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First Substitute H.B. 282
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7 LONG TITLE
8 General Description:
9 This bill amends the definition of "educational facility."
10 Highlighted Provisions:
11 This bill:
12 . amends the definition of "educational facility"; and
13 . makes technical corrections.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 10-9a-103, as last amended by Laws of Utah 2009, Chapters 163, 181, and 286
21 10-9a-305, as last amended by Laws of Utah 2009, Chapters 181 and 286
22 17-27a-103, as last amended by Laws of Utah 2009, Chapters 163, 181, and 286
23 17-27a-305, as last amended by Laws of Utah 2009, Chapters 181 and 286
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 10-9a-103 is amended to read:
27 10-9a-103. Definitions.
28 As used in this chapter:
29 (1) "Affected entity" means a county, municipality, local district, special service
30 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
31 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
32 public utility, a property owner, a property owners association, or the Utah Department of
33 Transportation, if:
34 (a) the entity's services or facilities are likely to require expansion or significant
35 modification because of an intended use of land;
36 (b) the entity has filed with the municipality a copy of the entity's general or long-range
37 plan; or
38 (c) the entity has filed with the municipality a request for notice during the same
39 calendar year and before the municipality provides notice to an affected entity in compliance
40 with a requirement imposed under this chapter.
41 (2) "Appeal authority" means the person, board, commission, agency, or other body
42 designated by ordinance to decide an appeal of a decision of a land use application or a
43 variance.
44 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
45 residential property if the sign is designed or intended to direct attention to a business, product,
46 or service that is not sold, offered, or existing on the property where the sign is located.
47 (4) "Charter school" includes:
48 (a) an operating charter school;
49 (b) a charter school applicant that has its application approved by a chartering entity in
50 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
51 (c) an entity who is working on behalf of a charter school or approved charter applicant
52 to develop or construct a charter school building.
53 (5) "Conditional use" means a land use that, because of its unique characteristics or
54 potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
55 compatible in some areas or may be compatible only if certain conditions are required that
56 mitigate or eliminate the detrimental impacts.
57 (6) "Constitutional taking" means a governmental action that results in a taking of
58 private property so that compensation to the owner of the property is required by the:
59 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
60 (b) Utah Constitution Article I, Section 22.
61 (7) "Culinary water authority" means the department, agency, or public entity with
62 responsibility to review and approve the feasibility of the culinary water system and sources for
63 the subject property.
64 (8) "Development activity" means:
65 (a) any construction or expansion of a building, structure, or use that creates additional
66 demand and need for public facilities;
67 (b) any change in use of a building or structure that creates additional demand and need
68 for public facilities; or
69 (c) any change in the use of land that creates additional demand and need for public
70 facilities.
71 (9) (a) "Disability" means a physical or mental impairment that substantially limits one
72 or more of a person's major life activities, including a person having a record of such an
73 impairment or being regarded as having such an impairment.
74 (b) "Disability" does not include current illegal use of, or addiction to, any federally
75 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
76 802.
77 (10) "Educational facility":
78 (a) means:
79 (i) a school district's building at which pupils assemble to receive instruction in a
80 program for any combination of grades from preschool through grade 12, including
81 kindergarten and a program for children with disabilities;
82 (ii) a structure or facility:
83 (A) located on the same property as a building described in Subsection (10)(a)(i); and
84 (B) used in support of the use of that building; and
85 (iii) a building to provide office and related space to a school district's administrative
86 personnel; and
87 (b) does not include land or a structure, including land or a structure for inventory
88 storage, equipment storage, food processing or preparing, or vehicle storage or maintenance,
89 [
90 (i) not located on the same property as a building described in Subsection (10)(a)(i);
91 and
92 (ii) used in support of the purposes of a building described in Subsection (10)(a)(i).
93 (11) "Elderly person" means a person who is 60 years old or older, who desires or
94 needs to live with other elderly persons in a group setting, but who is capable of living
95 independently.
96 (12) "Fire authority" means the department, agency, or public entity with responsibility
97 to review and approve the feasibility of fire protection and suppression services for the subject
98 property.
99 (13) "Flood plain" means land that:
100 (a) is within the 100-year flood plain designated by the Federal Emergency
101 Management Agency; or
102 (b) has not been studied or designated by the Federal Emergency Management Agency
103 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
104 the land has characteristics that are similar to those of a 100-year flood plain designated by the
105 Federal Emergency Management Agency.
106 (14) "General plan" means a document that a municipality adopts that sets forth general
107 guidelines for proposed future development of the land within the municipality.
108 (15) "Geologic hazard" means:
109 (a) a surface fault rupture;
110 (b) shallow groundwater;
111 (c) liquefaction;
112 (d) a landslide;
113 (e) a debris flow;
114 (f) unstable soil;
115 (g) a rock fall; or
116 (h) any other geologic condition that presents a risk:
117 (i) to life;
118 (ii) of substantial loss of real property; or
119 (iii) of substantial damage to real property.
120 (16) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
121 meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other
122 utility system.
123 (17) "Identical plans" means building plans submitted to a municipality that are
124 substantially identical to building plans that were previously submitted to and reviewed and
125 approved by the municipality and describe a building that is:
126 (a) located on land zoned the same as the land on which the building described in the
127 previously approved plans is located; and
128 (b) subject to the same geological and meteorological conditions and the same law as
129 the building described in the previously approved plans.
130 (18) "Impact fee" means a payment of money imposed under Title 11, Chapter 36,
131 Impact Fees Act.
132 (19) "Improvement assurance" means a surety bond, letter of credit, cash, or other
133 security:
134 (a) to guaranty the proper completion of an improvement;
135 (b) that is required as a condition precedent to:
136 (i) recording a subdivision plat; or
137 (ii) beginning development activity; and
138 (c) that is offered to a land use authority to induce the land use authority, before actual
139 construction of required improvements, to:
140 (i) consent to the recording of a subdivision plat; or
141 (ii) issue a permit for development activity.
