11-821

11-821. County plan; definitions

(L07, Ch. 97, sec. 5 & Ch. 236, sec. 2. Rpld. 10/1/11)

A. The commission shall formulate and the board of supervisors shall adopt or
readopt a comprehensive long-term county plan for the development of the area of
jurisdiction in the manner prescribed by this article. The planning commission shall
coordinate the production of the county plan with the creation of the conceptual state
land use plans under title 37, chapter 2, article 5.1. The county plan, with the
accompanying maps, plats, charts and descriptive matter, shall show the commission's
recommendations for the development of the area of jurisdiction together with the general
zoning regulations. The county plan shall be made with the general purpose of guiding
and accomplishing a coordinated, adjusted and harmonious development of the area of
jurisdiction. In the preparation of the county plan the commission shall make surveys
and studies of the present conditions and prospective future growth of the area of the
jurisdiction. The planning commission shall cooperate with the state land department
regarding integrating the conceptual state land use plans into the county plan. The
county plan shall include provisions that identify changes or modifications that
constitute amendments and major amendments to the plan.

B. In addition to the other matters that are required or authorized under this
section and article 1 of this chapter, the county plan:

1. Shall provide for zoning, shall show the zoning districts designated as
appropriate for various classes of residential, business and industrial uses and shall
provide for the establishment of setback lines and other plans providing for adequate
light, air and parking facilities and for expediting traffic within the districts.

2. May establish the percentage of a lot or parcel that may be covered by
buildings, and the size of yards, courts and other open spaces.

3. Shall consider access to incident solar energy.

4. May provide for retirement community zoning districts.

5. May provide for the regulation and use of business licenses, adult oriented
business manager permits and adult service provider permits in conjunction with the
establishment or operation of adult oriented businesses and facilities, including adult
arcades, adult bookstores or video stores, cabarets, adult live entertainment
establishments, adult motion picture theaters, adult theaters, massage establishments and
nude model studios. With respect to cabarets, the plan shall not conflict with specific
statutory or valid regulatory requirements applicable to persons licensed to dispense
alcoholic beverages, but the plan may include regulation of the age and conduct of erotic
entertainers in a manner at least as restrictive as rules adopted under title 4.

C. In addition to the other matters that are required or authorized under this
section and article 1 of this chapter, for counties having a population of more than one
hundred twenty-five thousand persons according to the most recent United States decennial
census, the county plan shall include, and for other counties the county plan may
include:

1. Planning for land use that designates the proposed general distribution and
location and extent of uses of the land for housing, business, industry, agriculture,
recreation, education, public buildings and grounds, open space and other categories of
public and private uses of land appropriate to the county. The land use plan shall
include:

(a) A statement of the standards of population density and building intensity
recommended for the various land use categories covered by the plan.

(b) Specific programs and policies that the county may use to promote compact form
development activity and locations where those development patterns should be encouraged.

(d) Policies that address maintaining a broad variety of land uses including the
range of uses existing in the county at the time the plan is adopted, readopted or
amended.

2. Planning for circulation consisting of the general location and extent of
existing and proposed freeways, arterial and collector streets, bicycle routes and any
other modes of transportation as may be appropriate, all correlated with the land use
plan under paragraph 1 of this subsection.

3. Planning for water resources that addresses:

(a) The known legally and physically available surface water, groundwater and
effluent supplies.

(b) The demand for water that will result from future growth projected in the
county plan, added to existing uses.

(c) An analysis of how the demand for water that will result from future growth
projected in the comprehensive plan will be served by the water supplies identified in
subdivision (a) of this paragraph or a plan to obtain additional necessary water
supplies.

4. Planning for energy use that:

(a) Encourages and provides incentives for efficient use of energy.

(b) Identifies policies and practices for greater use of renewable energy.

D. In addition to the other matters that are required or authorized under this
section and article 1 of this chapter, for counties having a population of more than two
hundred thousand persons according to the most recent United States decennial census, the
county plan shall include, and for other counties the county plan may include:

1. Planning for open space acquisition and preservation. The open space plan shall
include:

(a) A comprehensive inventory of open space areas, recreational resources and
designations of access points to open space areas and resources.

