This document includes House Committee Amendments incorporated into the bill on Wed, Jan 25, 2017 at 1:31 PM by ryoung.
1     
HISTORIC PRESERVATION AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: R. Curt Webb

5     
Senate Sponsor: Daniel W. Thatcher

6     

7     LONG TITLE
8     Committee Note:
9          The Political Subdivisions Interim Committee recommended this bill.
10     General Description:
11          This bill enacts provisions of the Municipal Land Use, Development, and Management
12     Act related to historic preservation.
13     Highlighted Provisions:
14          This bill:
15          ▸     defines "historic preservation commission";
16          ▸     authorizes a legislative body to designate a historic preservation commission to
17     make administrative decisions on land use applications related to historically
18     significant real property;
19          ▸     addresses an appeal from a decision of a historic preservation commission; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          10-9a-103, as last amended by Laws of Utah 2015, Chapter 327
28          10-9a-701, as last amended by Laws of Utah 2011, Chapter 92
29          10-9a-703, as last amended by Laws of Utah 2008, Chapter 326
30          10-9a-704, as last amended by Laws of Utah 2006, Chapter 240
31          10-9a-707, as enacted by Laws of Utah 2005, Chapter 254
32     ENACTS:
33          10-9a-527, Utah Code Annotated 1953
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 10-9a-103 is amended to read:
37          10-9a-103. Definitions.
38          As used in this chapter:
39          (1) "Affected entity" means a county, municipality, local district, special service
40     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
41     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
42     public utility, property owner, property owners association, or the Utah Department of
43     Transportation, if:
44          (a) the entity's services or facilities are likely to require expansion or significant
45     modification because of an intended use of land;
46          (b) the entity has filed with the municipality a copy of the entity's general or long-range
47     plan; or
48          (c) the entity has filed with the municipality a request for notice during the same
49     calendar year and before the municipality provides notice to an affected entity in compliance
50     with a requirement imposed under this chapter.
51          (2) "Appeal authority" means the person, board, commission, agency, or other body
52     designated by ordinance to decide an appeal of a decision of a land use application or a
53     variance.
54          (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
55     residential property if the sign is designed or intended to direct attention to a business, product,
56     or service that is not sold, offered, or existing on the property where the sign is located.
57          (4) (a) "Charter school" means:
58          (i) an operating charter school;
59          (ii) a charter school applicant that has its application approved by a charter school
60     authorizer in accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; or
61          (iii) an entity that is working on behalf of a charter school or approved charter
62     applicant to develop or construct a charter school building.
63          (b) "Charter school" does not include a therapeutic school.
64          (5) "Conditional use" means a land use that, because of its unique characteristics or
65     potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
66     compatible in some areas or may be compatible only if certain conditions are required that
67     mitigate or eliminate the detrimental impacts.
68          (6) "Constitutional taking" means a governmental action that results in a taking of
69     private property so that compensation to the owner of the property is required by the:
70          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
71          (b) Utah Constitution, Article I, Section 22.
72          (7) "Culinary water authority" means the department, agency, or public entity with
73     responsibility to review and approve the feasibility of the culinary water system and sources for
74     the subject property.
75          (8) "Development activity" means:
76          (a) any construction or expansion of a building, structure, or use that creates additional
77     demand and need for public facilities;
78          (b) any change in use of a building or structure that creates additional demand and need
79     for public facilities; or
80          (c) any change in the use of land that creates additional demand and need for public
81     facilities.
82          (9) (a) "Disability" means a physical or mental impairment that substantially limits one
83     or more of a person's major life activities, including a person having a record of such an
84     impairment or being regarded as having such an impairment.
85          (b) "Disability" does not include current illegal use of, or addiction to, any federally
86     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
87     802.