142 (20) "Improvement assurance warranty" means a promise that the materials and
143 workmanship of improvements:
144 (a) comport with standards that the municipality has officially adopted; and
145 (b) will not fail in any material respect within a warranty period.
146 (21) "Land use application" means an application required by a municipality's land use
147 ordinance.
148 (22) "Land use authority" means a person, board, commission, agency, or other body
149 designated by the local legislative body to act upon a land use application.
150 (23) "Land use ordinance" means a planning, zoning, development, or subdivision
151 ordinance of the municipality, but does not include the general plan.
152 (24) "Land use permit" means a permit issued by a land use authority.
153 (25) "Legislative body" means the municipal council.
154 (26) "Local district" means an entity under Title 17B, Limited Purpose Local
155 Government Entities - Local Districts, and any other governmental or quasi-governmental
156 entity that is not a county, municipality, school district, or the state.
157 (27) "Lot line adjustment" means the relocation of the property boundary line in a
158 subdivision between two adjoining lots with the consent of the owners of record.
159 (28) "Moderate income housing" means housing occupied or reserved for occupancy
160 by households with a gross household income equal to or less than 80% of the median gross
161 income for households of the same size in the county in which the city is located.
162 (29) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
163 spent and expenses incurred in:
164 (a) verifying that building plans are identical plans; and
165 (b) reviewing and approving those minor aspects of identical plans that differ from the
166 previously reviewed and approved building plans.
167 (30) "Noncomplying structure" means a structure that:
168 (a) legally existed before its current land use designation; and
169 (b) because of one or more subsequent land use ordinance changes, does not conform
170 to the setback, height restrictions, or other regulations, excluding those regulations, which
171 govern the use of land.
172 (31) "Nonconforming use" means a use of land that:
173 (a) legally existed before its current land use designation;
174 (b) has been maintained continuously since the time the land use ordinance governing
175 the land changed; and
176 (c) because of one or more subsequent land use ordinance changes, does not conform
177 to the regulations that now govern the use of the land.
178 (32) "Official map" means a map drawn by municipal authorities and recorded in a
179 county recorder's office that:
180 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
181 highways and other transportation facilities;
182 (b) provides a basis for restricting development in designated rights-of-way or between
183 designated setbacks to allow the government authorities time to purchase or otherwise reserve
184 the land; and
185 (c) has been adopted as an element of the municipality's general plan.
186 (33) "Person" means an individual, corporation, partnership, organization, association,
187 trust, governmental agency, or any other legal entity.
188 (34) "Plan for moderate income housing" means a written document adopted by a city
189 legislative body that includes:
190 (a) an estimate of the existing supply of moderate income housing located within the
191 city;
192 (b) an estimate of the need for moderate income housing in the city for the next five
193 years as revised biennially;
194 (c) a survey of total residential land use;
195 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
196 income housing; and
197 (e) a description of the city's program to encourage an adequate supply of moderate
198 income housing.
199 (35) "Plat" means a map or other graphical representation of lands being laid out and
200 prepared in accordance with Section 10-9a-603 , 17-23-17 , or 57-8-13 .
201 (36) "Potential geologic hazard area" means an area that:
202 (a) is designated by a Utah Geological Survey map, county geologist map, or other
203 relevant map or report as needing further study to determine the area's potential for geologic
204 hazard; or
205 (b) has not been studied by the Utah Geological Survey or a county geologist but
206 presents the potential of geologic hazard because the area has characteristics similar to those of
207 a designated geologic hazard area.
208 (37) "Public agency" means:
209 (a) the federal government;
210 (b) the state;
211 (c) a county, municipality, school district, local district, special service district, or other
212 political subdivision of the state; or
213 (d) a charter school.
214 (38) "Public hearing" means a hearing at which members of the public are provided a
215 reasonable opportunity to comment on the subject of the hearing.
216 (39) "Public meeting" means a meeting that is required to be open to the public under
217 Title 52, Chapter 4, Open and Public Meetings Act.
218 (40) "Record of survey map" means a map of a survey of land prepared in accordance
219 with Section 17-23-17 .
220 (41) "Receiving zone" means an area of a municipality that the municipality's land use
221 authority designates as an area in which an owner of land may receive transferrable
222 development rights.
223 (42) "Residential facility for elderly persons" means a single-family or multiple-family
224 dwelling unit that meets the requirements of Section 10-9a-516 , but does not include a health
225 care facility as defined by Section 26-21-2 .
226 (43) "Residential facility for persons with a disability" means a residence:
227 (a) in which more than one person with a disability resides; and
228 (b) (i) is licensed or certified by the Department of Human Services under Title 62A,
229 Chapter 2, Licensure of Programs and Facilities; or
230 (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
231 Health Care Facility Licensing and Inspection Act.
232 (44) "Sanitary sewer authority" means the department, agency, or public entity with
233 responsibility to review and approve the feasibility of sanitary sewer services or onsite
234 wastewater systems.
235 (45) "Sending zone" means an area of a municipality that the municipality's land use
236 authority designates as an area from which an owner of land may transfer transferrable
237 development rights to an owner of land in a receiving zone.
238 (46) "Specified public agency" means:
239 (a) the state;
240 (b) a school district; or
241 (c) a charter school.
242 (47) "Specified public utility" means an electrical corporation, gas corporation, or
243 telephone corporation, as those terms are defined in Section 54-2-1 .
244 (48) "State" includes any department, division, or agency of the state.
245 (49) "Street" means a public right-of-way, including a highway, avenue, boulevard,
246 parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
247 way.
248 (50) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
249 divided into two or more lots, parcels, sites, units, plots, or other division of land for the
250 purpose, whether immediate or future, for offer, sale, lease, or development either on the
251 installment plan or upon any and all other plans, terms, and conditions.