(b) An analysis of forecasted needs, policies for managing and protecting open
space areas and resources and implementation strategies to acquire additional open space
areas and further establish recreational resources.

(c) Policies and implementation strategies designed to promote a regional system of
integrated open space and recreational resources and a consideration of any existing
regional open space plan.

2. Planning for growth areas, specifically identifying those areas, if any, that
are particularly suitable for planned multimodal transportation and infrastructure
expansion and improvements designed to support a planned concentration of a variety of
uses, such as residential, office, commercial, tourism and industrial uses. The mixed
use planning shall include policies and implementation strategies that are designed to:

(a) Make automobile, transit and other multimodal circulation more efficient, make
infrastructure expansion more economical and provide for a rational pattern of land
development.

(b) Conserve significant natural resources and open areas in the growth area and
coordinate their location to similar areas outside the growth area's boundaries.

(c) Promote the public and private construction of timely and financially sound
infrastructure expansion through the use of infrastructure funding and financing planning
that is coordinated with development activity.

3. An environmental planning element that contains analyses, policies and
strategies to address anticipated effects, if any, of plan elements on air quality, water
quality and natural resources associated with proposed development under the
comprehensive plan. The policies and strategies to be developed under this element shall
be designed to have countywide applicability and shall not require the production of an
additional environmental impact statement or similar analysis beyond the requirements of
state and federal law.

4. A cost of development element that identifies policies and strategies that the
county will use to require development to pay its fair share toward the cost of
additional public facility needs generated by new development, with appropriate
exceptions when in the public interest. This element shall include:

(a) A component that identifies various mechanisms that are allowed by law and that
can be used to fund and finance additional public services necessary to serve the
development, including bonding, special taxing districts, development fees, in lieu fees
and facility construction, dedications and privatization.

(b) A component that identifies policies to ensure that any mechanisms that are
adopted by the county under this element result in a beneficial use to the development,
bear a reasonable relationship to the burden imposed on the county to provide additional
necessary public facilities to the development and otherwise are imposed according to
law.

E. The water resources element of the comprehensive plan does not require:

1. New independent hydrogeologic studies.

2. The county to be a water service provider.

F. To carry out the purposes of this article, the board may adopt overlay zoning
districts and regulations applicable to particular buildings, structures and land within
individual zones. For the purposes of this subsection, "overlay zoning district" means a
special zoning district that includes regulations that modify regulations in another
zoning district with which the overlay zoning district is combined. Overlay zoning
districts and regulations shall be adopted pursuant to section 11-829. The provisions of
overlay zoning shall apply retroactively to authorize overlay zoning districts and
regulations adopted before April 20, 1993.

G. The policies and strategies to be developed under these elements shall be
designed to have regional applicability.

H. This section does not authorize:

1. The imposition of dedications, exactions, fees or other requirements that are
not otherwise authorized by law.

2. The regulation or restriction of the use or occupation of land or improvements
for railroad, mining, metallurgical, grazing or general agricultural purposes, if the
tract concerned is five or more contiguous commercial acres.

I. For the purposes of this section:

1. "Adult arcade" means any place to which the public is permitted or invited and
in which coin-operated or slug-operated or electronically, electrically or mechanically
controlled still or motion picture machines, projectors or other image producing devices
are maintained to show images involving specific sexual activities or specific anatomical
areas to persons in booths or viewing rooms.

2. "Adult bookstore or video store" means a commercial establishment that offers
for sale or rent any of the following as one of its principal business purposes:

(a) Books, magazines, periodicals or other printed matter, photographs, films,
motion pictures, videocassettes or reproductions or slides or other visual
representations that depict or describe specific sexual activities or specific anatomical
areas.

(b) Instruments, devices or paraphernalia that are designed for use in connection
with specific sexual activities.

3. "Adult live entertainment establishment" means an establishment that features
either:

(a) Persons who appear in a state of nudity.

(b) Live performances that are characterized by the exposure of specific anatomical
areas or specific sexual activities.

