Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 179 (2025GS)

Sponsor

Sen. Musselman, Calvin R.

Final action

Governor Signed 3/19/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms; and
• requires each municipality and county to enact a land use regulation establishing a process for reviewing a business use not listed as an approved use in existing ordinances.

Every vote on this bill

Bill text

7
10-9a-507.5
17-27a-506.5
10-9a-507.5
17-27a-506.5
0
Local Regulation of Business Entities Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Calvin R. Musselman
House Sponsor: Karen M. Peterson
LONG TITLE
General Description:
This bill enacts provisions related to local classification and approval of new and unlisted 
business uses.
Highlighted Provisions:
This bill:
defines terms; and
requires each municipality and county to enact a land use regulation establishing a 
process for reviewing a business use not listed as an approved use in existing ordinances.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
10-9a-507.5
, Utah Code Annotated 1953
17-27a-506.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
10-9a-507.5
 is enacted to read:
10-9a-507.5
. Classification of new and unlisted business uses.
(1)
As used in this section:
(a)
"Classification request" means a request to determine whether a proposed business 
use aligns with an existing land use specified in a municipality's land use ordinances.
(b)
"New or unlisted business use" means a business activity that does not align with an 
existing land use specified in a municipality's land use ordinances.
(2)
(a)
Each municipality shall incorporate into the municipality's land use ordinances a 
process for reviewing and approving a new or unlisted business use and designating 
an appropriate zone or zones for an approved use.
(b)
The process described in Subsection 
(2)(a)
 shall:
(i)
detail how an applicant may submit a classification request;
(ii)
establish a procedure for the municipality to review a classification request, 
including:
(A)
providing a land use authority with criteria to determine whether a proposed 
use aligns with an existing use; and
(B)
allowing an applicant to proceed under the regulations of an existing use if a 
land use authority determines a proposed use aligns with that existing use;
(iii)
provide that if a use is determined to be a new or unlisted business use:
(A)
the applicant shall submit an application for approval of the new or unlisted 
business use to the legislative body for review;
(B)
the legislative body shall consider and determine whether to approve or deny 
the new or unlisted business use; and
(C)
the legislative body shall approve or deny the new or unlisted business use, 
within a time frame the legislative body establishes by ordinance, if the 
applicant responds to requests for additional information within a time frame 
established by the municipality and appears at required hearings;
(iv)
provide that if the legislative body approves a proposed new or unlisted business 
use, the legislative body shall designate an appropriate zone or zones for the 
approved use; and
(v)
provide that if the legislative body denies a proposed new or unlisted business 
use, or if an applicant disagrees with the land use authority's classification of the 
proposed use, the legislative body shall:
(A)
notify the applicant in writing of each reason for the classification or denial; 
and
(B)
offer the applicant an opportunity to challenge the classification or denial 
through an administrative appeal process established by the municipality.
(3)
Each municipality shall amend each land use ordinance that contains a list of approved 
or prohibited business uses to include a reference to the process for petitioning to 
approve a new or unlisted business use, as described in Subsection 
(2)
.
Section 2, Section 
17-27a-506.5
 is enacted to read:
17-27a-506.5
. Classification of new and unlisted business uses.
(1)
As used in this section:
(a)
"Classification request" means a request to determine whether a proposed business 
use aligns with an existing land use specified in a county's land use ordinances.
(b)
"New or unlisted business use" means a business activity that does not align with an 
existing land use specified in a county's land use ordinances.
(2)
(a)
Each county shall incorporate into the county's land use ordinances a process for 
reviewing and approving a new or unlisted business use and designating an 
appropriate zone or zones for an approved use.
(b)
The process described in Subsection (2)(a) shall:
(i)
detail how an applicant may submit a classification request;
(ii)
establish a procedure for the county to review a classification request, including:
(A)
providing a land use authority with criteria to determine whether a proposed 
use aligns with an existing use; and
(B)
allowing an applicant to proceed under the regulations of an existing use if a 
land use authority determines a proposed use aligns with that existing use;
(iii)
provide that if a use is determined to be a new or unlisted business use:
(A)
the applicant shall submit an application for approval of the new or unlisted 
business use to the legislative body for review;
(B)
the legislative body shall consider and determine whether to approve or deny 
the new or unlisted business use; and
(C)
the legislative body shall approve or deny the new or unlisted business use, 
within a time frame the legislative body establishes by ordinance, if the 
applicant responds to requests for additional information within a time frame 
established by the county and appears at required hearings;
(iv)
provide that if the legislative body approves a proposed new or unlisted business 
use, the legislative body shall designate an appropriate zone or zones for the 
approved use; and
(v)
provide that if the legislative body denies a proposed new or unlisted business 
use, or if an applicant disagrees with a land use authority's classification of the 
proposed use, the legislative body shall:
(A)
notify the applicant in writing of each reason for the classification or denial; 
and
(B)
offer the applicant an opportunity to challenge the classification or denial 
through an administrative appeal process established by the county.
(3)
Each county shall amend each land use ordinance that contains a list of approved or 
prohibited business uses to include a reference to the process for petitioning to approve a 
new or unlisted business use, as described in Subsection (2).
Section 3. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 1:45 PM