252 (b) "Subdivision" includes:
253 (i) the division or development of land whether by deed, metes and bounds description,
254 devise and testacy, map, plat, or other recorded instrument; and
255 (ii) except as provided in Subsection (50)(c), divisions of land for residential and
256 nonresidential uses, including land used or to be used for commercial, agricultural, and
257 industrial purposes.
258 (c) "Subdivision" does not include:
259 (i) a bona fide division or partition of agricultural land for the purpose of joining one of
260 the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
261 neither the resulting combined parcel nor the parcel remaining from the division or partition
262 violates an applicable land use ordinance;
263 (ii) a recorded agreement between owners of adjoining unsubdivided properties
264 adjusting their mutual boundary if:
265 (A) no new lot is created; and
266 (B) the adjustment does not violate applicable land use ordinances;
267 (iii) a recorded document, executed by the owner of record:
268 (A) revising the legal description of more than one contiguous unsubdivided parcel of
269 property into one legal description encompassing all such parcels of property; or
270 (B) joining a subdivided parcel of property to another parcel of property that has not
271 been subdivided, if the joinder does not violate applicable land use ordinances; or
272 (iv) a recorded agreement between owners of adjoining subdivided properties adjusting
273 their mutual boundary if:
274 (A) no new dwelling lot or housing unit will result from the adjustment; and
275 (B) the adjustment will not violate any applicable land use ordinance.
276 (d) The joining of a subdivided parcel of property to another parcel of property that has
277 not been subdivided does not constitute a subdivision under this Subsection (50) as to the
278 unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
279 subdivision ordinance.
280 (51) "Transferrable development right" means the entitlement to develop land within a
281 sending zone that would vest according to the municipality's existing land use ordinances on
282 the date that a completed land use application is filed seeking the approval of development
283 activity on the land.
284 (52) "Unincorporated" means the area outside of the incorporated area of a city or
285 town.
286 (53) "Water interest" means any right to the beneficial use of water, including:
287 (a) each of the rights listed in Section 73-1-11 ; and
288 (b) an ownership interest in the right to the beneficial use of water represented by:
289 (i) a contract; or
290 (ii) a share in a water company, as defined in Section 73-3-3.5 .
291 (54) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
292 land use zones, overlays, or districts.
293 Section 2. Section 10-9a-305 is amended to read:
294 10-9a-305. Other entities required to conform to municipality's land use
295 ordinances -- Exceptions -- School districts and charter schools -- Submission of
296 development plan and schedule.
297 (1) (a) Each county, municipality, school district, charter school, local district, special
298 service district, and political subdivision of the state shall conform to any applicable land use
299 ordinance of any municipality when installing, constructing, operating, or otherwise using any
300 area, land, or building situated within that municipality.
301 (b) In addition to any other remedies provided by law, when a municipality's land use
302 ordinance is violated or about to be violated by another political subdivision, that municipality
303 may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
304 prevent, enjoin, abate, or remove the improper installation, improvement, or use.
305 (2) (a) Notwithstanding Subsection (1), a public transit district under Title 17B,
306 Chapter 2a, Part 8, Public Transit District Act, is not required to conform to any applicable
307 land use ordinance of a municipality located within the boundaries of a county of the first class
308 when constructing a:
309 (i) rail fixed guideway public transit facility that extends across two or more counties;
310 or
311 (ii) structure that serves a rail fixed guideway public transit facility that extends across
312 two or more counties, including:
313 (A) platforms;
314 (B) passenger terminals or stations;
315 (C) park and ride facilities;
316 (D) maintenance facilities;
317 (E) all related utility lines, roadways, and other facilities serving the public transit
318 facility; or
319 (F) other auxiliary facilities.
320 (b) The exemption from municipal land use ordinances under this Subsection (2) does
321 not extend to any property not necessary for the construction or operation of a rail fixed
322 guideway public transit facility.
323 (c) A municipality located within the boundaries of a county of the first class may not,
324 through an agreement under Title 11, Chapter 3, Interlocal Cooperation Act, require a public
325 transit district under Title 17B, Chapter 2a, Part 8, Public Transit District Act, to obtain
326 approval from the municipality prior to constructing a:
327 (i) rail fixed guideway public transit facility that extends across two or more counties;
328 or
329 (ii) structure that serves a rail fixed guideway public transit facility that extends across
330 two or more counties, including:
331 (A) platforms;
332 (B) passenger terminals or stations;
333 (C) park and ride facilities;
334 (D) maintenance facilities;
335 (E) all related utility lines, roadways, and other facilities serving the public transit
336 facility; or
337 (F) other auxiliary facilities.
338 (3) (a) Except as provided in Subsection (4), a school district or charter school is
339 subject to a municipality's land use ordinances.
340 (b) (i) Notwithstanding Subsection (4), a municipality may:
341 (A) subject a charter school to standards within each zone pertaining to setback, height,
342 bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
343 staging; and
344 (B) impose regulations upon the location of a project that are necessary to avoid
345 unreasonable risks to health or safety, as provided in Subsection (4)(f).
346 (ii) The standards to which a municipality may subject a charter school under
347 Subsection (3)(b)(i) shall be objective standards only and may not be subjective.
348 (iii) Except as provided in Subsection (8)(d), the only basis upon which a municipality
349 may deny or withhold approval of a charter school's land use application is the charter school's
350 failure to comply with a standard imposed under Subsection (3)(b)(i).
351 (iv) Nothing in Subsection (3)(b)(iii) may be construed to relieve a charter school of an
352 obligation to comply with a requirement of an applicable building or safety code to which it is
353 otherwise obligated to comply.
