First Substitute S.B. 243

Representative Michael T. Morley proposes the following substitute bill:

1 HISTORIC AREAS OR SITES AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Wayne L. Niederhauser
5 House Sponsor: Christopher N. Herrod
6
7 LONG TITLE
8 General Description:
9 This bill enacts language related to municipal land use provisions and historic districts
10 or areas.
11 Highlighted Provisions:
12 This bill:
13 . prohibits a city of the first class in a county of the first class from establishing a
14 local historic district or area in certain circumstances;
15 . prohibits a municipality from reviewing a land use application in certain
16 circumstances; and
17 . makes technical corrections.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 10-9a-503, as renumbered and amended by Laws of Utah 2005, Chapter 254
25

26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 10-9a-503 is amended to read:
28 10-9a-503. Land use ordinance or zoning map amendments -- Limited
29 prohibition on designation of historic district or area.
30 (1) The legislative body may amend:
31 (a) the number, shape, boundaries, or area of any zoning district;
32 (b) any regulation of or within the zoning district; or
33 (c) any other provision of a land use ordinance.
34 (2) The legislative body may not make any amendment authorized by this [subsection]
35 section unless the amendment was proposed by the planning commission or was first submitted
36 to the planning commission for its recommendation.
37 (3) The legislative body shall comply with the procedure specified in Section
38 10-9a-502 in preparing and adopting an amendment to a land use ordinance or a zoning map.
39 (4) (a) Notwithstanding Subsection (1), on or after May 10, 2011, and before May 8,
40 2012, within an area designated on the National Register of Historic Places that has on or
41 before March 1, 2011, a land use application pending to designate the area as a local historic
42 district or area, the legislative body of a city of the first class in a county of the first class may
43 not:
44 (i) establish the local historic district or area;
45 (ii) adopt or amend a land use ordinance affecting the area except as provided in
46 Subsection (4)(c); and
47 (iii) authorize a demolition permit for more than 75% of the above grade area of any
48 structure on property located within the area.
49 (b) A land use application in an area subject to Subsection (4)(a):
50 (i) shall be stayed from any further proceedings conducted by the municipality before
51 May 9, 2012; and
52 (ii) is not subject to Section 10-9a-509 or 10-9a-509.5 .
53 (c) The provisions of Subsection (4) do not apply to an adopted or amended land use
54 ordinance applicable generally throughout a municipality unless the ordinance is enacted to
55 contravene the purpose of Subsection (4)(a).