(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; (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; and (C) providing the applicant an opportunity to appeal a land use authority's decision to the land use appeal authority; (iii) provide that if a use is determined to be a new or unlisted business use: (A) the applicant shall submit to the legislative body for review an application requesting that the legislative body adopt a land use ordinance that permits the new or unlisted business as a permitted or conditional use; (B) notwithstanding Subsection 17-79-503(2) or (3), the legislative body shall consider and approve or deny the application described in Subsection (2)(b)(iii)(A); and (C) the legislative body shall approve or deny the application described in Subsection (2)(b) (iii)(A), 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 the application described in Subsection (2)(b) (iii)(A), the legislative body shall designate an appropriate zone or zones for the approved use; and (v) provide that if the legislative body denies the application described in Subsection (2)(b)(iii) (A), 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) notify the applicant of the process for appealing the legislative body's decision in accordance with Section 17-79-1009. (c) A county may not require an applicant who submits an application described in Subsection (2)(b)(iii)(A) to submit the application to the planning commission for consideration, review, or approval. (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).
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