Representative LaVar Christensen proposes the following substitute bill:


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ZONING AMENDMENTS

2     
2016 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: LaVar Christensen

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Senate Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to municipal and county land use.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses residential zoning districts;
13          ▸     provides that a recovery residence shall comply with all generally applicable land
14     use ordinances; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          10-9a-516, as repealed and reenacted by Laws of Utah 2013, Chapter 309
23          17-27a-515, as repealed and reenacted by Laws of Utah 2013, Chapter 309
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 10-9a-516 is amended to read:
27          10-9a-516. Regulation of residential zoning districts and residential facilities for
28     persons with disabilities.
29          (1) There is a presumption that a zoning district that is primarily for single-family
30     residential use is not an appropriate location for a business, unless the business owner operates
31     the business out of the business owner's primary residence.
32          (2) A municipality may only regulate a residential facility for persons with a disability
33     to the extent allowed by:
34          [(1)] (a) Title 57, Chapter 21, Utah Fair Housing Act, and applicable jurisprudence;
35          [(2)] (b) the Fair Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., and
36     applicable jurisprudence; and
37          [(3)] (c) Section 504, Rehabilitation Act of 1973, and applicable jurisprudence.
38          (3) A recovery residence, as defined in Section 62A-2-101, shall comply with all
39     generally applicable land use ordinances, including public hearing and notice provisions.
40          Section 2. Section 17-27a-515 is amended to read:
41          17-27a-515. Regulation of residential zoning districts and residential facilities for
42     persons with disabilities.
43          (1) There is a presumption that a zoning district that is primarily for single-family
44     residential use is not an appropriate location for a business, unless the business owner operates
45     the business out of the business owner's primary residence.
46          (2) A county may only regulate a residential facility for persons with a disability to the
47     extent allowed by:
48          [(1)] (a) Title 57, Chapter 21, Utah Fair Housing Act, and applicable jurisprudence;
49          [(2)] (b) the Fair Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., and
50     applicable jurisprudence; and
51          [(3)] (c) Section 504, Rehabilitation Act of 1973, and applicable jurisprudence.
52          (3) A recovery residence, as defined in Section 62A-2-101, shall comply with all
53     generally applicable land use ordinances, including public hearing and notice provisions.