Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 232 (2017GS)

Sponsor

Rep. Schultz, M.

Final action

Governor Signed 3/17/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• enacts and modifies definitions applicable to county and municipal land use provisions;
• addresses a provision relating to the imposition of stricter requirements or higher standards than required by state law;
• enacts a provision directing a land use authority on how to interpret and apply land use regulations and specifying the nature of a land use authority's land use decision;
• addresses provisions relating to the preparation, recommendation, and enactment of land use regulations;
• addresses a provision relating to the authority to adopt and amend land use regulations; and
• addresses provisions relating to appeals of land use decisions.

Every vote on this bill

Bill text

LAND USE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mike Schultz
Senate Sponsor: 
J. Stuart Adams
LONG TITLE
General Description:
This bill modifies county and municipal land use provisions.
Highlighted Provisions:
This bill:
▸ enacts and modifies definitions applicable to county and municipal land use
provisions;
▸ addresses a provision relating to the imposition of stricter requirements or higher
standards than required by state law;
▸ enacts a provision directing a land use authority on how to interpret and apply land
use regulations and specifying the nature of a land use authority's land use decision;
▸ addresses provisions relating to the preparation, recommendation, and enactment of
land use regulations;
▸ addresses a provision relating to the authority to adopt and amend land use
regulations; and
▸ addresses provisions relating to appeals of land use decisions.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-9a-103
, as last amended by Laws of Utah 2015, Chapter 327
10-9a-104
, as last amended by Laws of Utah 2013, Chapter 309
10-9a-205
, as last amended by Laws of Utah 2013, Chapter 324
10-9a-302
, as renumbered and amended by Laws of Utah 2005, Chapter 254
10-9a-501
, as last amended by Laws of Utah 2006, Chapter 240
10-9a-502
, as last amended by Laws of Utah 2013, Chapter 324
10-9a-503
, as last amended by Laws of Utah 2016, Chapter 404
10-9a-509
, as last amended by Laws of Utah 2014, Chapter 136
10-9a-707
, as enacted by Laws of Utah 2005, Chapter 254
10-9a-801
, as last amended by Laws of Utah 2007, Chapters 306 and 363
11-36a-504
, as enacted by Laws of Utah 2011, Chapter 47
17-27a-103
, as last amended by Laws of Utah 2015, Chapters 327, 352, and 465
17-27a-104
, as last amended by Laws of Utah 2013, Chapter 309
17-27a-205
, as last amended by Laws of Utah 2014, Chapter 189
17-27a-302
, as last amended by Laws of Utah 2015, Chapters 352 and 465
17-27a-501
, as last amended by Laws of Utah 2006, Chapter 240
17-27a-502
, as last amended by Laws of Utah 2015, Chapter 465
17-27a-503
, as renumbered and amended by Laws of Utah 2005, Chapter 254
17-27a-508
, as last amended by Laws of Utah 2014, Chapter 136
17-27a-707
, as enacted by Laws of Utah 2005, Chapter 254
17-27a-801
, as last amended by Laws of Utah 2007, Chapters 306 and 363
17C-1-104
, as enacted by Laws of Utah 2006, Chapter 359
63I-2-217
, as last amended by Laws of Utah 2016, Chapters 348 and 411
ENACTS:
10-9a-306
, Utah Code Annotated 1953
17-27a-308
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-9a-103
 is amended to read:
10-9a-103.
Definitions.
As used in this chapter:
(1) "Affected entity" means a county, municipality, local district, special service
district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
public utility, property owner, property owners association, or the Utah Department of
Transportation, if:
(a) the entity's services or facilities are likely to require expansion or significant
modification because of an intended use of land;
(b) the entity has filed with the municipality a copy of the entity's general or long-range
plan; or
(c) the entity has filed with the municipality a request for notice during the same
calendar year and before the municipality provides notice to an affected entity in compliance
with a requirement imposed under this chapter.
(2) "Appeal authority" means the person, board, commission, agency, or other body
designated by ordinance to decide an appeal of a decision of a land use application or a
variance.
(3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
residential property if the sign is designed or intended to direct attention to a business, product,
or service that is not sold, offered, or existing on the property where the sign is located.
(4) (a) "Charter school" means:
(i) an operating charter school;
(ii) a charter school applicant that has its application approved by a charter school
authorizer in accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; or
(iii) an entity that is working on behalf of a charter school or approved charter
applicant to develop or construct a charter school building.
(b) "Charter school" does not include a therapeutic school.
(5) "Conditional use" means a land use that, because of its unique characteristics or
potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
compatible in some areas or may be compatible only if certain conditions are required that
mitigate or eliminate the detrimental impacts.
(6) "Constitutional taking" means a governmental action that results in a taking of
private property so that compensation to the owner of the property is required by the:
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
(b) Utah Constitution Article I, Section 22.
(7) "Culinary water authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of the culinary water system and sources for
the subject property.
(8) "Development activity" means:
(a) any construction or expansion of a building, structure, or use that creates additional
demand and need for public facilities;
(b) any change in use of a building or structure that creates additional demand and need
for public facilities; or
(c) any change in the use of land that creates additional demand and need for public
facilities.
(9) (a) "Disability" means a physical or mental impairment that substantially limits one
or more of a person's major life activities, including a person having a record of such an
impairment or being regarded as having such an impairment.
(b) "Disability" does not include current illegal use of, or addiction to, any federally
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
802.
(10) "Educational facility":
(a) means:
(i) a school district's building at which pupils assemble to receive instruction in a
program for any combination of grades from preschool through grade 12, including
kindergarten and a program for children with disabilities;
(ii) a structure or facility:
(A) located on the same property as a building described in Subsection (10)(a)(i); and
(B) used in support of the use of that building; and
(iii) a building to provide office and related space to a school district's administrative
personnel; and
(b) does not include:
(i) land or a structure, including land or a structure for inventory storage, equipment
storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
(A) not located on the same property as a building described in Subsection (10)(a)(i);
and
(B) used in support of the purposes of a building described in Subsection (10)(a)(i); or
(ii) a therapeutic school.
(11) "Fire authority" means the department, agency, or public entity with responsibility
to review and approve the feasibility of fire protection and suppression services for the subject
property.
(12) "Flood plain" means land that:
(a) is within the 100-year flood plain designated by the Federal Emergency
Management Agency; or
(b) has not been studied or designated by the Federal Emergency Management Agency
but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
the land has characteristics that are similar to those of a 100-year flood plain designated by the
Federal Emergency Management Agency.
(13) "General plan" means a document that a municipality adopts that sets forth general
guidelines for proposed future development of the land within the municipality.
(14) "Geologic hazard" means:
(a) a surface fault rupture;
(b) shallow groundwater;
(c) liquefaction;
(d) a landslide;
(e) a debris flow;
(f) unstable soil;
(g) a rock fall; or
(h) any other geologic condition that presents a risk:
(i) to life;
(ii) of substantial loss of real property; or
(iii) of substantial damage to real property.
(15) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other
utility system.
(16) "Identical plans" means building plans submitted to a municipality that:
(a) are clearly marked as "identical plans";
(b) are substantially identical to building plans that were previously submitted to and
reviewed and approved by the municipality; and
(c) describe a building that:
(i) is located on land zoned the same as the land on which the building described in the
previously approved plans is located;
(ii) is subject to the same geological and meteorological conditions and the same law
as the building described in the previously approved plans;
(iii) has a floor plan identical to the building plan previously submitted to and reviewed
and approved by the municipality; and
(iv) does not require any additional engineering or analysis.
(17) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
Impact Fees Act.
(18) "Improvement completion assurance" means a surety bond, letter of credit,
financial institution bond, cash, assignment of rights, lien, or other equivalent security required
by a municipality to guaranty the proper completion of landscaping or an infrastructure
improvement required as a condition precedent to:
(a) recording a subdivision plat; or
(b) development of a commercial, industrial, mixed use, or multifamily project.
(19) "Improvement warranty" means an applicant's unconditional warranty that the
applicant's installed and accepted landscaping or infrastructure improvement:
(a) complies with the municipality's written standards for design, materials, and
workmanship; and
(b) will not fail in any material respect, as a result of poor workmanship or materials,
within the improvement warranty period.
(20) "Improvement warranty period" means a period:
(a) no later than one year after a municipality's acceptance of required landscaping; or
(b) no later than one year after a municipality's acceptance of required infrastructure,
unless the municipality:
(i) determines for good cause that a one-year period would be inadequate to protect the
public health, safety, and welfare; and
(ii) has substantial evidence, on record:
(A) of prior poor performance by the applicant; or
(B) that the area upon which the infrastructure will be constructed contains suspect soil
and the municipality has not otherwise required the applicant to mitigate the suspect soil.
(21) "Infrastructure improvement" means permanent infrastructure that an applicant
must install:
(a) pursuant to published installation and inspection specifications for public
improvements; and
(b) as a condition of:
(i) recording a subdivision plat; or
(ii) development of a commercial, industrial, mixed use, condominium, or multifamily
project.
(22) "Internal lot restriction" means a platted note, platted demarcation, or platted
designation that:
(a) runs with the land; and
(b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
the plat; or
(ii) designates a development condition that is enclosed within the perimeter of a lot
described on the plat.
(23) "Land use applicant" means a property owner, or the property owner's designee,
who submits a land use application regarding the property owner's land.
[
(23)
] 
(24)
 "Land use application"
:
(a)
 means an application 
that is:
(i)
 required by a [
municipality's land use ordinance.
] 
municipality; and
(ii) submitted by a land use applicant to obtain a land use decision; and
(b) does not mean an application to enact, amend, or repeal a land use regulation.
[
(24)
] 
(25)
 "Land use authority"
 means:
(a) a person, board, commission, agency, or body, including the local legislative body,
designated by the local legislative body to act upon a land use application; or
(b) if the local legislative body has not designated a person, board, commission,
agency, or body, the local legislative body.
[
(25) "Land use ordinance" means a planning, zoning, development, or subdivision
ordinance of the municipality, but does not include the general plan.
]
(26) "Land use decision" means a final action of a land use authority or appeal
authority regarding:
(a) a land use permit;
(b) a land use application; or
(c) the enforcement of a land use regulation, land use permit, or development
agreement.
[
(26)
] 
(27)
 "Land use permit" means a permit issued by a land use authority.
