2377 agree with the decision.
2378 (g) If a decision is based on scientific or technical expert testimony, the evidence
2379 presented by the expert shall be presumed to be substantial evidence unless it is contradicted by
2380 the testimony of a similarly qualified scientific or technical expert.
2381 (h) In reviewing a decision, the court shall consider the proceedings as a whole and
2382 evaluate the adequacy of procedures and of the decision in light of practical considerations with
2383 an emphasis on fundamental fairness and the essentials of reasoned decision-making.

2384 (i) If a decision is found to be arbitrary or capricious, the court shall:
2385 (i) grant the land use application that is the subject of the court review; and
2386 (ii) award court costs and a reasonable attorney's fee to the applicant.
2387 (4) The provisions of Subsection (2)(a) apply from the date on which the county takes
2388 final action on a land use application for any adversely affected third party, if the county
2389 conformed with the notice provisions of Part 2, Notice, or for any person who had actual notice
2390 of the pending decision.
2391 (5) If the county has complied with Section 17-27a-205 , a challenge to the enactment
2392 of a land use ordinance or general plan may not be filed with the district court more than 30
2393 days after the enactment.
2394 (6) The petition is barred unless it is filed within 30 days after land use authority or the
2395 appeal authority's decision is final.
2396 (7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
2397 the reviewing court the record of its proceedings, including its minutes, findings, orders and, if
2398 available, a true and correct transcript of its proceedings.
2399 (b) If the proceeding was tape recorded, a transcript of that tape recording is a true and
2400 correct transcript for purposes of this Subsection (7).
2401 (8) (a) (i) If there is a record, the district court's review is limited to the record provided
2402 by the land use authority or appeal authority, as the case may be, including all information
2403 supplied by the applicant or petitioner to the land use authority or appeal authority.
2404 (ii) The court may not accept or consider any evidence outside the record of the land
2405 use authority or appeal authority, as the case may be, unless that evidence was offered to the
2406 land use authority or appeal authority, respectively, and the court determines that it was
2407 improperly excluded.
2408 (b) If there is no record, the court may call witnesses and take evidence.
2409 (9) (a) The filing of a petition does not stay the decision of the land use authority or
2410 appeal authority, as the case may be.
2411 (b) (i) Before filing a petition under this section or a request for mediation or
2412 arbitration of a constitutional taking issue under Section 63-34-13 , the aggrieved party may
2413 petition the appeal authority to stay its decision.
2414 (ii) Upon receipt of a petition to stay, the appeal authority may order its decision stayed

2415 pending district court review if the appeal authority finds it to be in the best interest of the
2416 county.
2417 (iii) After a petition is filed under this section or a request for mediation or arbitration
2418 of a constitutional taking issue is filed under Section 63-34-13 , the petitioner may seek an
2419 injunction staying the appeal authority's decision.
2420 Section 54. Section 17-27a-803 is amended to read:
2421 17-27a-803. Penalties.
2422 (1) The county may, by ordinance, establish civil penalties for violations of any of the
2423 provisions of this chapter or of any ordinances adopted under the authority of this chapter.
2424 (2) Violation of any of the provisions of this chapter or of any ordinances adopted
2425 under the authority of this chapter is punishable as a class C misdemeanor upon conviction
2426 either:
2427 (a) as a class C misdemeanor; or
2428 (b) by imposing the appropriate civil penalty adopted under the authority of this
2429 section.
2430 (3) Each officer or employee of a county who violates a provision of the county's land
2431 use ordinances or this chapter is guilty of a class B misdemeanor.
2432 Section 55. Section 17-34-6 is amended to read:
2433 17-34-6. State to indemnify county regarding refusal to site nuclear waste --
2434 Terms and conditions.
2435 If a county is challenged in a court of law regarding its decision to deny siting of a
2436 storage or transfer facility for the placement of high-level nuclear waste or greater than class C
2437 radioactive waste or its refusal to provide municipal-type services regarding the operation of
2438 the storage or transfer facility, the state shall indemnify, defend, and hold the county harmless
2439 from any claims or damages, including court costs and attorney fees that are assessed as a result
2440 of the county's action, if:
2441 (1) the county has complied with the provisions of Subsection 17-27a-401 [(3)] (4)(b)
2442 by adopting an ordinance rejecting all proposals for the siting of a storage or transfer facility for
2443 the placement of high-level nuclear waste or greater than class C radioactive waste wholly or
2444 partially within the boundaries of the county;
2445 (2) the county has complied with Subsection 17-34-1 (3) regarding refusal to provide

2446 municipal-type services; and
2447 (3) the court challenge against the county addresses the county's actions in compliance
2448 with Subsection 17-27a-401 [(3)] (4)(b) or 17-34-1 (3).




Legislative Review Note
as of 1-11-06 9:28 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel