2006 Utah Code - 10-9a-103 — Definitions.

     10-9a-103.   Definitions.
     As used in this chapter:
     (1) "Affected entity" means a county, municipality, independent special district under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B, Chapter 2, Local Districts, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, a property owner, a property owners association, or the Utah Department of Transportation, if:
     (a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;
     (b) the entity has filed with the municipality a copy of the entity's general or long-range plan; or
     (c) the entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this chapter.
     (2) "Appeal authority" means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance.
     (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or residential property if the sign is designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located.
     (4) "Charter school" includes:
     (a) an operating charter school;
     (b) a charter school applicant that has its application approved by a chartering entity in accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
     (c) an entity who is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building.
     (5) "Chief executive officer" means the:
     (a) mayor in municipalities operating under all forms of municipal government except the council-manager form; or
     (b) city manager in municipalities operating under the council-manager form of municipal government.
     (6) "Conditional use" means a land use that, because of its unique characteristics or potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts.
     (7) "Constitutional taking" means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by the:
     (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
     (b) Utah Constitution Article I, Section 22.
     (8) "Culinary water authority" means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property.
     (9) (a) "Disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment.
     (b) "Disability" does not include current illegal use of, or addiction to, any federally

controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802.
     (10) "Elderly person" means a person who is 60 years old or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.
     (11) "General plan" means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality.
     (12) "Identical plans" means building plans submitted to a municipality that are substantially identical to building plans that were previously submitted to and reviewed and approved by the municipality and describe a building that is:
     (a) located on land zoned the same as the land on which the building described in the previously approved plans is located; and
     (b) subject to the same geological and meteorological conditions and the same law as the building described in the previously approved plans.
     (13) "Land use application" means an application required by a municipality's land use ordinance.
     (14) "Land use authority" means a person, board, commission, agency, or other body designated by the local legislative body to act upon a land use application.
     (15) "Land use ordinance" means a planning, zoning, development, or subdivision ordinance of the municipality, but does not include the general plan.
     (16) "Land use permit" means a permit issued by a land use authority.
     (17) "Legislative body" means the municipal council.
     (18) "Lot line adjustment" means the relocation of the property boundary line in a subdivision between two adjoining lots with the consent of the owners of record.
     (19) "Moderate income housing" means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the city is located.
     (20) "Nominal fee" means a fee that reasonably reimburses a municipality only for time spent and expenses incurred in:
     (a) verifying that building plans are identical plans; and
     (b) reviewing and approving those minor aspects of identical plans that differ from the previously reviewed and approved building plans.
     (21) "Noncomplying structure" means a structure that:
     (a) legally existed before its current land use designation; and
     (b) because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations, which govern the use of land.
     (22) "Nonconforming use" means a use of land that:
     (a) legally existed before its current land use designation;
     (b) has been maintained continuously since the time the land use ordinance governing the land changed; and
     (c) because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land.
     (23) "Official map" means a map drawn by municipal authorities and recorded in a county recorder's office that:
     (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities;

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     (b) provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and
     (c) has been adopted as an element of the municipality's general plan.
     (24) "Person" means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity.
     (25) "Plan for moderate income housing" means a written document adopted by a city legislative body that includes:
     (a) an estimate of the existing supply of moderate income housing located within the city;
     (b) an estimate of the need for moderate income housing in the city for the next five years as revised biennially;
     (c) a survey of total residential land use;
     (d) an evaluation of how existing land uses and zones affect opportunities for moderate income housing; and
     (e) a description of the city's program to encourage an adequate supply of moderate income housing.
     (26) "Plat" means a map or other graphical representation of lands being laid out and prepared in accordance with Section 10-9a-603, 17-23-17, or 57-8-13.
     (27) "Public hearing" means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing.
     (28) "Public meeting" means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act.
     (29) "Record of survey map" means a map of a survey of land prepared in accordance with Section 17-23-17.
     (30) "Residential facility for elderly persons" means a single-family or multiple-family dwelling unit that meets the requirements of Section 10-9a-516, but does not include a health care facility as defined by Section 26-21-2.
     (31) "Residential facility for persons with a disability" means a residence:
     (a) in which more than one person with a disability resides; and
     (b) (i) is licensed or certified by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities; or
     (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.
     (32) "Sanitary sewer authority" means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems.
     (33) "Special district" means an entity established under the authority of Title 17A, Special Districts, and any other governmental or quasi-governmental entity that is not a county, municipality, school district, or unit of the state.
     (34) "Specified public utility" means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1.
     (35) "Street" means a public right-of-way, including a highway, avenue, boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other way.
     (36) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be

divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions.
     (b) "Subdivision" includes:
     (i) the division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument; and
     (ii) except as provided in Subsection (36)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.
     (c) "Subdivision" does not include:
     (i) a bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable land use ordinance;
     (ii) a recorded agreement between owners of adjoining unsubdivided properties adjusting their mutual boundary if:
     (A) no new lot is created; and
     (B) the adjustment does not violate applicable land use ordinances;
     (iii) a recorded document, executed by the owner of record:
     (A) revising the legal description of more than one contiguous unsubdivided parcel of property into one legal description encompassing all such parcels of property; or
     (B) joining a subdivided parcel of property to another parcel of property that has not been subdivided, if the joinder does not violate applicable land use ordinances; or
     (iv) a recorded agreement between owners of adjoining subdivided properties adjusting their mutual boundary if:
     (A) no new dwelling lot or housing unit will result from the adjustment; and
     (B) the adjustment will not violate any applicable land use ordinance.
     (d) The joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a subdivision under this Subsection (36) as to the unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's subdivision ordinance.
     (37) "Unincorporated" means the area outside of the incorporated area of a city or town.
     (38) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts.

Amended by Chapter 163, 2006 General Session
Amended by Chapter 240, 2006 General Session
Amended by Chapter 289, 2006 General Session
Amended by Chapter 257, 2006 General Session
Amended by Chapter 14, 2006 General Session