(28) "Land use regulation":
(a) means an ordinance, law, code, map, resolution, specification, fee, or rule that
governs the use or development of land; and
(b) does not include:
(i) a general plan;
(ii) a land use decision of the legislative body acting as the land use authority, even if
the decision is expressed in a resolution or ordinance; or
(iii) a temporary revision to an engineering specification that does not materially:
(A) increase a land use applicant's cost of development compared to the existing
specification; or
(B) impact a land use applicant's use of land.
[
(27)
] 
(29)
 "Legislative body" means the municipal council.
[
(28)
] 
(30)
 "Local district" means an entity under Title 17B, Limited Purpose Local
Government Entities - Local Districts, and any other governmental or quasi-governmental
entity that is not a county, municipality, school district, or the state.
[
(29)
] 
(31)
 "Lot line adjustment" means the relocation of the property boundary line in
a subdivision between two adjoining lots with the consent of the owners of record.
[
(30)
] 
(32)
 "Moderate income housing" means housing occupied or reserved for
occupancy by households with a gross household income equal to or less than 80% of the
median gross income for households of the same size in the county in which the city is located.
[
(31)
] 
(33)
 "Nominal fee" means a fee that reasonably reimburses a municipality only
for time spent and expenses incurred in:
(a) verifying that building plans are identical plans; and
(b) reviewing and approving those minor aspects of identical plans that differ from the
previously reviewed and approved building plans.
[
(32)
] 
(34)
 "Noncomplying structure" means a structure that:
(a) legally existed before its current land use designation; and
(b) because of one or more subsequent land use ordinance changes, does not conform
to the setback, height restrictions, or other regulations, excluding those regulations, which
govern the use of land.
[
(33)
] 
(35)
 "Nonconforming use" means a use of land that:
(a) legally existed before its current land use designation;
(b) has been maintained continuously since the time the land use ordinance governing
the land changed; and
(c) because of one or more subsequent land use ordinance changes, does not conform
to the regulations that now govern the use of the land.
[
(34)
] 
(36)
 "Official map" means a map drawn by municipal authorities and recorded in
a county recorder's office that:
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
highways and other transportation facilities;
(b) provides a basis for restricting development in designated rights-of-way or between
designated setbacks to allow the government authorities time to purchase or otherwise reserve
the land; and
(c) has been adopted as an element of the municipality's general plan.
[
(35)
] 
(37)
 "Parcel boundary adjustment" means a recorded agreement between owners
of adjoining properties adjusting their mutual boundary if:
(a) no additional parcel is created; and
(b) each property identified in the agreement is unsubdivided land, including a
remainder of subdivided land.
[
(36)
] 
(38)
 "Person" means an individual, corporation, partnership, organization,
association, trust, governmental agency, or any other legal entity.
[
(37)
] 
(39)
 "Plan for moderate income housing" means a written document adopted by
a city legislative body that includes:
(a) an estimate of the existing supply of moderate income housing located within the
city;
(b) an estimate of the need for moderate income housing in the city for the next five
years as revised biennially;
(c) a survey of total residential land use;
(d) an evaluation of how existing land uses and zones affect opportunities for moderate
income housing; and
(e) a description of the city's program to encourage an adequate supply of moderate
income housing.
[
(38)
] 
(40)
 "Plat" means a map or other graphical representation of lands being laid out
and prepared in accordance with Section 
10-9a-603
, 
17-23-17
, or 
57-8-13
.
[
(39)
] 
(41)
 "Potential geologic hazard area" means an area that:
(a) is designated by a Utah Geological Survey map, county geologist map, or other
relevant map or report as needing further study to determine the area's potential for geologic
hazard; or
(b) has not been studied by the Utah Geological Survey or a county geologist but
presents the potential of geologic hazard because the area has characteristics similar to those of
a designated geologic hazard area.
[
(40)
] 
(42)
 "Public agency" means:
(a) the federal government;
(b) the state;
(c) a county, municipality, school district, local district, special service district, or other
political subdivision of the state; or
(d) a charter school.
[
(41)
] 
(43)
 "Public hearing" means a hearing at which members of the public are
provided a reasonable opportunity to comment on the subject of the hearing.
[
(42)
] 
(44)
 "Public meeting" means a meeting that is required to be open to the public
under Title 52, Chapter 4, Open and Public Meetings Act.
[
(43)
] 
(45)
 "Receiving zone" means an area of a municipality that the municipality
designates, by ordinance, as an area in which an owner of land may receive a transferable
development right.
[
(44)
] 
(46)
 "Record of survey map" means a map of a survey of land prepared in
accordance with Section 
17-23-17
.
[
(45)
] 
(47)
 "Residential facility for persons with a disability" means a residence:
(a) in which more than one person with a disability resides; and
(b) (i) which is licensed or certified by the Department of Human Services under Title
62A, Chapter 2, Licensure of Programs and Facilities; or
(ii) which is licensed or certified by the Department of Health under Title 26, Chapter
21, Health Care Facility Licensing and Inspection Act.
[
(46)
] 
(48)
 "Rules of order and procedure" means a set of rules that govern and
prescribe in a public meeting:
(a) parliamentary order and procedure;
(b) ethical behavior; and
(c) civil discourse.
[
(47)
] 
(49)
 "Sanitary sewer authority" means the department, agency, or public entity
with responsibility to review and approve the feasibility of sanitary sewer services or onsite
wastewater systems.
[
(48)
] 
(50)
 "Sending zone" means an area of a municipality that the municipality
designates, by ordinance, as an area from which an owner of land may transfer a transferable
development right.
[
(49)
] 
(51)
 "Specified public agency" means:
(a) the state;
(b) a school district; or
(c) a charter school.
[
(50)
] 
(52)
 "Specified public utility" means an electrical corporation, gas corporation,
or telephone corporation, as those terms are defined in Section 
54-2-1
.
[
(51)
] 
(53)
 "State" includes any department, division, or agency of the state.
[
(52)
] 
(54)
 "Street" means a public right-of-way, including a highway, avenue,
boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement,
or other way.
[
(53)
] 
(55)
 (a) "Subdivision" means any land that is divided, resubdivided or proposed
to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
purpose, whether immediate or future, for offer, sale, lease, or development either on the
installment plan or upon any and all other plans, terms, and conditions.
(b) "Subdivision" includes:
(i) the division or development of land whether by deed, metes and bounds description,
devise and testacy, map, plat, or other recorded instrument; and
(ii) except as provided in Subsection [
(53)
] 
(55)
(c), divisions of land for residential and
nonresidential uses, including land used or to be used for commercial, agricultural, and
industrial purposes.
(c) "Subdivision" does not include:
(i) a bona fide division or partition of agricultural land for the purpose of joining one of
the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
neither the resulting combined parcel nor the parcel remaining from the division or partition
violates an applicable land use ordinance;
(ii) a recorded agreement between owners of adjoining unsubdivided properties
adjusting their mutual boundary if:
(A) no new lot is created; and
(B) the adjustment does not violate applicable land use ordinances;
(iii) a recorded document, executed by the owner of record:
(A) revising the legal description of more than one contiguous unsubdivided parcel of
property into one legal description encompassing all such parcels of property; or
(B) joining a subdivided parcel of property to another parcel of property that has not
been subdivided, if the joinder does not violate applicable land use ordinances;
(iv) a recorded agreement between owners of adjoining subdivided properties adjusting
their mutual boundary if:
(A) no new dwelling lot or housing unit will result from the adjustment; and
(B) the adjustment will not violate any applicable land use ordinance;
(v) a bona fide division or partition of land by deed or other instrument where the land
use authority expressly approves in writing the division in anticipation of further land use
approvals on the parcel or parcels; or
(vi) a parcel boundary adjustment.
(d) The joining of a subdivided parcel of property to another parcel of property that has
not been subdivided does not constitute a subdivision under this Subsection [
(53)
] 
(55)
 as to
the unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
subdivision ordinance.
[
(54)
] 
(56)
 "Suspect soil" means soil that has:
(a) a high susceptibility for volumetric change, typically clay rich, having more than a
3% swell potential;
(b) bedrock units with high shrink or swell susceptibility; or
(c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
commonly associated with dissolution and collapse features.
[
(55)
] 
(57)
 "Therapeutic school" means a residential group living facility:
(a) for four or more individuals who are not related to:
(i) the owner of the facility; or
(ii) the primary service provider of the facility;
(b) that serves students who have a history of failing to function:
(i) at home;
(ii) in a public school; or
(iii) in a nonresidential private school; and
(c) that offers:
(i) room and board; and
(ii) an academic education integrated with:
(A) specialized structure and supervision; or
(B) services or treatment related to a disability, an emotional development, a
behavioral development, a familial development, or a social development.
[
(56)
] 
(58)
 "Transferable development right" means a right to develop and use land that
originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
land use rights from a designated sending zone to a designated receiving zone.
[
(57)
] 
(59)
 "Unincorporated" means the area outside of the incorporated area of a city
or town.
[
(58)
] 
(60)
 "Water interest" means any right to the beneficial use of water, including:
(a) each of the rights listed in Section 
73-1-11
; and
(b) an ownership interest in the right to the beneficial use of water represented by:
(i) a contract; or
(ii) a share in a water company, as defined in Section 
73-3-3.5
.
[
(59)
] 
(61)
 "Zoning map" means a map, adopted as part of a land use ordinance, that
depicts land use zones, overlays, or districts.
Section 2. Section 
10-9a-104
 is amended to read:
10-9a-104.
Stricter requirements or higher standards.
(1) Except as provided in Subsection (2), a municipality may enact [
an ordinance
] 
a
land use regulation
 imposing stricter requirements or higher standards than are required by this
chapter.
(2) A municipality may not impose [
stricter requirements or higher standards than are
required by:
] 
a requirement or standard that conflicts with a provision of this chapter, other
state law, or federal law.
[
(a) Section 
10-9a-305
; and
]
[
(b) Section 
10-9a-514
.
]
Section 3. Section 
10-9a-205
 is amended to read:
10-9a-205.
Notice of public hearings and public meetings on adoption or
modification of land use regulation.
(1) Each municipality shall give:
(a) notice of the date, time, and place of the first public hearing to consider the
adoption or any modification of a land use [
ordinance
] 
regulation
; and
(b) notice of each public meeting on the subject.
(2) Each notice of a public hearing under Subsection (1)(a) shall be:
(a) mailed to each affected entity at least 10 calendar days before the public hearing;
(b) posted:
(i) in at least three public locations within the municipality; or
(ii) on the municipality's official website; and
(c) (i) (A) published in a newspaper of general circulation in the area at least 10
calendar days before the public hearing; and
(B) published on the Utah Public Notice Website created in Section 
63F-1-701
, at least
10 calendar days before the public hearing; or
(ii) mailed at least 10 days before the public hearing to:
(A) each property owner whose land is directly affected by the land use ordinance
change; and
(B) each adjacent property owner within the parameters specified by municipal
ordinance.
(3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
before the meeting and shall be posted:
(a) in at least three public locations within the municipality; or
(b) on the municipality's official website.
(4) (a) [
If a municipality plans to hold a public hearing in accordance with Section
10-9a-502
 to adopt a zoning map or map amendment, the
] 
A
 municipality shall send a courtesy
notice to each owner of private real property whose property is located entirely or partially
within [
the
] 
a
 proposed 
zoning
 map 
enactment or amendment
 at least 10 days [
prior to
] 
before
the scheduled day of the public hearing.
(b) The notice shall:
(i) identify with specificity each owner of record of real property that will be affected
by the proposed zoning map or map amendments;
(ii) state the current zone in which the real property is located;
(iii) state the proposed new zone for the real property;
(iv) provide information regarding or a reference to the proposed regulations,
prohibitions, and permitted uses that the property will be subject to if the zoning map or map
amendment is adopted;
(v) state that the owner of real property may no later than 10 days after the day of the
first public hearing file a written objection to the inclusion of the owner's property in the
proposed zoning map or map amendment;
(vi) state the address where the property owner should file the protest;
(vii) notify the property owner that each written objection filed with the municipality
will be provided to the municipal legislative body; and
(viii) state the location, date, and time of the public hearing described in Section
10-9a-502
.
(c) If a municipality mails notice to a property owner in accordance with Subsection
(2)(c)(ii) for a public hearing on a zoning map or map amendment, the notice required in this
Subsection (4) may be included in or part of the notice described in Subsection (2)(c)(ii) rather
than sent separately.
Section 4. Section 
10-9a-302
 is amended to read:
Part 3. General Land Use Provisions
10-9a-302.
Planning commission powers and duties.
The planning commission shall make a recommendation to the legislative body for:
(1) a general plan and amendments to the general plan;
(2) land use [
ordinances, zoning maps, official maps, and amendments
] 
regulations
;
(3) an appropriate delegation of power to at least one designated land use authority to
hear and act on a land use application;
(4) an appropriate delegation of power to at least one appeal authority to hear and act
on an appeal from a decision of the land use authority; and
(5) application processes that:
(a) may include a designation of routine land use matters that, upon application and
proper notice, will receive informal streamlined review and action if the application is
uncontested; and
(b) shall protect the right of each:
(i) applicant and third party to require formal consideration of any application by a land
use authority;
(ii) applicant, adversely affected party, or municipal officer or employee to appeal a
land use authority's decision to a separate appeal authority; and
(iii) participant to be heard in each public hearing on a contested application.
Section 5. Section 
10-9a-306
 is enacted to read:
 10-9a-306.
Land use authority requirements -- Nature of land use decision.
(1) A land use authority shall apply the plain language of land use regulations.
(2) If a land use regulation does not plainly restrict a land use application, the land use
authority shall interpret and apply the land use regulation to favor the land use application.
(3) A land use decision of a land use authority is an administrative act, even if the land
use authority is the legislative body.
Section 6. Section 
10-9a-501
 is amended to read:
Part 5. Land Use Regulations
10-9a-501.
Enactment of land use regulation.
(1)
 [
The
] 
Only a
 legislative body may enact 
a
 land use [
ordinances and a zoning map
]
regulation.
(2) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use
regulation only by ordinance.
(b) A legislative body may, by ordinance or resolution, enact a land use regulation that
imposes a fee.
(3) A land use regulation shall be
 consistent with the purposes set forth in this chapter.
Section 7. Section 
10-9a-502
 is amended to read:
10-9a-502.
Preparation and adoption of land use regulation.
(1) The planning commission shall:
(a) provide notice as required by Subsection 
10-9a-205
(1)(a) and, if applicable,
Subsection 
10-9a-205
(4);
(b) hold a public hearing on a proposed land use [
ordinance or zoning map
] 
regulation
;
(c) if applicable, consider each written objection filed in accordance with Subsection
10-9a-205
(4) prior to the public hearing; and
(d) (i) prepare and recommend to the legislative body a proposed land use [
ordinance
or ordinances and zoning map that represent
] 
regulation that represents
 the planning
commission's recommendation for regulating the use and development of land within all or any
part of the area of the municipality; and
(ii) forward to the legislative body all objections filed in accordance with Subsection
10-9a-205
(4).
(2) The [
municipal
] legislative body shall consider each proposed land use [
ordinance
and zoning map
] 
regulation
 recommended to [
it
] 
the legislative body
 by the planning
commission, and, after providing notice as required by Subsection 
10-9a-205
(1)(b) and holding
a public meeting, the legislative body may adopt or reject the [
ordinance or map
] 
land use
regulation
 either as proposed by the planning commission or after making any revision the
[
municipal
] legislative body considers appropriate.
Section 8. Section 
10-9a-503
 is amended to read:
10-9a-503.
Zoning district or land use regulation amendments -- Historic district
or area.
(1) [
The
] 
Only a
 legislative body may amend:
(a) the number, shape, boundaries, or area of any zoning district;
(b) any regulation of or within the zoning district; or
(c) any other provision of a land use [
ordinance
] 
regulation
.
(2) The legislative body may not make any amendment authorized by this section
unless the amendment was proposed by the planning commission or was first submitted to the
planning commission for its recommendation.
(3) The legislative body shall comply with the procedure specified in Section
10-9a-502
 in preparing and adopting an amendment to a land use [
ordinance or a zoning map
]
regulation
.
(4) (a) As used in this Subsection (4):
(i) "Condominium project" means the same as that term is defined in Section 
57-8-3
.
(ii) "Local historic district or area" means a geographically or thematically definable
area that contains any combination of buildings, structures, sites, objects, landscape features,
archeological sites, or works of art that contribute to the historic preservation goals of a
legislative body.
(iii) "Unit" means the same as that term is defined in Section 
57-8-3
.
(b) If a municipality provides a process by which one or more residents of the
municipality may initiate the creation of a local historic district or area, the process shall
require that:
(i) more than 33% of the property owners within the boundaries of the proposed local
historic district or area agree in writing to the creation of the proposed local historic district or
area;
(ii) before any property owner agrees to the creation of a proposed local historic district
or area under Subsection (4)(b)(i), the municipality prepare and distribute, to each property
owner within the boundaries of the proposed local historic district or area, a neutral
information pamphlet that:
(A) describes the process to create a local historic district or area; and
(B) lists the pros and cons of a local historic district or area;
(iii) after the property owners satisfy the requirement described in Subsection (4)(b)(i),
for each parcel or, if the parcel contains a condominium project, each unit, within the
boundaries of the proposed local historic district or area, the municipality provide:
(A) a second copy of the neutral information pamphlet described in Subsection
(4)(b)(ii); and
(B) one public support ballot that, subject to Subsection (4)(c), allows the owner or
owners of record to vote in favor of or against the creation of the proposed local historic district
or area;
(iv) in a vote described in Subsection (4)(b)(iii)(B), the returned public support ballots
that reflect a vote in favor of the creation of the proposed local historic district or area:
(A) equal at least two-thirds of the returned public support ballots; and
(B) represent more than 50% of the parcels and units within the proposed local historic
district or area; 
(v) if a local historic district or area proposal fails in a vote described in Subsection
(4)(b)(iii)(B), the legislative body may override the vote and create the proposed local historic
district or area with an affirmative vote of two-thirds of the members of the legislative body;
and
(vi) if a local historic district or area proposal fails in a vote described in Subsection
(4)(b)(iii)(B) and the legislative body does not override the vote under Subsection (4)(b)(v), a
resident may not initiate the creation of a local historic district or area that includes more than
50% of the same property as the failed local historic district or area proposal for four years after
the day on which the public support ballots for the vote are due.
(c) In a vote described in Subsection (4)(b)(iii)(B):
(i) a property owner is eligible to vote regardless of whether the property owner is an
individual, a private entity, or a public entity;
(ii) the municipality shall count no more than one public support ballot for:
(A) each parcel within the boundaries of the proposed local historic district or area; or
(B) if the parcel contains a condominium project, each unit within the boundaries of
the proposed local historic district or area; and
(iii) if a parcel or unit has more than one owner of record, the municipality shall count
a public support ballot for the parcel or unit only if the public support ballot reflects the vote of
the property owners who own at least a 50% interest in the parcel or unit.
(d) The requirements described in Subsection (4)(b)(iv) apply to the creation of a local
historic district or area that is:
(i) initiated in accordance with a municipal process described in Subsection (4)(b); and
(ii) not complete on or before January 1, 2016.
(e) A vote described in Subsection (4)(b)(iii)(B) is not subject to Title 20A, Election
Code.
Section 9. Section 
10-9a-509
 is amended to read:
10-9a-509.
Applicant's entitlement to land use application approval -- Exceptions
-- Application relating to land in a high priority transportation corridor -- Municipality's
requirements and limitations -- Vesting upon submission of development plan and
schedule.
(1) (a) (i) An applicant who has filed a complete land use application, including the
payment of all application fees, is entitled to substantive land use review of the land use
application under the land use [
laws
] 
regulations
 in effect on the date that the application is
complete and as further provided in this section.
(ii) Except as provided in Subsection (1)(b), an applicant is entitled to approval of a
land use application if the application conforms to the requirements of the municipality's land
use [
maps, zoning map, a municipal specification for public improvements applicable to a
subdivision or development, and an applicable land use ordinance
] 
regulations
 in effect when a
complete application is submitted and all application fees have been paid, unless:
(A) the land use authority, on the record, finds that a compelling, countervailing public
interest would be jeopardized by approving the application; or
(B) in the manner provided by local ordinance and before the application is submitted,
the municipality has formally initiated proceedings to amend [
its ordinances
] 
the municipality's
land use regulations
 in a manner that would prohibit approval of the application as submitted.
(b) (i) Except as provided in Subsection (1)(c), an applicant is not entitled to approval
of a land use application until the requirements of this Subsection (1)(b) have been met if the
land use application relates to land located within the boundaries of a high priority
transportation corridor designated in accordance with Section 
72-5-403
.
(ii) (A) A municipality shall notify the executive director of the Department of
Transportation of any land use applications that relate to land located within the boundaries of
a high priority transportation corridor.
(B) The notification under Subsection (1)(b)(ii)(A) shall be in writing and mailed by
certified or registered mail to the executive director of the Department of Transportation.
(iii) Except as provided in Subsection (1)(c), a municipality may not approve a land
use application that relates to land located within the boundaries of a high priority
transportation corridor until:
(A) 30 days after the notification under Subsection (1)(b)(ii)(A) is received by the
Department of Transportation if the land use application is for a building permit; or
(B) 45 days after the notification under Subsection (1)(b)(ii)(A) is received by the
Department of Transportation if the land use application is for any land use other than a
building permit.
(iv) (A) If an application is an application for a subdivision approval, including any
land, subject to Subsection (1)(b)(iv)(C), located within 100 feet of the center line of a canal,
the land use authority shall:
(I) within 30 days after the day on which the application is filed, notify the canal
company or canal operator responsible for the canal, if the canal company or canal operator has
provided information under Section 
10-9a-211
; and
(II) wait at least 10 days after the day on which the land use authority notifies a canal
company or canal operator under Subsection (1)(b)(iv)(A)(I) to approve or reject the
subdivision application described in Subsection (1)(b)(iv)(A).
(B) The notification under Subsection (1)(b)(iv)(A) shall be in writing and mailed by
certified or registered mail to the canal company or canal operator contact described in Section
10-9a-211
.
(C) The location of land described in Subsection (1)(b)(iv)(A) shall be:
(I) provided by a canal company or canal operator to the land use authority; and
(II) (Aa) determined by use of mapping-grade global positioning satellite units; or
(Bb) digitized from the most recent aerial photo available to the canal company or
canal operator.
(c) (i) A land use application is exempt from the requirements of Subsections (1)(b)(i)
and (ii) if:
(A) the land use application relates to land that was the subject of a previous land use
application; and
(B) the previous land use application described under Subsection (1)(c)(i)(A) complied
with the requirements of Subsections (1)(b)(i) and (ii).
(ii) A municipality may approve a land use application without making the required
notifications under Subsection (1)(b)(ii)(A) if:
(A) the land use application relates to land that was the subject of a previous land use
application; and
(B) the previous land use application described under Subsection (1)(c)(ii)(A)
complied with the requirements of Subsections (1)(b)(i) and (ii).
(d) After a municipality has complied with the requirements of Subsection (1)(b) for a
land use application, the municipality may not withhold approval of the land use application for
which the applicant is otherwise entitled under Subsection (1)(a).
(e) The municipality shall process an application without regard to proceedings
initiated to amend the municipality's ordinances as provided in Subsection (1)(a)(ii)(B) if:
(i) 180 days have passed since the proceedings were initiated; and
(ii) the proceedings have not resulted in an enactment that prohibits approval of the
application as submitted.
(f) An application for a land use approval is considered submitted and complete when
the application is provided in a form that complies with the requirements of applicable
ordinances and all applicable fees have been paid.
(g) The continuing validity of an approval of a land use application is conditioned upon
the applicant proceeding after approval to implement the approval with reasonable diligence.
(h) A municipality may not impose on an applicant who has submitted a complete
application for preliminary subdivision approval a requirement that is not expressed in:
(i) this chapter;
(ii) a municipal ordinance; or
(iii) a municipal specification for public improvements applicable to a subdivision or
development that is in effect on the date that the applicant submits an application.
(i) A municipality may not impose on a holder of an issued land use permit or a final,
unexpired subdivision plat a requirement that is not expressed:
(i) in a land use permit;
(ii) on the subdivision plat;
(iii) in a document on which the land use permit or subdivision plat is based;
(iv) in the written record evidencing approval of the land use permit or subdivision
plat;
(v) in this chapter; or
(vi) in a municipal ordinance.
(j) A municipality may not withhold issuance of a certificate of occupancy or
acceptance of subdivision improvements because of an applicant's failure to comply with a
requirement that is not expressed:
(i) in the building permit or subdivision plat, documents on which the building permit
or subdivision plat is based, or the written record evidencing approval of the land use permit or
subdivision plat; or
(ii) in this chapter or the municipality's ordinances.
(2) A municipality is bound by the terms and standards of applicable land use
[
ordinances
] 
regulations
 and shall comply with mandatory provisions of those [
ordinances
]
regulations
.
(3) A municipality may not, as a condition of land use application approval, require a
person filing a land use application to obtain documentation regarding a school district's
willingness, capacity, or ability to serve the development proposed in the land use application.
(4) Upon a specified public agency's submission of a development plan and schedule as
required in Subsection 
10-9a-305
(8) that complies with the requirements of that subsection, the
specified public agency vests in the municipality's applicable land use maps, zoning map,
hookup fees, impact fees, other applicable development fees, and land use [
ordinances
]
regulations
 in effect on the date of submission.
Section 10. Section 
10-9a-707
 is amended to read:
10-9a-707.
Scope of review of factual matters on appeal -- Appeal authority
requirements.
(1) A municipality may, by ordinance, designate the [
standard
] 
scope
 of review 
of
factual matters
 for appeals of land use authority decisions.
(2) If the municipality fails to designate a [
standard
] 
scope
 of review of factual matters,
the appeal authority shall review the matter de novo
, without deference to the land use
authority's determination of factual matters
.
(3) If the scope of review of factual matters is on the record, the appeal authority shall
determine whether the record on appeal includes substantial evidence for each essential finding
of fact.
[
(3)
] 
(4)
 The appeal authority shall
:
(a)
 determine the correctness of [
a decision of
] the land use [
authority in its
] 
authority's
interpretation and application of [
a
] 
the plain meaning of the
 land use [
ordinance.
] 
regulations;
and
(b) interpret and apply a land use regulation to favor a land use application unless the
land use regulation plainly restricts the land use application.
(5) An appeal authority's land use decision is a quasi-judicial act, even if the appeal
authority is the legislative body.
[
(4)
] 
(6)
 Only [
those decisions
] 
a decision
 in which a land use authority has applied a
land use [
ordinance
] 
regulation
 to a particular 
land use
 application, person, or parcel may be
appealed to an appeal authority.
Section 11. Section 
10-9a-801
 is amended to read:
10-9a-801.
No district court review until administrative remedies exhausted --
Time for filing -- Tolling of time -- Standards governing court review -- Record on review
-- Staying of decision.
(1) No person may challenge in district court a [
municipality's
] land use decision
[
made under this chapter, or under a regulation made under authority of this chapter,
] until that
person has exhausted the person's administrative remedies as provided in Part 7, Appeal
Authority and Variances, if applicable.
(2) (a) Any person adversely affected by a final decision made in the exercise of or in
violation of the provisions of this chapter may file a petition for review of the decision with the
district court within 30 days after the [
local land use
] decision is final.
(b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
property owner files a request for arbitration of a constitutional taking issue with the property
rights ombudsman under Section 
13-43-204
 until 30 days after:
(A) the arbitrator issues a final award; or
(B) the property rights ombudsman issues a written statement under Subsection
13-43-204
(3)(b) declining to arbitrate or to appoint an arbitrator.
(ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
taking issue that is the subject of the request for arbitration filed with the property rights
ombudsman by a property owner.
(iii) A request for arbitration filed with the property rights ombudsman after the time
under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
(3) (a) [
The courts
] 
A court
 shall:
(i) presume that a [
decision, ordinance, or
] 
land use
 regulation [
made
] 
properly enacted
under the authority of this chapter is valid; and
(ii) determine only whether [
or not the decision, ordinance, or regulation is arbitrary,
capricious, or illegal.
]
:
[
(b) A decision, ordinance, or regulation involving the exercise of legislative discretion
is valid if it is reasonably debatable that the decision, ordinance, or regulation promotes the
purposes of this chapter and is not otherwise illegal.
]
[
(c) A final decision of a land use authority or an appeal authority is valid if the
decision is supported by substantial evidence in the record and is not arbitrary, capricious, or
illegal.
]
[
(d) A determination of illegality requires a determination that the decision, ordinance,
or regulation violates a law, statute, or ordinance in effect at the time the decision was made or
the ordinance or regulation adopted.
]
(A) the land use regulation is expressly preempted by, or was enacted contrary to, state
or federal law; and
(B) it is reasonably debatable that the land use regulation is consistent with this
chapter.
(b) A court shall:
(i) presume that a final decision of a land use authority or an appeal authority is valid;
and
(ii) uphold the decision unless the decision is:
(A) arbitrary and capricious; or
(B) illegal.
(c) (i) A decision is arbitrary and capricious unless the decision is supported by
substantial evidence in the record.
(ii) A decision is illegal if the decision is:
(A) based on an incorrect interpretation of a land use regulation; or
(B) contrary to law.
(4) The provisions of Subsection (2)(a) apply from the date on which the municipality
takes final action on a land use application for any adversely affected third party, if the
municipality conformed with the notice provisions of Part 2, Notice, or for any person who had
actual notice of the pending decision.
(5) If the municipality has complied with Section 
10-9a-205
, a challenge to the
enactment of a land use [
ordinance
] 
regulation
 or general plan may not be filed with the district
court more than 30 days after the enactment.
(6) [
The petition
] 
A challenge to a land use decision
 is barred unless [
it
] 
the challenge
is filed within 30 days after the [
appeal authority's
] 
land use
 decision is final.
(7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
the reviewing court the record of its proceedings, including its minutes, findings, orders, and, if
available, a true and correct transcript of its proceedings.
(b) If the proceeding was [
tape
] recorded, a transcript of that [
tape
] recording is a true
and correct transcript for purposes of this Subsection (7).
(8) (a) (i) If there is a record, the district court's review is limited to the record provided
by the land use authority or appeal authority, as the case may be.
(ii) The court may not accept or consider any evidence outside the record of the land
use authority or appeal authority, as the case may be, unless that evidence was offered to the
land use authority or appeal authority, respectively, and the court determines that it was
improperly excluded.
(b) If there is no record, the court may call witnesses and take evidence.
(9) (a) The filing of a petition does not stay the decision of the land use authority or
authority appeal authority, as the case may be.
(b) (i) Before filing a petition under this section or a request for mediation or
arbitration of a constitutional taking issue under Section 
13-43-204
, the aggrieved party may
petition the appeal authority to stay its decision.
(ii) Upon receipt of a petition to stay, the appeal authority may order its decision stayed
pending district court review if the appeal authority finds it to be in the best interest of the
municipality.
(iii) After a petition is filed under this section or a request for mediation or arbitration
of a constitutional taking issue is filed under Section 
13-43-204
, the petitioner may seek an
injunction staying the appeal authority's decision.
Section 12. Section 
11-36a-504
 is amended to read:
11-36a-504.
Notice of intent to adopt impact fee enactment -- Hearing --
Protections.
