GREAT VIEW • This
new house is being built in the Sun Ridge
Subdivision and has a great view of "Freeway Signs"
from the rear window. Nephi City is adopting a new
ordinance that will restrict such signs in the
future, however this one will stay because it was
allowed under the old ordinance. Anyone for a high
fence and trees?
By Myrna Trauntvein
Times-News Correspondent
New billboards will not be allowed in Nephi until a
moratorium imposed by the city council is over.
However, under the new LUDMA (State of Utah Land Use,
Development, and Management Act) rulings, a moratorium is no
longer called that in land use issues.
The Nephi City Planning Commission suggested to the
city council that a moratorium on billboards as allowed uses
in city zoning districts be imposed.
"The members of the planning commission recommends the
city take a time-out," said Randy McKnight, city
administrator.
Nephi City Council adopted a temporary land use
regulation, the new term for a moratorium, at their meeting
on Tuesday.
"The city has the authority to adopt temporary land
use regulations," said McKnight.
He said the planning commission recommended the
time-out to give the council and the planning commission the
needed time to study and implement all of the changes made
to land use authority by the legislature in the past two
years.
In addition, the temporary land use regulation gives
the council and the planning commission time to study the
question of whether or not billboards should be allowed uses
in all of the zones where they are currently allowed.
At the planning commission meeting, said McKnight,
members of the planning commission considered the question
referred to them about billboards.
"This temporary land use regulation ordinance,
prepared by Attorney Denton Hatch, must be completed in six
months," said McKnight.
"The changes must be adopted or it will lapse in six
months," he said.
Under LUDMA, the term "zoning ordinance" is no longer
used but the term, "zoning map" is used.
A public hearing to adopt or amend the city ordinance
or map is required by LUDMA to be held by the planning
commission but not by the governing body (the city council).
Any amendment to the city ordinance or map must first
receive planning commission recommendation.
The governing body may adopt a temporary land use
regulation without receiving prior recommendation from the
planning commission.
A 180 day limit on "pending" ordinances was
established by the state legislature and is coordinated with
same limitation on "temporary zoning regulations."
The Land Use Ordinances of LUDMA created two new
sections for billboards.
The legislature added, under SB114, that only an owner
may replace or rebuild a nonconforming billboard. A
non-conforming billboard is one that existed prior to any
new regulations being adopted by the city council.
"We will have to provide a 'sign section' in our land
use regulations," said McKnight.
The ordinance adopting the temporary land use
regulations reads that: "Whereas, Nephi City Council finds
countervailing, compelling public interest in establishing a
temporary land use ordinance; it is hereby ordained that the
attached ordinance be adopted and, to protect the welfare of
the city, shall become effective immediately."
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