4. "Adult motion picture theater" means a commercial establishment in which for any
form of consideration films, motion pictures, videocassettes, slides or other similar
photographic reproductions that are characterized by the depiction or description of
specific sexual activities or specific anatomical areas are predominantly shown.

5. "Adult oriented business" means adult arcades, adult bookstores or video stores,
cabarets, adult live entertainment establishments, adult motion picture theaters, adult
theaters, massage establishments that offer adult service or nude model studios.

6. "Adult oriented business manager" means a person on the premises of an adult
oriented business who is authorized to exercise overall operational control of the
business.

7. "Adult service" means dancing, serving food or beverages, modeling, posing,
wrestling, singing, reading, talking, listening or other performances or activities
conducted for any consideration in an adult oriented business by a person who is nude or
seminude during all or part of the time that the person is providing the service.

8. "Adult service provider" or "erotic entertainer" means any natural person who
provides an adult service.

9. "Adult theater" means a theater, concert hall, auditorium or similar commercial
establishment that predominantly features persons who appear in a state of nudity or who
engage in live performances that are characterized by the exposure of specific anatomical
areas or specific sexual activities.

10. "Cabaret" means an adult oriented business licensed to provide alcoholic
beverages pursuant to title 4, chapter 2, article 1.

11. "Discernibly turgid state" means the state of being visibly swollen, bloated,
inflated or distended.

12. "Massage establishment" means an establishment in which a person, firm,
association or corporation engages in or permits massage activities, including any method
of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding,
vibrating or stimulating of external soft parts of the body with the hands or with the
aid of any mechanical apparatus or electrical apparatus or appliance. This paragraph
does not apply to:

(a) Physicians who are licensed pursuant to title 32, chapter 7, 8, 13, 14 or 17.

(b) Registered nurses, licensed practical nurses or technicians who are acting
under the supervision of a physician who is licensed pursuant to title 32, chapter 13 or
17.

(d) Persons who are employed or acting as trainers for a bona fide amateur,
semiprofessional or professional athlete or athletic team.

(e) Persons who are licensed pursuant to title 32, chapter 3 or 5 if the activity
is limited to the head, face or neck.

13. "Nude model studio" means a place in which a person who appears in a state of
nudity or who displays specific anatomical areas is observed, sketched, drawn, painted,
sculptured, photographed or otherwise depicted by other persons who pay money or other
consideration. Nude model studio does not include a proprietary school that is licensed
by this state, a college, community college or university that is supported entirely or
in part by taxation, a private college or university that maintains and operates
educational programs in which credits are transferable to a college, community college or
university that is supported entirely or in part by taxation or a structure to which the
following apply:

(a) A sign is not visible from the exterior of the structure and no other
advertising appears indicating that a nude person is available for viewing.

(b) A student must enroll at least three days in advance of a class in order to
participate.

14. "Nude", "nudity" or "state of nudity" means any of the following:

(a) The appearance of a human anus, genitals or a female breast below a point
immediately above the top of the areola.

(b) A state of dress that fails to opaquely cover a human anus, genitals or a
female breast below a point immediately above the top of the areola.

15. "Principal business purposes" means that a commercial establishment derives
fifty per cent or more of its gross income from the sale or rental of items listed in
paragraph 2 of this subsection.

16. "Seminude" means a state of dress in which clothing covers no more than the
genitals, pubic region and female breast below a point immediately above the top of the
areola, as well as portions of the body that are covered by supporting straps or devices.

17. "Specific anatomical areas" means any of the following:

(a) A human anus, genitals, the pubic region or a female breast below a point
immediately above the top of the areola that is less than completely and opaquely
covered.

(b) Male genitals in a discernibly turgid state even if completely and opaquely
covered.

18. "Specific sexual activities" means any of the following:

(a) Human genitals in a state of sexual stimulation or arousal.

(b) Sex acts, normal or perverted, actual or simulated, including acts of human
masturbation, sexual intercourse, oral copulation or sodomy.

(d) Excretory functions as part of or in connection with any of the activities
under subdivision (a), (b) or (c) of this paragraph.