(1) Before adopting an impact fee enactment:
(a) a municipality legislative body shall:
(i) comply with the notice requirements of Section 
10-9a-205
 as if the impact fee
enactment were a land use [
ordinance
] 
regulation
;
(ii) hold a hearing in accordance with Section 
10-9a-502
 as if the impact fee enactment
were a land use [
ordinance
] 
regulation
; and
(iii) except as provided in Subsection 
11-36a-701
(3)(b)(ii), receive the protections of
Section 
10-9a-801
 as if the impact fee were a land use [
ordinance
] 
regulation
;
(b) a county legislative body shall:
(i) comply with the notice requirements of Section 
17-27a-205
 as if the impact fee
enactment were a land use [
ordinance
] 
regulation
;
(ii) hold a hearing in accordance with Section 
17-27a-502
 as if the impact fee
enactment were a land use [
ordinance
] 
regulation
; and
(iii) except as provided in Subsection 
11-36a-701
(3)(b)(ii), receive the protections of
Section 
17-27a-801
 as if the impact fee were a land use [
ordinance
] 
regulation
;
(c) a local district or special service district shall:
(i) comply with the notice and hearing requirements of Section 
17B-1-111
; and
(ii) receive the protections of Section 
17B-1-111
;
(d) a local political subdivision shall at least 10 days before the day on which a public
hearing is scheduled in accordance with this section:
(i) make a copy of the impact fee enactment available to the public; and
(ii) post notice of the local political subdivision's intent to enact or modify the impact
fee, specifying the type of impact fee being enacted or modified, on the Utah Public Notice
Website created under Section 
63F-1-701
; and
(e) a local political subdivision shall submit a copy of the impact fee analysis and a
copy of the summary of the impact fee analysis prepared in accordance with Section
11-36a-303
 on its website or to each public library within the local political subdivision.
(2) Subsection (1)(a) or (b) may not be construed to require involvement by a planning
commission in the impact fee enactment process.
Section 13. Section 
17-27a-103
 is amended to read:
17-27a-103.
Definitions.
As used in this chapter:
(1) "Affected entity" means a county, municipality, local district, special service
district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
property owner, property owners association, public utility, or the Utah Department of
Transportation, if:
(a) the entity's services or facilities are likely to require expansion or significant
modification because of an intended use of land;
(b) the entity has filed with the county a copy of the entity's general or long-range plan;
or
(c) the entity has filed with the county a request for notice during the same calendar
year and before the county provides notice to an affected entity in compliance with a
requirement imposed under this chapter.
(2) "Appeal authority" means the person, board, commission, agency, or other body
designated by ordinance to decide an appeal of a decision of a land use application or a
variance.
(3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
residential property if the sign is designed or intended to direct attention to a business, product,
or service that is not sold, offered, or existing on the property where the sign is located.
(4) (a) "Charter school" means:
(i) an operating charter school;
(ii) a charter school applicant that has its application approved by a charter school
authorizer in accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; or
(iii) an entity that is working on behalf of a charter school or approved charter
applicant to develop or construct a charter school building.
(b) "Charter school" does not include a therapeutic school.
(5) "Chief executive officer" means the person or body that exercises the executive
powers of the county.
(6) "Conditional use" means a land use that, because of its unique characteristics or
potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
compatible in some areas or may be compatible only if certain conditions are required that
mitigate or eliminate the detrimental impacts.
(7) "Constitutional taking" means a governmental action that results in a taking of
private property so that compensation to the owner of the property is required by the:
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
(b) Utah Constitution
,
 Article I, Section 22.
(8) "Culinary water authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of the culinary water system and sources for
the subject property.
(9) "Development activity" means:
(a) any construction or expansion of a building, structure, or use that creates additional
demand and need for public facilities;
(b) any change in use of a building or structure that creates additional demand and need
for public facilities; or
(c) any change in the use of land that creates additional demand and need for public
facilities.
(10) (a) "Disability" means a physical or mental impairment that substantially limits
one or more of a person's major life activities, including a person having a record of such an
impairment or being regarded as having such an impairment.
(b) "Disability" does not include current illegal use of, or addiction to, any federally
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
802.
(11) "Educational facility":
(a) means:
(i) a school district's building at which pupils assemble to receive instruction in a
program for any combination of grades from preschool through grade 12, including
kindergarten and a program for children with disabilities;
(ii) a structure or facility:
(A) located on the same property as a building described in Subsection (11)(a)(i); and
(B) used in support of the use of that building; and
(iii) a building to provide office and related space to a school district's administrative
personnel; and
(b) does not include:
(i) land or a structure, including land or a structure for inventory storage, equipment
storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
(A) not located on the same property as a building described in Subsection (11)(a)(i);
and
(B) used in support of the purposes of a building described in Subsection (11)(a)(i); or
(ii) a therapeutic school.
(12) "Fire authority" means the department, agency, or public entity with responsibility
to review and approve the feasibility of fire protection and suppression services for the subject
property.
(13) "Flood plain" means land that:
(a) is within the 100-year flood plain designated by the Federal Emergency
Management Agency; or
(b) has not been studied or designated by the Federal Emergency Management Agency
but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
the land has characteristics that are similar to those of a 100-year flood plain designated by the
Federal Emergency Management Agency.
(14) "Gas corporation" has the same meaning as defined in Section 
54-2-1
.
(15) "General plan" means a document that a county adopts that sets forth general
guidelines for proposed future development of:
(a) the unincorporated land within the county; or
(b) for a mountainous planning district, the land within the mountainous planning
district.
(16) "Geologic hazard" means:
(a) a surface fault rupture;
(b) shallow groundwater;
(c) liquefaction;
(d) a landslide;
(e) a debris flow;
(f) unstable soil;
(g) a rock fall; or
(h) any other geologic condition that presents a risk:
(i) to life;
(ii) of substantial loss of real property; or
(iii) of substantial damage to real property.
(17) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility
system.
(18) "Identical plans" means building plans submitted to a county that:
(a) are clearly marked as "identical plans";
(b) are substantially identical building plans that were previously submitted to and
reviewed and approved by the county; and
(c) describe a building that:
(i) is located on land zoned the same as the land on which the building described in the
previously approved plans is located;
(ii) is subject to the same geological and meteorological conditions and the same law
as the building described in the previously approved plans;
(iii) has a floor plan identical to the building plan previously submitted to and reviewed
and approved by the county; and
(iv) does not require any additional engineering or analysis.
(19) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
Impact Fees Act.
(20) "Improvement completion assurance" means a surety bond, letter of credit,
financial institution bond, cash, assignment of rights, lien, or other equivalent security required
by a county to guaranty the proper completion of landscaping or an infrastructure improvement
required as a condition precedent to:
(a) recording a subdivision plat; or
(b) development of a commercial, industrial, mixed use, or multifamily project.
(21) "Improvement warranty" means an applicant's unconditional warranty that the
applicant's installed and accepted landscaping or infrastructure improvement:
(a) complies with the county's written standards for design, materials, and
workmanship; and
(b) will not fail in any material respect, as a result of poor workmanship or materials,
within the improvement warranty period.
(22) "Improvement warranty period" means a period:
(a) no later than one year after a county's acceptance of required landscaping; or
(b) no later than one year after a county's acceptance of required infrastructure, unless
the county:
(i) determines for good cause that a one-year period would be inadequate to protect the
public health, safety, and welfare; and
(ii) has substantial evidence, on record:
(A) of prior poor performance by the applicant; or
(B) that the area upon which the infrastructure will be constructed contains suspect soil
and the county has not otherwise required the applicant to mitigate the suspect soil.
(23) "Infrastructure improvement" means permanent infrastructure that an applicant
must install:
(a) pursuant to published installation and inspection specifications for public
improvements; and
(b) as a condition of:
(i) recording a subdivision plat; or
(ii) development of a commercial, industrial, mixed use, condominium, or multifamily
project.
(24) "Internal lot restriction" means a platted note, platted demarcation, or platted
designation that:
(a) runs with the land; and
(b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
the plat; or
(ii) designates a development condition that is enclosed within the perimeter of a lot
described on the plat.
(25) "Interstate pipeline company" means a person or entity engaged in natural gas
transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(26) "Intrastate pipeline company" means a person or entity engaged in natural gas
transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(27) "Land use applicant" means a property owner, or the property owner's designee,
who submits a land use application regarding the property owner's land.
[
(27)
] 
(28)
 "Land use application"
:
(a)
 means an application 
that is:
(i)
 required by a [
county's land use ordinance.
] 
county; and
(ii) submitted by a land use applicant to obtain a land use decision; and
(b) does not mean an application to enact, amend, or repeal a land use regulation.
[
(28)
] 
(29)
 "Land use authority" means:
(a) a person, board, commission, agency, or body, including the local legislative body,
designated by the local legislative body to act upon a land use application; or
(b) if the local legislative body has not designated a person, board, commission,
agency, or body, the local legislative body.
[
(29) "Land use ordinance" means a planning, zoning, development, or subdivision
ordinance of the county, but does not include the general plan.
]
(30) "Land use decision" means a final action of a land use authority or appeal
authority regarding:
(a) a land use permit;
(b) a land use application; or
(c) the enforcement of a land use regulation, land use permit, or development
agreement.
[
(30)
] 
(31)
 "Land use permit" means a permit issued by a land use authority.
(32) "Land use regulation":
(a) means an ordinance, law, code, map, resolution, specification, fee, or rule that
governs the use or development of land; and
(b) does not include:
(i) a general plan;
(ii) a land use decision of the legislative body acting as the land use authority, even if
the decision is expressed in a resolution or ordinance; or
(iii) a temporary revision to an engineering specification that does not materially:
(A) increase a land use applicant's cost of development compared to the existing
specification; or
(B) impact a land use applicant's use of land.
[
(31)
] 
(33)
 "Legislative body" means the county legislative body, or for a county that
has adopted an alternative form of government, the body exercising legislative powers.
[
(32)
] 
(34)
 "Local district" means any entity under Title 17B, Limited Purpose Local
Government Entities - Local Districts, and any other governmental or quasi-governmental
entity that is not a county, municipality, school district, or the state.
[
(33)
] 
(35)
 "Lot line adjustment" means the relocation of the property boundary line in
a subdivision between two adjoining lots with the consent of the owners of record.
[
(34)
] 
(36)
 "Moderate income housing" means housing occupied or reserved for
occupancy by households with a gross household income equal to or less than 80% of the
median gross income for households of the same size in the county in which the housing is
located.
