Political subdivisions required to conform to municipality's land use ordinances -- Exceptions.
Each county, municipality, school district, charter school, special district, special service district, and political subdivision of the state shall conform to any applicable land use ordinance of any municipality when installing, constructing, operating, or otherwise using any area, land, or building situated within that municipality. In addition to any other remedies provided by law, when a municipality's land use ordinance is violated or about to be violated by another political subdivision, that municipality may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove the improper installation, improvement, or use. Except as provided in Subsection (3) , a school district or charter school is subject to a municipality's land use ordinances. Notwithstanding Subsection (3) , a municipality may: subject a charter school to standards within each zone pertaining to setback, height, bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction staging; and impose regulations upon the location of a project that are necessary to avoid unreasonable risks to health or safety, as provided in Subsection (3)(f) . The standards to which a municipality may subject a charter school under Subsection (2)(b)(i) shall be objective standards only and may not be subjective. Except as provided in Subsection (7)(d) , the only basis upon which a municipality may deny or withhold approval of a charter school's land use application is the charter school's failure to comply with a standard imposed under Subsection (2)(b)(i) . Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of an obligation to comply with a requirement of an applicable building or safety code to which it is otherwise obligated to comply. A municipality may not: impose requirements for landscaping, fencing, aesthetic considerations, construction methods or materials, additional building inspections, municipal building codes, building use for educational purposes, or the placement or use of temporary classroom facilities on school property; except as otherwise provided in this section, require a school district or charter school to participate in the cost of any roadway or sidewalk, or a study on the impact of a school on a roadway or sidewalk, that is not reasonably necessary for the safety of school children and not located on or contiguous to school property, unless the roadway or sidewalk is required to connect an otherwise isolated school site to an existing roadway; require a district or charter school to pay fees not authorized by this section; provide for inspection of school construction or assess a fee or other charges for inspection; require a school district or charter school to pay any impact fee for an improvement project unless the impact fee is imposed as provided in Title 11, Chapter 36a , Impact Fees Act; impose regulations upon the location of an educational facility except as necessary to avoid unreasonable risks to health or safety; or for a land use or a structure owned or operated by a school district or charter school that is not an educational facility but is used in support of providing instruction to pupils, impose a regulation that: is not imposed on a similar land use or structure in the zone in which the land use or structure is approved; or uses the tax exempt status of the school district or charter school as criteria for prohibiting or regulating the land use or location of the structure. Subject to Section 53E-3-703 and in accordance with standards the Division of Facilities Construction and Management establishes in rule, a school district or charter school shall coordinate the siting of a new school with the municipality in which the school is to be located, to: avoid or mitigate existing and potential traffic hazards, including consideration of the impacts between the new school and future highways; and maximize school, student, and site safety. Notwithstanding Subsection (3)(d) , a municipality may, at the municipality's discretion: request a walk-through of school construction at no cost and at a time convenient to the school district or charter school; and provide recommendations based upon the walk-through to: the school district or charter school; and the Division of Facilities Construction and Management. The Division of Facilities Construction and Management has the sole authority to approve inspectors for school construction projects under Title 63A, Chapter 5b, Part 12, Public School Construction Oversight. A school district may only use inspectors approved by the Division of Facilities Construction and Management as follows: a Division of Facilities Construction and Management inspector; a municipal building inspector who is on the division's approved roster under Section 63A-5b-1220 ; or a certified building inspector, which may include a qualified school district inspector, who meets all of the following requirements: is on the Division of Facilities Construction and Management's approved roster under Section 63A-5b-1220 ; is not an employee of the contractor; is licensed to perform the inspection requested; and maintains current certifications as required by Division of Facilities Construction and Management's rule. A charter school, home-based microschool, or micro-education entity shall be considered a permitted use in all zoning districts within a municipality. Each land use application for any approval required for a charter school, home-based microschool, or micro-education entity, including an application for a building permit, shall be processed on a first priority basis. Parking requirements for a charter school or a micro-education entity may not exceed the minimum parking requirements for schools or other institutional public uses throughout the municipality. If a municipality has designated zones for a sexually oriented business, or a business which sells alcohol, a charter school or a micro-education entity may be prohibited from a location which would otherwise defeat the purpose for the zone unless