88          (10) "Educational facility":
89          (a) means:
90          (i) a school district's building at which pupils assemble to receive instruction in a
91     program for any combination of grades from preschool through grade 12, including
92     kindergarten and a program for children with disabilities;
93          (ii) a structure or facility:
94          (A) located on the same property as a building described in Subsection (10)(a)(i); and
95          (B) used in support of the use of that building; and
96          (iii) a building to provide office and related space to a school district's administrative
97     personnel; and
98          (b) does not include:
99          (i) land or a structure, including land or a structure for inventory storage, equipment
100     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
101          (A) not located on the same property as a building described in Subsection (10)(a)(i);
102     and
103          (B) used in support of the purposes of a building described in Subsection (10)(a)(i); or
104          (ii) a therapeutic school.
105          (11) "Fire authority" means the department, agency, or public entity with responsibility
106     to review and approve the feasibility of fire protection and suppression services for the subject
107     property.
108          (12) "Flood plain" means land that:
109          (a) is within the 100-year flood plain designated by the Federal Emergency
110     Management Agency; or
111          (b) has not been studied or designated by the Federal Emergency Management Agency
112     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
113     the land has characteristics that are similar to those of a 100-year flood plain designated by the
114     Federal Emergency Management Agency.
115          (13) "General plan" means a document that a municipality adopts that sets forth general
116     guidelines for proposed future development of the land within the municipality.
117          (14) "Geologic hazard" means:
118          (a) a surface fault rupture;
119          (b) shallow groundwater;
120          (c) liquefaction;
121          (d) a landslide;
122          (e) a debris flow;
123          (f) unstable soil;
124          (g) a rock fall; or
125          (h) any other geologic condition that presents a risk:
126          (i) to life;
127          (ii) of substantial loss of real property; or
128          (iii) of substantial damage to real property.
129          (15) "Historic preservation commission" means a board, commission, or other body
130     designated by a legislative body to make administrative decisions on land use applications that
131     affect:
132          (a) historically significant real property; or
133          (b) real property located within a local historic district or area, as defined in Subsection
134     10-9a-503(4).
135          [(15)] (16) "Hookup fee" means a fee for the installation and inspection of any pipe,
136     line, meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or
137     other utility system.
138          [(16)] (17) "Identical plans" means building plans submitted to a municipality that:
139          (a) are clearly marked as "identical plans";
140          (b) are substantially identical to building plans that were previously submitted to and
141     reviewed and approved by the municipality; and
142          (c) describe a building that:
143          (i) is located on land zoned the same as the land on which the building described in the
144     previously approved plans is located;
145          (ii) is subject to the same geological and meteorological conditions and the same law
146     as the building described in the previously approved plans;
147          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
148     and approved by the municipality; and
149          (iv) does not require any additional engineering or analysis.
150          [(17)] (18) "Impact fee" means a payment of money imposed under Title 11, Chapter
151     36a, Impact Fees Act.
152          [(18)] (19) "Improvement completion assurance" means a surety bond, letter of credit,
153     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
154     by a municipality to guaranty the proper completion of landscaping or an infrastructure
155     improvement required as a condition precedent to:
156          (a) recording a subdivision plat; or
157          (b) development of a commercial, industrial, mixed use, or multifamily project.
158          [(19)] (20) "Improvement warranty" means an applicant's unconditional warranty that
159     the applicant's installed and accepted landscaping or infrastructure improvement:
160          (a) complies with the municipality's written standards for design, materials, and
161     workmanship; and
162          (b) will not fail in any material respect, as a result of poor workmanship or materials,
163     within the improvement warranty period.
164          [(20)] (21) "Improvement warranty period" means a period:
165          (a) no later than one year after a municipality's acceptance of required landscaping; or
166          (b) no later than one year after a municipality's acceptance of required infrastructure,
167     unless the municipality:
168          (i) determines for good cause that a one-year period would be inadequate to protect the
169     public health, safety, and welfare; and
170          (ii) has substantial evidence, on record:
171          (A) of prior poor performance by the applicant; or
172          (B) that the area upon which the infrastructure will be constructed contains suspect soil
173     and the municipality has not otherwise required the applicant to mitigate the suspect soil.
174          [(21)] (22) "Infrastructure improvement" means permanent infrastructure that an
175     applicant must install:
176          (a) pursuant to published installation and inspection specifications for public
177     improvements; and
178          (b) as a condition of:
179          (i) recording a subdivision plat; or
180          (ii) development of a commercial, industrial, mixed use, condominium, or multifamily
181     project.
182          [(22)] (23) "Internal lot restriction" means a platted note, platted demarcation, or
183     platted designation that:
184          (a) runs with the land; and
185          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
186     the plat; or
187          (ii) designates a development condition that is enclosed within the perimeter of a lot
188     described on the plat.
189          [(23)] (24) "Land use application" means an application required by a municipality's
190     land use ordinance.
191          [(24)] (25) "Land use authority" means:
192          (a) a person, board, commission, agency, or body, including the local legislative body,
193     designated by the local legislative body to act upon a land use application; or
194          (b) if the local legislative body has not designated a person, board, commission,
195     agency, or body, the local legislative body.
196          [(25)] (26) "Land use ordinance" means a planning, zoning, development, or
197     subdivision ordinance of the municipality, but does not include the general plan.
198          [(26)] (27) "Land use permit" means a permit issued by a land use authority.
199          [(27)] (28) "Legislative body" means the municipal council.
200          [(28)] (29) "Local district" means an entity under Title 17B, Limited Purpose Local
201     Government Entities - Local Districts, and any other governmental or quasi-governmental
202     entity that is not a county, municipality, school district, or the state.
203          [(29)] (30) "Lot line adjustment" means the relocation of the property boundary line in
204     a subdivision between two adjoining lots with the consent of the owners of record.
205          [(30)] (31) "Moderate income housing" means housing occupied or reserved for
206     occupancy by households with a gross household income equal to or less than 80% of the
207     median gross income for households of the same size in the county in which the city is located.
208          [(31)] (32) "Nominal fee" means a fee that reasonably reimburses a municipality only
209     for time spent and expenses incurred in:
210          (a) verifying that building plans are identical plans; and
211          (b) reviewing and approving those minor aspects of identical plans that differ from the
212     previously reviewed and approved building plans.
213          [(32)] (33) "Noncomplying structure" means a structure that:
214          (a) legally existed before its current land use designation; and
215          (b) because of one or more subsequent land use ordinance changes, does not conform
216     to the setback, height restrictions, or other regulations, excluding those regulations, which
217     govern the use of land.
218          [(33)] (34) "Nonconforming use" means a use of land that:
219          (a) legally existed before its current land use designation;
220          (b) has been maintained continuously since the time the land use ordinance governing
221     the land changed; and
222          (c) because of one or more subsequent land use ordinance changes, does not conform
223     to the regulations that now govern the use of the land.
224          [(34)] (35) "Official map" means a map drawn by municipal authorities and recorded in
225     a county recorder's office that:
226          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
227     highways and other transportation facilities;
228          (b) provides a basis for restricting development in designated rights-of-way or between
229     designated setbacks to allow the government authorities time to purchase or otherwise reserve
230     the land; and
231          (c) has been adopted as an element of the municipality's general plan.
232          [(35)] (36) "Parcel boundary adjustment" means a recorded agreement between owners
233     of adjoining properties adjusting their mutual boundary if:
234          (a) no additional parcel is created; and
235          (b) each property identified in the agreement is unsubdivided land, including a
236     remainder of subdivided land.
237          [(36)] (37) "Person" means an individual, corporation, partnership, organization,
238     association, trust, governmental agency, or any other legal entity.
239          [(37)] (38) "Plan for moderate income housing" means a written document adopted by
240     a city legislative body that includes:
241          (a) an estimate of the existing supply of moderate income housing located within the
242     city;
243          (b) an estimate of the need for moderate income housing in the city for the next five
244     years as revised biennially;
245          (c) a survey of total residential land use;
246          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
247     income housing; and
248          (e) a description of the city's program to encourage an adequate supply of moderate
249     income housing.
250          [(38)] (39) "Plat" means a map or other graphical representation of lands being laid out
251     and prepared in accordance with Section 10-9a-603, 17-23-17, or 57-8-13.
252          [(39)] (40) "Potential geologic hazard area" means an area that:
253          (a) is designated by a Utah Geological Survey map, county geologist map, or other
254     relevant map or report as needing further study to determine the area's potential for geologic
255     hazard; or
256          (b) has not been studied by the Utah Geological Survey or a county geologist but
257     presents the potential of geologic hazard because the area has characteristics similar to those of
258     a designated geologic hazard area.
259          [(40)] (41) "Public agency" means:
260          (a) the federal government;
261          (b) the state;
262          (c) a county, municipality, school district, local district, special service district, or other
263     political subdivision of the state; or
264          (d) a charter school.
265          [(41)] (42) "Public hearing" means a hearing at which members of the public are
266     provided a reasonable opportunity to comment on the subject of the hearing.
267          [(42)] (43) "Public meeting" means a meeting that is required to be open to the public
268     under Title 52, Chapter 4, Open and Public Meetings Act.
269          [(43)] (44) "Receiving zone" means an area of a municipality that the municipality
270     designates, by ordinance, as an area in which an owner of land may receive a transferable
271     development right.
272          [(44)] (45) "Record of survey map" means a map of a survey of land prepared in
273     accordance with Section 17-23-17.
274          [(45)] (46) "Residential facility for persons with a disability" means a residence:
275          (a) in which more than one person with a disability resides; and
276          (b) (i) which is licensed or certified by the Department of Human Services under Title
277     62A, Chapter 2, Licensure of Programs and Facilities; or
278          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
279     21, Health Care Facility Licensing and Inspection Act.
280          [(46)] (47) "Rules of order and procedure" means a set of rules that govern and
281     prescribe in a public meeting:
282          (a) parliamentary order and procedure;
283          (b) ethical behavior; and
284          (c) civil discourse.
285          [(47)] (48) "Sanitary sewer authority" means the department, agency, or public entity
286     with responsibility to review and approve the feasibility of sanitary sewer services or onsite
287     wastewater systems.
288          [(48)] (49) "Sending zone" means an area of a municipality that the municipality
289     designates, by ordinance, as an area from which an owner of land may transfer a transferable
290     development right.
291          [(49)] (50) "Specified public agency" means:
292          (a) the state;
293          (b) a school district; or
294          (c) a charter school.
295          [(50)] (51) "Specified public utility" means an electrical corporation, gas corporation,
296     or telephone corporation, as those terms are defined in Section 54-2-1.
297          [(51)] (52) "State" includes any department, division, or agency of the state.
298          [(52)] (53) "Street" means a public right-of-way, including a highway, avenue,
299     boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement,
300     or other way.
301          [(53)] (54) (a) "Subdivision" means any land that is divided, resubdivided or proposed
302     to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
303     purpose, whether immediate or future, for offer, sale, lease, or development either on the
304     installment plan or upon any and all other plans, terms, and conditions.
305          (b) "Subdivision" includes:
306          (i) the division or development of land whether by deed, metes and bounds description,
307     devise and testacy, map, plat, or other recorded instrument; and
308          (ii) except as provided in Subsection [(53)] (54)(c), divisions of land for residential and
309     nonresidential uses, including land used or to be used for commercial, agricultural, and
310     industrial purposes.
311          (c) "Subdivision" does not include:
312          (i) a bona fide division or partition of agricultural land for the purpose of joining one of
313     the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
314     neither the resulting combined parcel nor the parcel remaining from the division or partition
315     violates an applicable land use ordinance;
316          (ii) a recorded agreement between owners of adjoining unsubdivided properties
317     adjusting their mutual boundary if:
318          (A) no new lot is created; and
319          (B) the adjustment does not violate applicable land use ordinances;
320          (iii) a recorded document, executed by the owner of record:
321          (A) revising the legal description of more than one contiguous unsubdivided parcel of
322     property into one legal description encompassing all such parcels of property; or
323          (B) joining a subdivided parcel of property to another parcel of property that has not
324     been subdivided, if the joinder does not violate applicable land use ordinances;
325          (iv) a recorded agreement between owners of adjoining subdivided properties adjusting
326     their mutual boundary if:
327          (A) no new dwelling lot or housing unit will result from the adjustment; and
328          (B) the adjustment will not violate any applicable land use ordinance;
329          (v) a bona fide division or partition of land by deed or other instrument where the land
330     use authority expressly approves in writing the division in anticipation of further land use
331     approvals on the parcel or parcels; or
332          (vi) a parcel boundary adjustment.
333          (d) The joining of a subdivided parcel of property to another parcel of property that has
334     not been subdivided does not constitute a subdivision under this Subsection [(53)] (54) as to
335     the unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
336     subdivision ordinance.
337          [(54)] (55) "Suspect soil" means soil that has:
338          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
339     3% swell potential;
340          (b) bedrock units with high shrink or swell susceptibility; or
341          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
342     commonly associated with dissolution and collapse features.
343          [(55)] (56) "Therapeutic school" means a residential group living facility:
344          (a) for four or more individuals who are not related to:
345          (i) the owner of the facility; or
346          (ii) the primary service provider of the facility;
347          (b) that serves students who have a history of failing to function:
348          (i) at home;
349          (ii) in a public school; or
350          (iii) in a nonresidential private school; and
351          (c) that offers:
352          (i) room and board; and
353          (ii) an academic education integrated with:
354          (A) specialized structure and supervision; or
355          (B) services or treatment related to a disability, an emotional development, a
356     behavioral development, a familial development, or a social development.
357          [(56)] (57) "Transferable development right" means a right to develop and use land that
358     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
359     land use rights from a designated sending zone to a designated receiving zone.
360          [(57)] (58) "Unincorporated" means the area outside of the incorporated area of a city
361     or town.
362          [(58)] (59) "Water interest" means any right to the beneficial use of water, including:
363          (a) each of the rights listed in Section 73-1-11; and
364          (b) an ownership interest in the right to the beneficial use of water represented by:
365          (i) a contract; or
366          (ii) a share in a water company, as defined in Section 73-3-3.5.
367          [(59)] (60) "Zoning map" means a map, adopted as part of a land use ordinance, that
368     depicts land use zones, overlays, or districts.
369          Section 2. Section 10-9a-527 is enacted to read:
370          10-9a-527. Historic preservation.
371          A legislative body may designate a historic preservation commission.
372          Section 3. Section 10-9a-701 is amended to read:
373          10-9a-701. Appeal authority required -- Condition precedent to judicial review --
374     Appeal authority duties.
375          (1) Each municipality adopting a land use ordinance shall, by ordinance, establish one
376     or more appeal authorities to hear and decide:
377          (a) requests for variances from the terms of the land use ordinances;
378          (b) appeals from decisions applying the land use ordinances; and
379          (c) appeals from a fee charged in accordance with Section 10-9a-510.
380          (2) Each municipality that designates a historic preservation commission shall, by
381     ordinance, establish Ĥ→ or designate ←Ĥ an appeal authority that is comprised of Ĥ→ [one or
381a     more elected officials] the governing body ←Ĥ to
382     hear and decide appeals from decisions of the historic preservation commission.
383          [(2)] (3) As a condition precedent to judicial review, each adversely affected person
384     shall timely and specifically challenge a land use authority's decision, in accordance with local
385     ordinance.
386          [(3)] (4) An appeal authority:
387          (a) shall:
388          (i) act in a quasi-judicial manner; and
389          (ii) serve as the final arbiter of issues involving the interpretation or application of land
390     use ordinances; and
391          (b) may not entertain an appeal of a matter in which the appeal authority, or any
392     participating member, had first acted as the land use authority.