[
(35)
] 
(37)
 "Mountainous planning district" means an area:
(a) designated by a county legislative body in accordance with Section 
17-27a-901
; and
(b) that is not otherwise exempt under [
Subsection
] 
Section
10-9a-304
[
(2)(b)
].
[
(36)
] 
(38)
 "Nominal fee" means a fee that reasonably reimburses a county only for
time spent and expenses incurred in:
(a) verifying that building plans are identical plans; and
(b) reviewing and approving those minor aspects of identical plans that differ from the
previously reviewed and approved building plans.
[
(37)
] 
(39)
 "Noncomplying structure" means a structure that:
(a) legally existed before its current land use designation; and
(b) because of one or more subsequent land use ordinance changes, does not conform
to the setback, height restrictions, or other regulations, excluding those regulations that govern
the use of land.
[
(38)
] 
(40)
 "Nonconforming use" means a use of land that:
(a) legally existed before its current land use designation;
(b) has been maintained continuously since the time the land use ordinance regulation
governing the land changed; and
(c) because of one or more subsequent land use ordinance changes, does not conform
to the regulations that now govern the use of the land.
[
(39)
] 
(41)
 "Official map" means a map drawn by county authorities and recorded in
the county recorder's office that:
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
highways and other transportation facilities;
(b) provides a basis for restricting development in designated rights-of-way or between
designated setbacks to allow the government authorities time to purchase or otherwise reserve
the land; and
(c) has been adopted as an element of the county's general plan.
[
(40)
] 
(42)
 "Parcel boundary adjustment" means a recorded agreement between owners
of adjoining properties adjusting their mutual boundary if:
(a) no additional parcel is created; and
(b) each property identified in the agreement is unsubdivided land, including a
remainder of subdivided land.
[
(41)
] 
(43)
 "Person" means an individual, corporation, partnership, organization,
association, trust, governmental agency, or any other legal entity.
[
(42)
] 
(44)
 "Plan for moderate income housing" means a written document adopted by
a county legislative body that includes:
(a) an estimate of the existing supply of moderate income housing located within the
county;
(b) an estimate of the need for moderate income housing in the county for the next five
years as revised biennially;
(c) a survey of total residential land use;
(d) an evaluation of how existing land uses and zones affect opportunities for moderate
income housing; and
(e) a description of the county's program to encourage an adequate supply of moderate
income housing.
[
(43)
] 
(45)
 "Planning advisory area" means a contiguous, geographically defined
portion of the unincorporated area of a county established under this part with planning and
zoning functions as exercised through the planning advisory area planning commission, as
provided in this chapter, but with no legal or political identity separate from the county and no
taxing authority.
[
(44)
] 
(46)
 "Plat" means a map or other graphical representation of lands being laid out
and prepared in accordance with Section 
17-27a-603
, 
17-23-17
, or 
57-8-13
.
[
(45)
] 
(47)
 "Potential geologic hazard area" means an area that:
(a) is designated by a Utah Geological Survey map, county geologist map, or other
relevant map or report as needing further study to determine the area's potential for geologic
hazard; or
(b) has not been studied by the Utah Geological Survey or a county geologist but
presents the potential of geologic hazard because the area has characteristics similar to those of
a designated geologic hazard area.
[
(46)
] 
(48)
 "Public agency" means:
(a) the federal government;
(b) the state;
(c) a county, municipality, school district, local district, special service district, or other
political subdivision of the state; or
(d) a charter school.
[
(47)
] 
(49)
 "Public hearing" means a hearing at which members of the public are
provided a reasonable opportunity to comment on the subject of the hearing.
[
(48)
] 
(50)
 "Public meeting" means a meeting that is required to be open to the public
under Title 52, Chapter 4, Open and Public Meetings Act.
[
(49)
] 
(51)
 "Receiving zone" means an unincorporated area of a county that the county
designates, by ordinance, as an area in which an owner of land may receive a transferable
development right.
[
(50)
] 
(52)
 "Record of survey map" means a map of a survey of land prepared in
accordance with Section 
17-23-17
.
[
(51)
] 
(53)
 "Residential facility for persons with a disability" means a residence:
(a) in which more than one person with a disability resides; and
(b) (i) which is licensed or certified by the Department of Human Services under Title
62A, Chapter 2, Licensure of Programs and Facilities; or
(ii) which is licensed or certified by the Department of Health under Title 26, Chapter
21, Health Care Facility Licensing and Inspection Act.
[
(52)
] 
(54)
 "Rules of order and procedure" means a set of rules that govern and
prescribe in a public meeting:
(a) parliamentary order and procedure;
(b) ethical behavior; and
(c) civil discourse.
[
(53)
] 
(55)
 "Sanitary sewer authority" means the department, agency, or public entity
with responsibility to review and approve the feasibility of sanitary sewer services or onsite
wastewater systems.
[
(54)
] 
(56)
 "Sending zone" means an unincorporated area of a county that the county
designates, by ordinance, as an area from which an owner of land may transfer a transferable
development right.
[
(55)
] 
(57)
 "Site plan" means a document or map that may be required by a county
during a preliminary review preceding the issuance of a building permit to demonstrate that an
owner's or developer's proposed development activity meets a land use requirement.
[
(56)
] 
(58)
 "Specified public agency" means:
(a) the state;
(b) a school district; or
(c) a charter school.
[
(57)
] 
(59)
 "Specified public utility" means an electrical corporation, gas corporation,
or telephone corporation, as those terms are defined in Section 
54-2-1
.
[
(58)
] 
(60)
 "State" includes any department, division, or agency of the state.
[
(59)
] 
(61)
 "Street" means a public right-of-way, including a highway, avenue,
boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement,
or other way.
[
(60)
] 
(62)
 (a) "Subdivision" means any land that is divided, resubdivided or proposed
to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
purpose, whether immediate or future, for offer, sale, lease, or development either on the
installment plan or upon any and all other plans, terms, and conditions.
(b) "Subdivision" includes:
(i) the division or development of land whether by deed, metes and bounds description,
devise and testacy, map, plat, or other recorded instrument; and
(ii) except as provided in Subsection [
(60)
] 
(62)
(c), divisions of land for residential and
nonresidential uses, including land used or to be used for commercial, agricultural, and
industrial purposes.
(c) "Subdivision" does not include:
(i) a bona fide division or partition of agricultural land for agricultural purposes;
(ii) a recorded agreement between owners of adjoining properties adjusting their
mutual boundary if:
(A) no new lot is created; and
(B) the adjustment does not violate applicable land use ordinances;
(iii) a recorded document, executed by the owner of record:
(A) revising the legal description of more than one contiguous unsubdivided parcel of
property into one legal description encompassing all such parcels of property; or
(B) joining a subdivided parcel of property to another parcel of property that has not
been subdivided, if the joinder does not violate applicable land use ordinances;
(iv) a bona fide division or partition of land in a county other than a first class county
for the purpose of siting, on one or more of the resulting separate parcels:
(A) an electrical transmission line or a substation;
(B) a natural gas pipeline or a regulation station; or
(C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
utility service regeneration, transformation, retransmission, or amplification facility;
(v) a recorded agreement between owners of adjoining subdivided properties adjusting
their mutual boundary if:
(A) no new dwelling lot or housing unit will result from the adjustment; and
(B) the adjustment will not violate any applicable land use ordinance;
(vi) a bona fide division or partition of land by deed or other instrument where the land
use authority expressly approves in writing the division in anticipation of further land use
approvals on the parcel or parcels; or
(vii) a parcel boundary adjustment.
(d) The joining of a subdivided parcel of property to another parcel of property that has
not been subdivided does not constitute a subdivision under this Subsection [
(60)
] 
(62)
 as to
the unsubdivided parcel of property or subject the unsubdivided parcel to the county's
subdivision ordinance.
[
(61)
] 
(63)
 "Suspect soil" means soil that has:
(a) a high susceptibility for volumetric change, typically clay rich, having more than a
3% swell potential;
(b) bedrock units with high shrink or swell susceptibility; or
(c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
commonly associated with dissolution and collapse features.
[
(62)
] 
(64)
 "Therapeutic school" means a residential group living facility:
(a) for four or more individuals who are not related to:
(i) the owner of the facility; or
(ii) the primary service provider of the facility;
(b) that serves students who have a history of failing to function:
(i) at home;
(ii) in a public school; or
(iii) in a nonresidential private school; and
(c) that offers:
(i) room and board; and
(ii) an academic education integrated with:
(A) specialized structure and supervision; or
(B) services or treatment related to a disability, an emotional development, a
behavioral development, a familial development, or a social development.
[
(63)
] 
(65)
 "Transferable development right" means a right to develop and use land that
originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
land use rights from a designated sending zone to a designated receiving zone.
[
(64)
] 
(66)
 "Unincorporated" means the area outside of the incorporated area of a
municipality.
[
(65)
] 
(67)
 "Water interest" means any right to the beneficial use of water, including:
(a) each of the rights listed in Section 
73-1-11
; and
(b) an ownership interest in the right to the beneficial use of water represented by:
(i) a contract; or
(ii) a share in a water company, as defined in Section 
73-3-3.5
.
[
(66)
] 
(68)
 "Zoning map" means a map, adopted as part of a land use ordinance, that
depicts land use zones, overlays, or districts.
Section 14. Section 
17-27a-104
 is amended to read:
17-27a-104.
Stricter requirements or higher standards.
(1) Except as provided in Subsection (2), a county may enact [
an ordinance
] 
a land use
regulation
 imposing stricter requirements or higher standards than are required by this chapter.
(2) A county may not impose [
stricter requirements or higher standards than are
required by:
] 
a requirement or standard that conflicts with a provision of this chapter, other
state law, or federal law.
[
(a) Section 
17-27a-305
; and
]
[
(b) Section 
17-27a-513
.
]
Section 15. Section 
17-27a-205
 is amended to read:
17-27a-205.
Notice of public hearings and public meetings on adoption or
modification of land use regulation.
(1) Each county shall give:
(a) notice of the date, time, and place of the first public hearing to consider the
adoption or modification of a land use [
ordinance
] 
regulation
; and
(b) notice of each public meeting on the subject.
(2) Each notice of a public hearing under Subsection (1)(a) shall be:
(a) mailed to each affected entity at least 10 calendar days before the public hearing;
(b) posted:
(i) in at least three public locations within the county; or
(ii) on the county's official website; and
(c) (i) published:
(A) in a newspaper of general circulation in the area at least 10 calendar days before
the public hearing; and
(B) on the Utah Public Notice Website created in Section 
63F-1-701
, at least 10
calendar days before the public hearing; or
(ii) mailed at least 10 days before the public hearing to:
(A) each property owner whose land is directly affected by the land use ordinance
change; and
(B) each adjacent property owner within the parameters specified by county ordinance.