the charter school or micro-education entity provides a waiver. A certificate authorizing permanent occupancy issued by the Division of Facilities Construction and Management under Section 63A-5b-1208 shall be the exclusive certificate required, and the municipality shall accept the Division of Facilities Construction and Management's certificate as satisfying all local occupancy requirements. A micro-education entity is not subject to the requirements of Title 63A, Chapter 5b, Part 12, Public School Construction Oversight, and shall comply with local building codes and permitting requirements through municipal or county building officials. A micro-education entity may operate in a facility only if the micro-education entity complies with all applicable ordinances of the political subdivision, which may include provisions described in Subsection (10) or other relevant provisions, and the facility: meets Group E Occupancy requirements as defined by the International Building Code, as incorporated by Section 15A-2-103 ; or is subject to and complies with the same occupancy requirements as a Class A-1, A-3, B, or M Occupancy as defined by the International Building Code, as incorporated by Section 15A-2-103 , if: the facility has a code compliant fire alarm system and carbon monoxide detection system; each classroom in the facility has an exit directly to the outside at the level of exit or discharge, orthe structure has a code compliant fire sprinkler system; and the facility has an automatic fire sprinkler system in fire areas of the facility that are greater than 12,000 square feet. The number of students that a micro-education entity may have in a facility described in Subsection (7)(f) is: determined by the facility's occupancy classification and occupant capacity under the state construction codes, as incorporated by Section 15A-2-103 ; and subject to applicable zoning and land use regulations. Notwithstanding the facility's occupant capacity, a micro-education entity may not have more than 100 students. A person may alter or convert the use of a structure located within any zone into a facility described in Subsection (7)(f) for operation by a micro-education entity if the facility: complies with the state construction codes, as incorporated by Section 15A-2-103 , including any permit, plan review, or inspection required for a change in occupancy classification; and complies with any applicable ordinances of the political subdivision, which may include provisions described in Subsection (10) or other relevant provisions. A home-based microschool is not subject to additional occupancy requirements beyond occupancy requirements that apply to a primary dwelling. If a floor that is below grade in a home-based microschool is used for home-based microschool purposes, the below grade floor of the home-based microschool shall have at least one emergency escape or rescue window that complies with the requirements for emergency escape and rescue windows as defined by the International Residential Code, as incorporated by Section 15A-2-103 . A specified public agency intending to develop its land shall submit to the land use authority a development plan and schedule: as early as practicable in the development process, but no later than the commencement of construction; and with sufficient detail to enable the land use authority to assess: the specified public agency's compliance with applicable land use ordinances; the demand for public facilities listed in Subsections 11-36a-102 (17)(a) , (b), (c), (d), (e), and (g) caused by the development; the amount of any applicable fee described in Sections 10-20-904 and 10-20-910 ; any credit against an impact fee; and the potential for waiving an impact fee. The land use authority shall respond to a specified public agency's submission under Subsection (8)(a) with reasonable promptness in order to allow the specified public agency to consider information the municipality provides under Subsection (8)(a)(ii) in the process of preparing the budget for the development. Nothing in this section may be construed to: modify or supersede Section 10-20-305 ; or authorize a municipality to enforce an ordinance in a way, or enact an ordinance, that fails to comply with Title 57, Chapter 21, Utah Fair Housing Act , the federal Fair Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102, or any other provision of federal law. Nothing in Subsection (7) prevents a political subdivision from: requiring a home-based microschool or micro-education entity to comply with municipal zoning and land use regulations that do not conflict with this section, including: parking; traffic, including types or sizes of streets on which a microschool or micro-education entity may be located based on the projected number of students or impact and circulation requirements; noise ordinances; graduated square footage requirements for lot sizes based on the projected number of students; and hours of operation; requiring a home-based microschool or micro-education entity to obtain a business license; enacting municipal ordinances and regulations consistent with this section; subjecting a micro-education entity to standards within each zone pertaining to setback, height, bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction staging; and imposing regulations on the location of a project that are necessary to avoid risks to health or safety. Nothing in Subsection (7) or this Subsection (10) requires a political subdivision to enact an ordinance. A political subdivision may: include in an ordinance one or more of the provisions described in Subsection (10)(a) ; and include other relevant provisions not described in Subsection (10)(a) in an ordinance. Section 63A-5b-1218 governs the requirements for permitting and inspection of public school buildings. A municipality may not enact any ordinance, policy, or regulation relating to the permitting or inspection of public school buildings. Nothing in this section shall prohibit the required regulation or subsequent inspection by a local health department.