354 (4) A municipality may not:
355 (a) impose requirements for landscaping, fencing, aesthetic considerations,
356 construction methods or materials, additional building inspections, municipal building codes,
357 building use for educational purposes, or the placement or use of temporary classroom facilities
358 on school property;
359 (b) except as otherwise provided in this section, require a school district or charter
360 school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
361 school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
362 children and not located on or contiguous to school property, unless the roadway or sidewalk is
363 required to connect an otherwise isolated school site to an existing roadway;
364 (c) require a district or charter school to pay fees not authorized by this section;
365 (d) provide for inspection of school construction or assess a fee or other charges for
366 inspection, unless the school district or charter school is unable to provide for inspection by an
367 inspector, other than the project architect or contractor, who is qualified under criteria
368 established by the state superintendent;
369 (e) require a school district or charter school to pay any impact fee for an improvement
370 project unless the impact fee is imposed as provided in Title 11, Chapter 36, Impact Fees Act;
371 [
372 (f) impose regulations upon the location of an educational facility except as necessary
373 to avoid unreasonable risks to health or safety[
374 (g) for a land use or a structure owned by a school district or charter school that is not
375 an educational facility but is used in support of providing instruction to pupils, impose a
376 regulation that:
377 (i) is not imposed on a similar land use or structure in the zone in which the land use or
378 structure is approved; or
379 (ii) uses the tax exempt status of the school district or charter school as criteria for
380 prohibiting or regulating the land use or location of the structure.
381 (5) Subject to Section 53A-20-108 , a school district or charter school shall coordinate
382 the siting of a new school with the municipality in which the school is to be located, to:
383 (a) avoid or mitigate existing and potential traffic hazards, including consideration of
384 the impacts between the new school and future highways; and
385 (b) maximize school, student, and site safety.
386 (6) Notwithstanding Subsection (4)(d), a municipality may, at its discretion:
387 (a) provide a walk-through of school construction at no cost and at a time convenient to
388 the district or charter school; and
389 (b) provide recommendations based upon the walk-through.
390 (7) (a) Notwithstanding Subsection (4)(d), a school district or charter school shall use:
391 (i) a municipal building inspector;
392 (ii) (A) for a school district, a school district building inspector from that school
393 district; or
394 (B) for a charter school, a school district building inspector from the school district in
395 which the charter school is located; or
396 (iii) an independent, certified building inspector who is:
397 (A) not an employee of the contractor;
398 (B) approved by:
399 (I) a municipal building inspector; or
400 (II) (Aa) for a school district, a school district building inspector from that school
401 district; or
402 (Bb) for a charter school, a school district building inspector from the school district in
403 which the charter school is located; and
404 (C) licensed to perform the inspection that the inspector is requested to perform.
405 (b) The approval under Subsection (7)(a)(iii)(B) may not be unreasonably withheld.
406 (c) If a school district or charter school uses a school district or independent building
407 inspector under Subsection (7)(a)(ii) or (iii), the school district or charter school shall submit to
408 the state superintendent of public instruction and municipal building official, on a monthly
409 basis during construction of the school building, a copy of each inspection certificate regarding
410 the school building.
411 (8) (a) A charter school shall be considered a permitted use in all zoning districts
412 within a municipality.
413 (b) Each land use application for any approval required for a charter school, including
414 an application for a building permit, shall be processed on a first priority basis.
415 (c) Parking requirements for a charter school may not exceed the minimum parking
416 requirements for schools or other institutional public uses throughout the municipality.
417 (d) If a municipality has designated zones for a sexually oriented business, or a
418 business which sells alcohol, a charter school may be prohibited from a location which would
419 otherwise defeat the purpose for the zone unless the charter school provides a waiver.
420 (e) (i) A school district or a charter school may seek a certificate authorizing permanent
421 occupancy of a school building from:
422 (A) the state superintendent of public instruction, as provided in Subsection
423 53A-20-104 (3), if the school district or charter school used an independent building inspector
424 for inspection of the school building; or
425 (B) a municipal official with authority to issue the certificate, if the school district or
426 charter school used a municipal building inspector for inspection of the school building.
427 (ii) A school district may issue its own certificate authorizing permanent occupancy of
428 a school building if it used its own building inspector for inspection of the school building,
429 subject to the notification requirement of Subsection 53A-20-104 (3)(a)(ii).
430 (iii) A charter school may seek a certificate authorizing permanent occupancy of a
431 school building from a school district official with authority to issue the certificate, if the
432 charter school used a school district building inspector for inspection of the school building.
433 (iv) A certificate authorizing permanent occupancy issued by the state superintendent
434 of public instruction under Subsection 53A-20-104 (3) or a school district official with authority
435 to issue the certificate shall be considered to satisfy any municipal requirement for an
436 inspection or a certificate of occupancy.
437 (9) (a) A specified public agency intending to develop its land shall submit to the land
438 use authority a development plan and schedule:
439 (i) as early as practicable in the development process, but no later than the
440 commencement of construction; and
441 (ii) with sufficient detail to enable the land use authority to assess:
442 (A) the specified public agency's compliance with applicable land use ordinances;
443 (B) the demand for public facilities listed in Subsections 11-36-102 (13)(a), (b), (c), (d),
444 (e), and (g) caused by the development;
445 (C) the amount of any applicable fee listed in Subsection 10-9a-510 (5);
446 (D) any credit against an impact fee; and
447 (E) the potential for waiving an impact fee.
448 (b) The land use authority shall respond to a specified public agency's submission
449 under Subsection (9)(a) with reasonable promptness in order to allow the specified public
450 agency to consider information the municipality provides under Subsection (9)(a)(ii) in the
451 process of preparing the budget for the development.
452 (10) Nothing in this section may be construed to modify or supersede Section
453 10-9a-304 .
454 Section 3. Section 17-27a-103 is amended to read:
455 17-27a-103. Definitions.
