02-18 09:07 S.B. 179
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Local Regulation of Business Entities Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Calvin R. Musselman
House Sponsor: Thomas W. Peterson
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LONG TITLE
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General Description:
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This bill enacts provisions related to local classification and approval of new and unlisted
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business uses.
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Highlighted Provisions:
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This bill:
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▸ defines terms; and
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▸ requires each municipality and county to enact a land use regulation establishing a
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process for reviewing a business use not listed as an approved use in existing ordinances.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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10-9a-507.5, Utah Code Annotated 1953
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17-27a-506.5, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 10-9a-507.5 is enacted to read:
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10-9a-507.5 . Classification of new and unlisted business uses.
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(1) As used in this section:
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(a) "Classification request" means a request to determine whether a proposed business
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use aligns with an existing land use specified in a municipality's land use ordinances.
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(b) "New or unlisted business use" means a business activity that does not align with an
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existing land use specified in a municipality's land use ordinances.
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(2)(a) Each municipality shall incorporate into the municipality's land use ordinances a
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process for reviewing and approving a new or unlisted business use and designating
S.B. 179 S.B. 179 02-18 09:07
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an appropriate zone or zones for an approved use.
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(b) The process described in Subsection (2)(a) shall:
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(i) detail how an applicant may submit a classification request;
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(ii) establish a procedure for the municipality to review a classification request,
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including:
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(A) providing a land use authority with criteria to determine whether a proposed
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use aligns with an existing use; and
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(B) allowing an applicant to proceed under the regulations of an existing use if a
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land use authority determines a proposed use aligns with that existing use;
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(iii) provide that if a use is determined to be a new or unlisted business use:
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(A) the applicant shall submit an application for approval of the new or unlisted
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business use to the legislative body for review;
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(B) the legislative body shall consider and determine whether to approve or deny
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the new or unlisted business use; and
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(C) Ŝ→ [the legislative body shall issue an approval or denial of the new or
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unlisted ] ←Ŝ
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Ŝ→ [business use within 60 days after the day on which the applicant
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submits an ] ←Ŝ
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Ŝ→ [application for approval if the applicant responds promptly to requests
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for ] ←Ŝ
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Ŝ→ [additional information and appears at required hearings;]
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the legislative body shall approve or deny the new or unlisted business use,
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within a time frame the legislative body establishes by ordinance, if the
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applicant responds to requests for additional information within a time frame
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established by the municipality and appears at required hearings; ←Ŝ
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(iv) provide that if the legislative body approves a proposed new or unlisted business
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use, the legislative body shall designate an appropriate zone or zones for the
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approved use; and
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(v) provide that if the legislative body denies a proposed new or unlisted business
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use, or if an applicant disagrees with the land use authority's classification of the
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proposed use, the legislative body shall:
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(A) notify the applicant in writing of each reason for the classification or denial;
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and
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(B) offer the applicant an opportunity to challenge the classification or denial
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through an administrative appeal process established by the municipality.
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(3) Each municipality shall amend each land use ordinance that contains a list of approved
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or prohibited business uses to include a reference to the process for petitioning to
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approve a new or unlisted business use, as described in Subsection (2).
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Section 2. Section 17-27a-506.5 is enacted to read:
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17-27a-506.5 . Classification of new and unlisted business uses.
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(1) As used in this section:
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(a) "Classification request" means a request to determine whether a proposed business
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use aligns with an existing land use specified in a county's land use ordinances.
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(b) "New or unlisted business use" means a business activity that does not align with an
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existing land use specified in a county's land use ordinances.
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(2)(a) Each county shall incorporate into the county's land use ordinances a process for
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reviewing and approving a new or unlisted business use and designating an
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appropriate zone or zones for an approved use.
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(b) The process described in Subsection (2)(a) shall:
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(i) detail how an applicant may submit a classification request;
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(ii) establish a procedure for the county to review a classification request, including:
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(A) providing a land use authority with criteria to determine whether a proposed
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use aligns with an existing use; and
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(B) allowing an applicant to proceed under the regulations of an existing use if a
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land use authority determines a proposed use aligns with that existing use;
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(iii) provide that if a use is determined to be a new or unlisted business use:
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(A) the applicant shall submit an application for approval of the new or unlisted
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business use to the legislative body for review;
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(B) the legislative body shall consider and determine whether to approve or deny
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the new or unlisted business use; and
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(C) Ŝ→ [the legislative body shall issue an approval or denial of the new or
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unlisted ] ←Ŝ
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Ŝ→ [business use within 60 days after the day on which the applicant
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submits an ] ←Ŝ
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Ŝ→ [application for approval if the applicant responds promptly to requests
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for ] ←Ŝ
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Ŝ→ [additional information and appears at required hearings;]
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the legislative body shall approve or deny the new or unlisted business use,
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within a time frame the legislative body establishes by ordinance, if the
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applicant responds to requests for additional information within a time frame
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established by the county and appears at required hearings; ←Ŝ
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(iv) provide that if the legislative body approves a proposed new or unlisted business
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use, the legislative body shall designate an appropriate zone or zones for the
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approved use; and
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(v) provide that if the legislative body denies a proposed new or unlisted business
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use, or if an applicant disagrees with a land use authority's classification of the
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proposed use, the legislative body shall:
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(A) notify the applicant in writing of each reason for the classification or denial;
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and
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(B) offer the applicant an opportunity to challenge the classification or denial
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through an administrative appeal process established by the county.
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(3) Each county shall amend each land use ordinance that contains a list of approved or
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prohibited business uses to include a reference to the process for petitioning to approve a
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new or unlisted business use, as described in Subsection (2).
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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