(3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
before the hearing and shall be posted:
(a) in at least three public locations within the county; or
(b) on the county's official website.
(4) (a) [
If a county plans to hold a public hearing in accordance with Section
17-27a-502
 to adopt a zoning map or map amendment, the
] 
A
 county shall send a courtesy
notice to each owner of private real property whose property is located entirely or partially
within the proposed 
zoning
 map 
enactment or amendment
 at least 10 days [
prior to
] 
before
 the
scheduled day of the public hearing.
(b) The notice shall:
(i) identify with specificity each owner of record of real property that will be affected
by the proposed zoning map or map amendments;
(ii) state the current zone in which the real property is located;
(iii) state the proposed new zone for the real property;
(iv) provide information regarding or a reference to the proposed regulations,
prohibitions, and permitted uses that the property will be subject to if the zoning map or map
amendment is adopted;
(v) state that the owner of real property may no later than 10 days after the day of the
first public hearing file a written objection to the inclusion of the owner's property in the
proposed zoning map or map amendment;
(vi) state the address where the property owner should file the protest;
(vii) notify the property owner that each written objection filed with the county will be
provided to the county legislative body; and
(viii) state the location, date, and time of the public hearing described in Section
17-27a-502
.
(c) If a county mails notice to a property owner in accordance with Subsection (2)(c)(ii)
for a public hearing on a zoning map or map amendment, the notice required in this Subsection
(4) may be included in or part of the notice described in Subsection (2)(c)(ii) rather than sent
separately.
Section 16. Section 
17-27a-302
 is amended to read:
Part 3. General Land Use Provisions
17-27a-302.
Planning commission powers and duties.
Each countywide planning advisory area or mountainous planning district planning
commission shall, with respect to the unincorporated area of the county, the planning advisory
area, or the mountainous planning district, make a recommendation to the county legislative
body for:
(1) a general plan and amendments to the general plan;
(2) land use [
ordinances, zoning maps, official maps, and amendments
] 
regulations
;
(3) an appropriate delegation of power to at least one designated land use authority to
hear and act on a land use application;
(4) an appropriate delegation of power to at least one appeal authority to hear and act
on an appeal from a decision of the land use authority; and
(5) application processes that:
(a) may include a designation of routine land use matters that, upon application and
proper notice, will receive informal streamlined review and action if the application is
uncontested; and
(b) shall protect the right of each:
(i) applicant and third party to require formal consideration of any application by a land
use authority;
(ii) applicant, adversely affected party, or county officer or employee to appeal a land
use authority's decision to a separate appeal authority; and
(iii) participant to be heard in each public hearing on a contested application.
Section 17. Section 
17-27a-308
 is enacted to read:
 17-27a-308.
Land use authority requirements -- Nature of land use decision.
(1) A land use authority shall apply the plain language of land use regulations.
(2) If a land use regulation does not plainly restrict a land use application, the land use
authority shall interpret and apply the land use regulation to favor the land use application.
(3) A land use decision of a land use authority is an administrative act, even if the land
use authority is the legislative body.
Section 18. Section 
17-27a-501
 is amended to read:
Part 5. Land Use Regulations
17-27a-501.
Enactment of land use regulation.
(1)
 [
The
] 
Only a
 legislative body may enact 
a
 land use [
ordinances and a zoning map
]
regulation.
(2) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use
regulation only by ordinance.
(b) A legislative body may, by ordinance or resolution, enact a land use regulation that
imposes a fee.
(3) A land use regulation shall be
 consistent with the purposes set forth in this chapter.
Section 19. Section 
17-27a-502
 is amended to read:
17-27a-502.
Preparation and adoption of land use regulation.
(1) The planning commission shall:
(a) provide notice as required by Subsection 
17-27a-205
(1)(a) and, if applicable,
Subsection 
17-27a-205
(4);
(b) hold a public hearing on a proposed land use [
ordinance or zoning map
] 
regulation
;
(c) if applicable, consider each written objection filed in accordance with Subsection
17-27a-205
(4) prior to the public hearing; and
(d) (i) prepare and recommend to the legislative body a proposed land use [
ordinance
or ordinances and zoning map that represent
] 
regulation that represents
 the planning
commission's recommendation for regulating the use and development of land within:
(A) all or any part of the unincorporated area of the county; or
(B) for a mountainous planning district, all or any part of the area in the mountainous
planning district; and
(ii) forward to the legislative body all objections filed in accordance with Subsection
17-27a-205
(4).
(2) The [
county
] legislative body shall consider each proposed land use [
ordinance and
zoning map
] 
regulation
 recommended to [
it
] 
the legislative body
 by the planning commission,
and, after providing notice as required by Subsection 
17-27a-205
(1)(b) and holding a public
meeting, the legislative body may adopt or reject the proposed [
ordinance or map
] 
land use
regulation
 either as proposed by the planning commission or after making any revision the
[
county
] legislative body considers appropriate.
Section 20. Section 
17-27a-503
 is amended to read:
17-27a-503.
Zoning district or land use regulation amendments.
(1) [
The
] 
Only a
 legislative body may amend:
(a) the number, shape, boundaries, or area of any zoning district;
(b) any regulation of or within the zoning district; or
(c) any other provision of a land use [
ordinance
] 
regulation
.
(2) The legislative body may not make any amendment authorized by this [
subsection
]
section
 unless the amendment was proposed by the planning commission or is first submitted
to the planning commission for its recommendation.
(3) The legislative body shall comply with the procedure specified in Section
17-27a-502
 in preparing and adopting an amendment to a land use [
ordinance or a zoning map
]
regulation
.
Section 21. Section 
17-27a-508
 is amended to read:
17-27a-508.
Applicant's entitlement to land use application approval --
Exceptions -- Application relating to land in a high priority transportation corridor --
County's requirements and limitations -- Vesting upon submission of development plan
and schedule.
(1) (a) (i) An applicant who has filed a complete land use application, including the
payment of all application fees, is entitled to substantive land use review of the land use
application under the land use [
laws
] 
regulations
 in effect on the date that the application is
complete and as further provided in this section.
(ii) Except as provided in Subsection (1)(b), an applicant is entitled to approval of a
land use application if the application conforms to the requirements of the county's land use
[
maps, zoning map, and applicable land use ordinance
] 
regulations
 in effect when a complete
application is submitted and all application fees have been paid, unless:
(A) the land use authority, on the record, finds that a compelling, countervailing public
interest would be jeopardized by approving the application; or
(B) in the manner provided by local ordinance and before the application is submitted,
the county has formally initiated proceedings to amend [
its ordinances
] 
the county's land use
regulations
 in a manner that would prohibit approval of the application as submitted.
(b) (i) Except as provided in Subsection (1)(c), an applicant is not entitled to approval
of a land use application until the requirements of this Subsection (1)(b)(i) and Subsection
(1)(b)(ii) have been met if the land use application relates to land located within the boundaries
of a high priority transportation corridor designated in accordance with Section 
72-5-403
.
(ii) (A) A county shall notify the executive director of the Department of
Transportation of any land use applications that relate to land located within the boundaries of
a high priority transportation corridor.
(B) The notification under Subsection (1)(b)(ii)(A) shall be in writing and mailed by
certified or registered mail to the executive director of the Department of Transportation.
(iii) Except as provided in Subsection (1)(c), a county may not approve a land use
application that relates to land located within the boundaries of a high priority transportation
corridor until:
(A) 30 days after the notification under Subsection (1)(b)(ii)(A) is received by the
Department of Transportation if the land use application is for a building permit; or
(B) 45 days after the notification under Subsection (1)(b)(ii)(A) is received by the
Department of Transportation if the land use application is for any land use other than a
building permit.
(iv) (A) If an application is an application for a subdivision approval, including any
land, subject to Subsection (1)(b)(iv)(C), located within 100 feet of the center line of a canal,
the land use authority shall:
(I) within 30 days after the day on which the application is filed, notify the canal
company or canal operator responsible for the canal, if the canal company or canal owner has
provided information under Section 
17-27a-211
; and
(II) wait at least 10 days after the day on which the land use authority notifies a canal
company or canal operator under Subsection (1)(b)(iv)(A)(I) to approve or reject the
subdivision application described in Subsection (1)(b)(iv)(A).
(B) The notification under Subsection (1)(b)(iv)(A) shall be in writing and mailed by
certified or registered mail to the canal company or canal operator contact described in Section
17-27a-211
.
(C) The location of land described in Subsection (1)(b)(iv)(A) shall be:
(I) provided by a canal company or canal operator to the land use authority; and
(II) (Aa) determined by use of mapping-grade global positioning satellite units; or
(Bb) digitized from the most recent aerial photo available to the canal company or
canal operator.
(c) (i) A land use application is exempt from the requirements of Subsection (1)(b)(i)
if:
(A) the land use application relates to land that was the subject of a previous land use
application; and
(B) the previous land use application described under Subsection (1)(c)(i)(A) complied
with the requirements of Subsections (1)(b)(i) and (ii).
(ii) A county may approve a land use application without making the required
notifications under Subsections (1)(b)(i) and (ii) if:
(A) the land use application relates to land that was the subject of a previous land use
application; and
(B) the previous land use application described under Subsection (1)(c)(ii)(A)
complied with the requirements of Subsections (1)(b)(i) and (ii).
(d) After a county has complied with the requirements of Subsection (1)(b) for a land
use application, the county may not withhold approval of the land use application for which the
applicant is otherwise entitled under Subsection (1)(a).
(e) The county shall process an application without regard to proceedings initiated to
amend the county's ordinances as provided in Subsection (1)(a)(ii)(B) if:
(i) 180 days have passed since the proceedings were initiated; and
(ii) the proceedings have not resulted in an enactment that prohibits approval of the
application as submitted.
(f) An application for a land use approval is considered submitted and complete when
the application is provided in a form that complies with the requirements of applicable
ordinances and all applicable fees have been paid.
(g) The continuing validity of an approval of a land use application is conditioned upon
the applicant proceeding after approval to implement the approval with reasonable diligence.
(h) A county may not impose on an applicant who has submitted a complete
application for preliminary subdivision approval a requirement that is not expressed:
(i) in this chapter;
(ii) in a county ordinance; or
(iii) in a county specification for public improvements applicable to a subdivision or
development that is in effect on the date that the applicant submits an application.