456 As used in this chapter:
457 (1) "Affected entity" means a county, municipality, local district, special service
458 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
459 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
460 property owner, property owners association, public utility, or the Utah Department of
461 Transportation, if:
462 (a) the entity's services or facilities are likely to require expansion or significant
463 modification because of an intended use of land;
464 (b) the entity has filed with the county a copy of the entity's general or long-range plan;
465 or
466 (c) the entity has filed with the county a request for notice during the same calendar
467 year and before the county provides notice to an affected entity in compliance with a
468 requirement imposed under this chapter.
469 (2) "Appeal authority" means the person, board, commission, agency, or other body
470 designated by ordinance to decide an appeal of a decision of a land use application or a
471 variance.
472 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
473 residential property if the sign is designed or intended to direct attention to a business, product,
474 or service that is not sold, offered, or existing on the property where the sign is located.
475 (4) "Charter school" includes:
476 (a) an operating charter school;
477 (b) a charter school applicant that has its application approved by a chartering entity in
478 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
479 (c) an entity who is working on behalf of a charter school or approved charter applicant
480 to develop or construct a charter school building.
481 (5) "Chief executive officer" means the person or body that exercises the executive
482 powers of the county.
483 (6) "Conditional use" means a land use that, because of its unique characteristics or
484 potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
485 compatible in some areas or may be compatible only if certain conditions are required that
486 mitigate or eliminate the detrimental impacts.
487 (7) "Constitutional taking" means a governmental action that results in a taking of
488 private property so that compensation to the owner of the property is required by the:
489 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
490 (b) Utah Constitution Article I, Section 22.
491 (8) "Culinary water authority" means the department, agency, or public entity with
492 responsibility to review and approve the feasibility of the culinary water system and sources for
493 the subject property.
494 (9) "Development activity" means:
495 (a) any construction or expansion of a building, structure, or use that creates additional
496 demand and need for public facilities;
497 (b) any change in use of a building or structure that creates additional demand and need
498 for public facilities; or
499 (c) any change in the use of land that creates additional demand and need for public
500 facilities.
501 (10) (a) "Disability" means a physical or mental impairment that substantially limits
502 one or more of a person's major life activities, including a person having a record of such an
503 impairment or being regarded as having such an impairment.
504 (b) "Disability" does not include current illegal use of, or addiction to, any federally
505 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
506 802.
507 (11) "Educational facility":
508 (a) means:
509 (i) a school district's building at which pupils assemble to receive instruction in a
510 program for any combination of grades from preschool through grade 12, including
511 kindergarten and a program for children with disabilities;
512 (ii) a structure or facility:
513 (A) located on the same property as a building described in Subsection (11)(a)(i); and
514 (B) used in support of the use of that building; and
515 (iii) a building to provide office and related space to a school district's administrative
516 personnel; and
517 (b) does not include land or a structure, including land or a structure for inventory
518 storage, equipment storage, food processing or preparing, or vehicle storage or maintenance,
519 [
520 (i) not located on the same property as a building described in Subsection (11)(a)(i);
521 and
522 (ii) used in support of the purposes of a building described in Subsection (11)(a)(i).
523 (12) "Elderly person" means a person who is 60 years old or older, who desires or
524 needs to live with other elderly persons in a group setting, but who is capable of living
525 independently.
526 (13) "Fire authority" means the department, agency, or public entity with responsibility
527 to review and approve the feasibility of fire protection and suppression services for the subject
528 property.
529 (14) "Flood plain" means land that:
530 (a) is within the 100-year flood plain designated by the Federal Emergency
531 Management Agency; or
532 (b) has not been studied or designated by the Federal Emergency Management Agency
533 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
534 the land has characteristics that are similar to those of a 100-year flood plain designated by the
535 Federal Emergency Management Agency.
536 (15) "Gas corporation" has the same meaning as defined in Section 54-2-1 .
537 (16) "General plan" means a document that a county adopts that sets forth general
538 guidelines for proposed future development of the unincorporated land within the county.
539 (17) "Geologic hazard" means:
540 (a) a surface fault rupture;
541 (b) shallow groundwater;
542 (c) liquefaction;
543 (d) a landslide;
544 (e) a debris flow;
545 (f) unstable soil;
546 (g) a rock fall; or
547 (h) any other geologic condition that presents a risk:
548 (i) to life;
549 (ii) of substantial loss of real property; or
550 (iii) of substantial damage to real property.
551 (18) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
552 meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility
553 system.
554 (19) "Identical plans" means building plans submitted to a county that are substantially
555 identical building plans that were previously submitted to and reviewed and approved by the
556 county and describe a building that is:
557 (a) located on land zoned the same as the land on which the building described in the
558 previously approved plans is located; and
559 (b) subject to the same geological and meteorological conditions and the same law as
560 the building described in the previously approved plans.
561 (20) "Impact fee" means a payment of money imposed under Title 11, Chapter 36,
562 Impact Fees Act.
563 (21) "Improvement assurance" means a surety bond, letter of credit, cash, or other
564 security:
565 (a) to guaranty the proper completion of an improvement;
566 (b) that is required as a condition precedent to:
567 (i) recording a subdivision plat; or
568 (ii) beginning development activity; and
569 (c) that is offered to a land use authority to induce the land use authority, before actual
570 construction of required improvements, to:
571 (i) consent to the recording of a subdivision plat; or
572 (ii) issue a permit for development activity.
573 (22) "Improvement assurance warranty" means a promise that the materials and
574 workmanship of improvements:
575 (a) comport with standards that the county has officially adopted; and
576 (b) will not fail in any material respect within a warranty period.
577 (23) "Interstate pipeline company" means a person or entity engaged in natural gas
578 transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
579 the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
580 (24) "Intrastate pipeline company" means a person or entity engaged in natural gas
581 transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
582 Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
583 (25) "Land use application" means an application required by a county's land use
584 ordinance.