393          [(4)] (5) By ordinance, a municipality may:
394          (a) designate a separate appeal authority to hear requests for variances than the appeal
395     authority it designates to hear appeals;
396          (b) designate one or more separate appeal authorities to hear distinct types of appeals
397     of land use authority decisions;
398          (c) require an adversely affected party to present to an appeal authority every theory of
399     relief that it can raise in district court;
400          (d) not require an adversely affected party to pursue duplicate or successive appeals
401     before the same or separate appeal authorities as a condition of the adversely affected party's
402     duty to exhaust administrative remedies; and
403          (e) provide that specified types of land use decisions may be appealed directly to the
404     district court.
405          [(5)] (6) If the municipality establishes or, prior to the effective date of this chapter, has
406     established a multiperson board, body, or panel to act as an appeal authority, at a minimum the
407     board, body, or panel shall:
408          (a) notify each of its members of any meeting or hearing of the board, body, or panel;
409          (b) provide each of its members with the same information and access to municipal
410     resources as any other member;
411          (c) convene only if a quorum of its members is present; and
412          (d) act only upon the vote of a majority of its convened members.
413          Section 4. Section 10-9a-703 is amended to read:
414          10-9a-703. Appealing a land use authority's decision -- Panel of experts for
415     appeals of geologic hazard decisions -- Automatic appeal for certain decisions.
416          (1) The applicant, a board or officer of the municipality, or any person adversely
417     affected by the land use authority's decision administering or interpreting a land use ordinance
418     may, within the applicable time period [provided by ordinance], appeal that decision to the
419     appeal authority by alleging that there is error in any order, requirement, decision, or
420     determination made by the land use authority in the administration or interpretation of the land
421     use ordinance.
422          (2) (a) An applicant who has appealed a decision of the land use authority
423     administering or interpreting the municipality's geologic hazard ordinance may request the
424     municipality to assemble a panel of qualified experts to serve as the appeal authority for
425     purposes of determining the technical aspects of the appeal.
426          (b) If an applicant makes a request under Subsection (2)(a), the municipality shall
427     assemble the panel described in Subsection (2)(a) consisting of, unless otherwise agreed by the
428     applicant and municipality:
429          (i) one expert designated by the municipality;
430          (ii) one expert designated by the applicant; and
431          (iii) one expert chosen jointly by the municipality's designated expert and the
432     applicant's designated expert.
433          (c) A member of the panel assembled by the municipality under Subsection (2)(b) may
434     not be associated with the application that is the subject of the appeal.
435          (d) The applicant shall pay:
436          (i) 1/2 of the cost of the panel; and
437          (ii) the municipality's published appeal fee.
438          Section 5. Section 10-9a-704 is amended to read:
439          10-9a-704. Time to appeal.
440          (1) The municipality shall enact an ordinance establishing a reasonable time of not less
441     than 10 days to appeal to an appeal authority a written decision issued by a land use authority.
442          (2) In the absence of an ordinance establishing a reasonable time to appeal, an
443     adversely affected party shall have 10 calendar days to appeal to an appeal authority a written
444     decision issued by a land use authority.
445          (3) Notwithstanding Subsections (1) and (2), for an appeal from a decision of a historic
446     preservation commission, an adversely affected person may appeal the decision within 30 days
447     after the day on which the historic preservation commission issues a written decision.
448          Section 6. Section 10-9a-707 is amended to read:
449          10-9a-707. Standard of review for appeals.
450          (1) [A] Except as provided in Subsection (3), a municipality may, by ordinance,
451     designate the standard of review for appeals of land use authority decisions.
452          (2) If the municipality fails to designate a standard of review of factual matters, the
453     appeal authority shall review the matter de novo.
454          (3) An appeal authority established under Subsection 10-9a-701(2) to hear and decide
455     appeals from a decision of a historic preservation commission shall review each appeal de
456     novo.
457          [(3)] (4) The appeal authority shall determine the correctness of a decision of the land
458     use authority in its interpretation and application of a land use ordinance.
459          [(4)] (5) Only those decisions in which a land use authority has applied a land use
460     ordinance to a particular application, person, or parcel may be appealed to an appeal authority.




Legislative Review Note
Office of Legislative Research and General Counsel