(i) A county may not impose on a holder of an issued land use permit or a final,
unexpired subdivision plat a requirement that is not expressed:
(i) in a land use permit;
(ii) on the subdivision plat;
(iii) in a document on which the land use permit or subdivision plat is based;
(iv) in the written record evidencing approval of the land use permit or subdivision
plat;
(v) in this chapter; or
(vi) in a county ordinance.
(j) A county may not withhold issuance of a certificate of occupancy or acceptance of
subdivision improvements because of an applicant's failure to comply with a requirement that
is not expressed:
(i) in the building permit or subdivision plat, documents on which the building permit
or subdivision plat is based, or the written record evidencing approval of the building permit or
subdivision plat; or
(ii) in this chapter or the county's ordinances.
(2) A county is bound by the terms and standards of applicable land use [
ordinances
]
regulations
 and shall comply with mandatory provisions of those [
ordinances
] 
regulations
.
(3) A county may not, as a condition of land use application approval, require a person
filing a land use application to obtain documentation regarding a school district's willingness,
capacity, or ability to serve the development proposed in the land use application.
(4) Upon a specified public agency's submission of a development plan and schedule as
required in Subsection 
17-27a-305
(8) that complies with the requirements of that subsection,
the specified public agency vests in the county's applicable land use maps, zoning map, hookup
fees, impact fees, other applicable development fees, and land use [
ordinances
] 
regulations
 in
effect on the date of submission.
Section 22. Section 
17-27a-707
 is amended to read:
17-27a-707.
Scope of review of factual matters on appeal -- Appeal authority
requirements.
(1) A county may, by ordinance, designate the [
standard
] 
scope
 of review 
of factual
matters
 for appeals of land use authority decisions.
(2) If the county fails to designate a [
standard
] 
scope
 of review of factual matters, the
appeal authority shall review the matter de novo
, without deference to the land use authority's
determination of factual matters
.
(3) If the scope of review of factual matters is on the record, the appeal authority shall
determine whether the record on appeal includes substantial evidence for each essential finding
of fact.
[
(3)
] 
(4)
 The appeal authority shall
:
(a)
 determine the correctness of [
a decision of
] the land use [
authority in its
] 
authority's
interpretation and application of [
a
] 
the plain meaning of the
 land use [
ordinance.
] 
regulations;
and
(b) interpret and apply a land use regulation to favor a land use application unless the
land use regulation plainly restricts the land use application.
(5) An appeal authority's land use decision is a quasi-judicial act, even if the appeal
authority is the legislative body.
[
(4)
] 
(6)
 Only [
those decisions
] 
a decision
 in which a land use authority has applied a
land use [
ordinance
] 
regulation
 to a particular 
land use
 application, person, or parcel may be
appealed to an appeal authority.
Section 23. Section 
17-27a-801
 is amended to read:
17-27a-801.
No district court review until administrative remedies exhausted --
Time for filing -- Tolling of time -- Standards governing court review -- Record on review
-- Staying of decision.
(1) No person may challenge in district court a [
county's
] land use decision [
made
under this chapter, or under a regulation made under authority of this chapter,
] until that person
has exhausted the person's administrative remedies as provided in Part 7, Appeal Authority and
Variances, if applicable.
(2) (a) Any person adversely affected by a final decision made in the exercise of or in
violation of the provisions of this chapter may file a petition for review of the decision with the
district court within 30 days after the [
local land use
] decision is final.
(b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
property owner files a request for arbitration of a constitutional taking issue with the property
rights ombudsman under Section 
13-43-204
 until 30 days after:
(A) the arbitrator issues a final award; or
(B) the property rights ombudsman issues a written statement under Subsection
13-43-204
(3)(b) declining to arbitrate or to appoint an arbitrator.
(ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
taking issue that is the subject of the request for arbitration filed with the property rights
ombudsman by a property owner.
(iii) A request for arbitration filed with the property rights ombudsman after the time
under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
(3) (a) [
The courts
] 
A court
 shall:
(i) presume that a [
decision, ordinance, or
] 
land use
 regulation [
made
] 
properly enacted
under the authority of this chapter is valid; and
(ii) determine only whether [
or not the decision, ordinance, or regulation is arbitrary,
capricious, or illegal.
]
:
(A) the land use regulation is expressly preempted by, or was enacted contrary to, state
or federal law; and
(B) it is reasonably debatable that the land use regulation is consistent with this
chapter.
(b) A court shall:
(i) presume that a final decision of a land use authority or an appeal authority is valid;
and
(ii) uphold the decision unless the decision is:
(A) arbitrary and capricious; or
(B) illegal.
(c) (i) A decision is arbitrary and capricious unless the decision is supported by
substantial evidence in the record.
(ii) A decision is illegal if the decision is:
(A) based on an incorrect interpretation of a land use regulation; or
(B) contrary to law.
[
(b) A decision, ordinance, or regulation involving the exercise of legislative discretion
is valid if it is reasonably debatable that the decision, ordinance, or regulation promotes the
purposes of this chapter and is not otherwise illegal.
]
[
(c) A final decision of a land use authority or an appeal authority is valid if the
decision is supported by substantial evidence in the record and is not arbitrary, capricious, or
illegal.
]
[
(d) A determination of illegality requires a determination that the decision, ordinance,
or regulation violates a law, statute, or ordinance in effect at the time the decision was made or
the ordinance or regulation adopted.
]
(4) The provisions of Subsection (2)(a) apply from the date on which the county takes
final action on a land use application for any adversely affected third party, if the county
conformed with the notice provisions of Part 2, Notice, or for any person who had actual notice
of the pending decision.
(5) If the county has complied with Section 
17-27a-205
, a challenge to the enactment
of a land use [
ordinance
] 
regulation
 or general plan may not be filed with the district court
more than 30 days after the enactment.
(6) [
The petition
] 
A challenge to a land use decision
 is barred unless [
it
] 
the challenge
is filed within 30 days after 
the
 land use [
authority or the appeal authority's
] decision is final.
(7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
the reviewing court the record of its proceedings, including its minutes, findings, orders and, if
available, a true and correct transcript of its proceedings.
(b) If the proceeding was [
tape
] recorded, a transcript of that [
tape
] recording is a true
and correct transcript for purposes of this Subsection (7).
(8) (a) (i) If there is a record, the district court's review is limited to the record provided
by the land use authority or appeal authority, as the case may be.
(ii) The court may not accept or consider any evidence outside the record of the land
use authority or appeal authority, as the case may be, unless that evidence was offered to the
land use authority or appeal authority, respectively, and the court determines that it was
improperly excluded.
(b) If there is no record, the court may call witnesses and take evidence.
(9) (a) The filing of a petition does not stay the decision of the land use authority or
appeal authority, as the case may be.
(b) (i) Before filing a petition under this section or a request for mediation or
arbitration of a constitutional taking issue under Section 
13-43-204
, the aggrieved party may
petition the appeal authority to stay its decision.
(ii) Upon receipt of a petition to stay, the appeal authority may order its decision stayed
pending district court review if the appeal authority finds it to be in the best interest of the
county.
(iii) After a petition is filed under this section or a request for mediation or arbitration
of a constitutional taking issue is filed under Section 
13-43-204
, the petitioner may seek an
injunction staying the appeal authority's decision.
Section 24. Section 
17C-1-104
 is amended to read:
17C-1-104.
Actions not subject to land use laws.
(1) An action taken under this title is not subject to Title 10, Chapter 9a, Municipal
Land Use, Development, and Management Act or Title 17, Chapter 27a, County Land Use,
Development, and Management Act.
(2) An ordinance or resolution adopted under this title is not a land use [
ordinance
]
regulation
 as defined in Sections 
10-9a-103
 and 
17-27a-103
.
Section 25. Section 
63I-2-217
 is amended to read:
63I-2-217.
Repeal dates -- Title 17.
(1) Subsection 
17-27a-102
(1)(b), the language that states "or a designated mountainous
planning district" is repealed June 1, 2017.
(2) (a) Subsection 
17-27a-103
(15)(b) is repealed June 1, 2017.
(b) Subsection 
17-27a-103
[
(34)
]
(37)
 is repealed June 1, 2017.
(3) Subsection 
17-27a-210
(2)(a), the language that states "or the mountainous planning
district area" is repealed June 1, 2017.
(4) (a) Subsection 
17-27a-301
(1)(b)(iii) is repealed June 1, 2017.
(b) Subsection 
17-27a-301
(1)(c) is repealed June 1, 2017.
(c) Subsection 
17-27a-301
(2)(a), the language that states "described in Subsection
(1)(a) or (c)" is repealed June 1, 2017.
(5) Subsection 
17-27a-302
(1), the language that states ", or mountainous planning
district" and "or the mountainous planning district," is repealed June 1, 2017.
(6) Subsection 
17-27a-305
(1)(a), the language that states "a mountainous planning
district or" and ", as applicable" is repealed June 1, 2017.
(7) (a) Subsection 
17-27a-401
(1)(b)(ii) is repealed June 1, 2017.
(b) Subsection 
17-27a-401
(6) is repealed June 1, 2017.
(8) (a) Subsection 
17-27a-403
(1)(b)(ii) is repealed June 1, 2017.
(b) Subsection 
17-27a-403
(1)(c)(iii) is repealed June 1, 2017.
(c) Subsection (2)(a)(iii), the language that states "or the mountainous planning
district" is repealed June 1, 2017.
(d) Subsection 
17-27a-403
(2)(c)(i), the language that states "or mountainous planning
district" is repealed June 1, 2017.
(9) Subsection 
17-27a-502
(1)(d)(i)(B) is repealed June 1, 2017.
(10) Subsection 
17-27a-505.5
(2)(a)(iii) is repealed June 1, 2017.
(11) Subsection 
17-27a-602
(1)(b), the language that states "or, in the case of a
mountainous planning district, the mountainous planning district" is repealed June 1, 2017.
(12) Subsection 
17-27a-604
(1)(b)(i)(B) is repealed June 1, 2017.
(13) Subsection 
17-27a-605
(1), the language that states "or mountainous planning
district land" is repealed June 1, 2017.
(14) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
2017.
(15) On June 1, 2016, when making the changes in this section, the Office of
Legislative Research and General Counsel shall:
(a) in addition to its authority under Subsection 
36-12-12
(3), make corrections
necessary to ensure that sections and subsections identified in this section are complete
sentences and accurately reflect the office's perception of the Legislature's intent; and
(b) identify the text of the affected sections and subsections based upon the section and
subsection numbers used in Laws of Utah 2015, Chapter 465.