585 (26) "Land use authority" means a person, board, commission, agency, or other body
586 designated by the local legislative body to act upon a land use application.
587 (27) "Land use ordinance" means a planning, zoning, development, or subdivision
588 ordinance of the county, but does not include the general plan.
589 (28) "Land use permit" means a permit issued by a land use authority.
590 (29) "Legislative body" means the county legislative body, or for a county that has
591 adopted an alternative form of government, the body exercising legislative powers.
592 (30) "Local district" means any entity under Title 17B, Limited Purpose Local
593 Government Entities - Local Districts, and any other governmental or quasi-governmental
594 entity that is not a county, municipality, school district, or the state.
595 (31) "Lot line adjustment" means the relocation of the property boundary line in a
596 subdivision between two adjoining lots with the consent of the owners of record.
597 (32) "Moderate income housing" means housing occupied or reserved for occupancy
598 by households with a gross household income equal to or less than 80% of the median gross
599 income for households of the same size in the county in which the housing is located.
600 (33) "Nominal fee" means a fee that reasonably reimburses a county only for time spent
601 and expenses incurred in:
602 (a) verifying that building plans are identical plans; and
603 (b) reviewing and approving those minor aspects of identical plans that differ from the
604 previously reviewed and approved building plans.
605 (34) "Noncomplying structure" means a structure that:
606 (a) legally existed before its current land use designation; and
607 (b) because of one or more subsequent land use ordinance changes, does not conform
608 to the setback, height restrictions, or other regulations, excluding those regulations that govern
609 the use of land.
610 (35) "Nonconforming use" means a use of land that:
611 (a) legally existed before its current land use designation;
612 (b) has been maintained continuously since the time the land use ordinance regulation
613 governing the land changed; and
614 (c) because of one or more subsequent land use ordinance changes, does not conform
615 to the regulations that now govern the use of the land.
616 (36) "Official map" means a map drawn by county authorities and recorded in the
617 county recorder's office that:
618 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
619 highways and other transportation facilities;
620 (b) provides a basis for restricting development in designated rights-of-way or between
621 designated setbacks to allow the government authorities time to purchase or otherwise reserve
622 the land; and
623 (c) has been adopted as an element of the county's general plan.
624 (37) "Person" means an individual, corporation, partnership, organization, association,
625 trust, governmental agency, or any other legal entity.
626 (38) "Plan for moderate income housing" means a written document adopted by a
627 county legislative body that includes:
628 (a) an estimate of the existing supply of moderate income housing located within the
629 county;
630 (b) an estimate of the need for moderate income housing in the county for the next five
631 years as revised biennially;
632 (c) a survey of total residential land use;
633 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
634 income housing; and
635 (e) a description of the county's program to encourage an adequate supply of moderate
636 income housing.
637 (39) "Plat" means a map or other graphical representation of lands being laid out and
638 prepared in accordance with Section 17-27a-603 , 17-23-17 , or 57-8-13 .
639 (40) "Potential geologic hazard area" means an area that:
640 (a) is designated by a Utah Geological Survey map, county geologist map, or other
641 relevant map or report as needing further study to determine the area's potential for geologic
642 hazard; or
643 (b) has not been studied by the Utah Geological Survey or a county geologist but
644 presents the potential of geologic hazard because the area has characteristics similar to those of
645 a designated geologic hazard area.
646 (41) "Public agency" means:
647 (a) the federal government;
648 (b) the state;
649 (c) a county, municipality, school district, local district, special service district, or other
650 political subdivision of the state; or
651 (d) a charter school.
652 (42) "Public hearing" means a hearing at which members of the public are provided a
653 reasonable opportunity to comment on the subject of the hearing.
654 (43) "Public meeting" means a meeting that is required to be open to the public under
655 Title 52, Chapter 4, Open and Public Meetings Act.
656 (44) "Receiving zone" means an unincorporated area of a county that the county's land
657 use authority designates as an area in which an owner of land may receive transferrable
658 development rights.
659 (45) "Record of survey map" means a map of a survey of land prepared in accordance
660 with Section 17-23-17 .
661 (46) "Residential facility for elderly persons" means a single-family or multiple-family
662 dwelling unit that meets the requirements of Section 17-27a-515 , but does not include a health
663 care facility as defined by Section 26-21-2 .
664 (47) "Residential facility for persons with a disability" means a residence:
665 (a) in which more than one person with a disability resides; and
666 (b) (i) is licensed or certified by the Department of Human Services under Title 62A,
667 Chapter 2, Licensure of Programs and Facilities; or
668 (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
669 Health Care Facility Licensing and Inspection Act.
670 (48) "Sanitary sewer authority" means the department, agency, or public entity with
671 responsibility to review and approve the feasibility of sanitary sewer services or onsite
672 wastewater systems.
673 (49) "Sending zone" means an unincorporated area of a county that the county's land
674 use authority designates as an area from which an owner of land may transfer transferrable
675 development rights to an owner of land in a receiving zone.
676 (50) "Specified public agency" means:
677 (a) the state;
678 (b) a school district; or
679 (c) a charter school.
680 (51) "Specified public utility" means an electrical corporation, gas corporation, or
681 telephone corporation, as those terms are defined in Section 54-2-1 .
682 (52) "State" includes any department, division, or agency of the state.
683 (53) "Street" means a public right-of-way, including a highway, avenue, boulevard,
684 parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
685 way.
686 (54) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
687 divided into two or more lots, parcels, sites, units, plots, or other division of land for the
688 purpose, whether immediate or future, for offer, sale, lease, or development either on the
689 installment plan or upon any and all other plans, terms, and conditions.
690 (b) "Subdivision" includes:
691 (i) the division or development of land whether by deed, metes and bounds description,
692 devise and testacy, map, plat, or other recorded instrument; and
693 (ii) except as provided in Subsection (54)(c), divisions of land for residential and
694 nonresidential uses, including land used or to be used for commercial, agricultural, and
695 industrial purposes.
696 (c) "Subdivision" does not include:
697 (i) a bona fide division or partition of agricultural land for agricultural purposes;
698 (ii) a recorded agreement between owners of adjoining properties adjusting their
699 mutual boundary if:
700 (A) no new lot is created; and
701 (B) the adjustment does not violate applicable land use ordinances;
702 (iii) a recorded document, executed by the owner of record:
703 (A) revising the legal description of more than one contiguous unsubdivided parcel of
704 property into one legal description encompassing all such parcels of property; or
705 (B) joining a subdivided parcel of property to another parcel of property that has not
706 been subdivided, if the joinder does not violate applicable land use ordinances;
707 (iv) a bona fide division or partition of land in a county other than a first class county
708 for the purpose of siting, on one or more of the resulting separate parcels:
709 (A) an unmanned facility appurtenant to a pipeline owned or operated by a gas
710 corporation, interstate pipeline company, or intrastate pipeline company; or
711 (B) an unmanned telecommunications, microwave, fiber optic, electrical, or other
712 utility service regeneration, transformation, retransmission, or amplification facility; or
713 (v) a recorded agreement between owners of adjoining subdivided properties adjusting
714 their mutual boundary if:
715 (A) no new dwelling lot or housing unit will result from the adjustment; and
716 (B) the adjustment will not violate any applicable land use ordinance.
717 (d) The joining of a subdivided parcel of property to another parcel of property that has
718 not been subdivided does not constitute a subdivision under this Subsection (54) as to the
719 unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
720 ordinance.
721 (55) "Township" means a contiguous, geographically defined portion of the
722 unincorporated area of a county, established under this part or reconstituted or reinstated under
723 Section 17-27a-306 , with planning and zoning functions as exercised through the township
724 planning commission, as provided in this chapter, but with no legal or political identity
725 separate from the county and no taxing authority, except that "township" means a former
726 township under Laws of Utah 1996, Chapter 308, where the context so indicates.
727 (56) "Transferrable development right" means the entitlement to develop land within a
728 sending zone that would vest according to the county's existing land use ordinances on the date
729 that a completed land use application is filed seeking the approval of development activity on
730 the land.
731 (57) "Unincorporated" means the area outside of the incorporated area of a
732 municipality.
733 (58) "Water interest" means any right to the beneficial use of water, including:
734 (a) each of the rights listed in Section 73-1-11 ; and
735 (b) an ownership interest in the right to the beneficial use of water represented by:
736 (i) a contract; or
737 (ii) a share in a water company, as defined in Section 73-3-3.5 .
738 (59) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
739 land use zones, overlays, or districts.
740 Section 4. Section 17-27a-305 is amended to read:
741 17-27a-305. Other entities required to conform to county's land use ordinances --
742 Exceptions -- School districts and charter schools -- Submission of development plan and
743 schedule.
744 (1) (a) Each county, municipality, school district, charter school, local district, special
745 service district, and political subdivision of the state shall conform to any applicable land use
746 ordinance of any county when installing, constructing, operating, or otherwise using any area,
747 land, or building situated within the unincorporated portion of the county.
748 (b) In addition to any other remedies provided by law, when a county's land use
749 ordinance is violated or about to be violated by another political subdivision, that county may
750 institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
751 prevent, enjoin, abate, or remove the improper installation, improvement, or use.
752 (2) (a) Notwithstanding Subsection (1), a public transit district under Title 17B,
753 Chapter 2a, Part 8, Public Transit District Act, is not required to conform to any applicable
754 land use ordinance of a county of the first class when constructing a:
755 (i) rail fixed guideway public transit facility that extends across two or more counties;
756 or
757 (ii) structure that serves a rail fixed guideway public transit facility that extends across
758 two or more counties, including:
759 (A) platforms;
760 (B) passenger terminals or stations;
761 (C) park and ride facilities;
762 (D) maintenance facilities;
763 (E) all related utility lines, roadways, and other facilities serving the public transit
764 facility; or
765 (F) other auxiliary facilities.
766 (b) The exemption from county land use ordinances under this Subsection (2) does not
767 extend to any property not necessary for the construction or operation of a rail fixed guideway
768 public transit facility.
769 (c) A county of the first class may not, through an agreement under Title 11, Chapter
770 13, Interlocal Cooperation Act, require a public transit district under Title 17B, Chapter 2a,
771 Part 8, Public Transit District Act, to obtain approval from the county prior to constructing a:
772 (i) rail fixed guideway public transit facility that extends across two or more counties;
773 or
774 (ii) structure that serves a rail fixed guideway public transit facility that extends across
775 two or more counties, including:
776 (A) platforms;
777 (B) passenger terminals or stations;
778 (C) park and ride facilities;
779 (D) maintenance facilities;
780 (E) all related utility lines, roadways, and other facilities serving the public transit
781 facility; or
782 (F) other auxiliary facilities.
783 (3) (a) Except as provided in Subsection (4), a school district or charter school is
784 subject to a county's land use ordinances.
785 (b) (i) Notwithstanding Subsection (4), a county may:
786 (A) subject a charter school to standards within each zone pertaining to setback, height,
787 bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
788 staging; and
789 (B) impose regulations upon the location of a project that are necessary to avoid
790 unreasonable risks to health or safety, as provided in Subsection (4)(f).
791 (ii) The standards to which a county may subject a charter school under Subsection
792 (3)(b)(i) shall be objective standards only and may not be subjective.
793 (iii) Except as provided in Subsection (8)(d), the only basis upon which a county may
794 deny or withhold approval of a charter school's land use application is the charter school's
795 failure to comply with a standard imposed under Subsection (3)(b)(i).
796 (iv) Nothing in Subsection (3)(b)(iii) may be construed to relieve a charter school of an
797 obligation to comply with a requirement of an applicable building or safety code to which it is
798 otherwise obligated to comply.
799 (4) A county may not:
800 (a) impose requirements for landscaping, fencing, aesthetic considerations,
801 construction methods or materials, additional building inspections, county building codes,
802 building use for educational purposes, or the placement or use of temporary classroom facilities
803 on school property;
804 (b) except as otherwise provided in this section, require a school district or charter
805 school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
806 school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
807 children and not located on or contiguous to school property, unless the roadway or sidewalk is
808 required to connect an otherwise isolated school site to an existing roadway;
809 (c) require a district or charter school to pay fees not authorized by this section;
810 (d) provide for inspection of school construction or assess a fee or other charges for
811 inspection, unless the school district or charter school is unable to provide for inspection by an
812 inspector, other than the project architect or contractor, who is qualified under criteria
813 established by the state superintendent;
814 (e) require a school district or charter school to pay any impact fee for an improvement
815 project unless the impact fee is imposed as provided in Title 11, Chapter 36, Impact Fees Act;
816 [
817 (f) impose regulations upon the location of an educational facility except as necessary
818 to avoid unreasonable risks to health or safety[
819 (g) for a land use or a structure owned by a school district or charter school that is not
820 an educational facility but is used in support of providing instruction to pupils, impose a
821 regulation that:
822 (i) is not imposed on a similar land use or structure in the zone in which the land use or
823 structure is approved; or
824 (ii) uses the tax exempt status of the school district or charter school as criteria for
825 prohibiting or regulating the land use or location of the structure.
826 (5) Subject to Section 53A-20-108 , a school district or charter school shall coordinate
827 the siting of a new school with the county in which the school is to be located, to:
828 (a) avoid or mitigate existing and potential traffic hazards, including consideration of
829 the impacts between the new school and future highways; and
830 (b) maximize school, student, and site safety.
831 (6) Notwithstanding Subsection (4)(d), a county may, at its discretion:
832 (a) provide a walk-through of school construction at no cost and at a time convenient to
833 the district or charter school; and
834 (b) provide recommendations based upon the walk-through.
835 (7) (a) Notwithstanding Subsection (4)(d), a school district or charter school shall use:
836 (i) a county building inspector;
837 (ii) (A) for a school district, a school district building inspector from that school
838 district; or
839 (B) for a charter school, a school district building inspector from the school district in
840 which the charter school is located; or
841 (iii) an independent, certified building inspector who is:
842 (A) not an employee of the contractor;
843 (B) approved by:
844 (I) a county building inspector; or
845 (II) (Aa) for a school district, a school district building inspector from that school
846 district; or
847 (Bb) for a charter school, a school district building inspector from the school district in
848 which the charter school is located; and
849 (C) licensed to perform the inspection that the inspector is requested to perform.
850 (b) The approval under Subsection (7)(a)(iii)(B) may not be unreasonably withheld.
851 (c) If a school district or charter school uses a school district or independent building
852 inspector under Subsection (7)(a)(ii) or (iii), the school district or charter school shall submit to
853 the state superintendent of public instruction and county building official, on a monthly basis
854 during construction of the school building, a copy of each inspection certificate regarding the
855 school building.
856 (8) (a) A charter school shall be considered a permitted use in all zoning districts
857 within a county.
858 (b) Each land use application for any approval required for a charter school, including
859 an application for a building permit, shall be processed on a first priority basis.
860 (c) Parking requirements for a charter school may not exceed the minimum parking
861 requirements for schools or other institutional public uses throughout the county.
862 (d) If a county has designated zones for a sexually oriented business, or a business
863 which sells alcohol, a charter school may be prohibited from a location which would otherwise
864 defeat the purpose for the zone unless the charter school provides a waiver.
865 (e) (i) A school district or a charter school may seek a certificate authorizing permanent
866 occupancy of a school building from:
867 (A) the state superintendent of public instruction, as provided in Subsection
868 53A-20-104 (3), if the school district or charter school used an independent building inspector
869 for inspection of the school building; or
870 (B) a county official with authority to issue the certificate, if the school district or
871 charter school used a county building inspector for inspection of the school building.
872 (ii) A school district may issue its own certificate authorizing permanent occupancy of
873 a school building if it used its own building inspector for inspection of the school building,
874 subject to the notification requirement of Subsection 53A-20-104 (3)(a)(ii).
875 (iii) A charter school may seek a certificate authorizing permanent occupancy of a
876 school building from a school district official with authority to issue the certificate, if the
877 charter school used a school district building inspector for inspection of the school building.
878 (iv) A certificate authorizing permanent occupancy issued by the state superintendent
879 of public instruction under Subsection 53A-20-104 (3) or a school district official with authority
880 to issue the certificate shall be considered to satisfy any county requirement for an inspection or
881 a certificate of occupancy.
882 (9) (a) A specified public agency intending to develop its land shall submit to the land
883 use authority a development plan and schedule:
884 (i) as early as practicable in the development process, but no later than the
885 commencement of construction; and
886 (ii) with sufficient detail to enable the land use authority to assess:
887 (A) the specified public agency's compliance with applicable land use ordinances;
888 (B) the demand for public facilities listed in Subsections 11-36-102 (13)(a), (b), (c), (d),
889 (e), and (g) caused by the development;
890 (C) the amount of any applicable fee listed in Subsection 17-27a-509 (5);
891 (D) any credit against an impact fee; and
892 (E) the potential for waiving an impact fee.
893 (b) The land use authority shall respond to a specified public agency's submission
894 under Subsection (9)(a) with reasonable promptness in order to allow the specified public
895 agency to consider information the municipality provides under Subsection (9)(a)(ii) in the
896 process of preparing the budget for the development.
897 (10) Nothing in this section may be construed to modify or supersede Section
898 17-27a-304 .
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