10-9a-103 - Definitions.

UTAH STATUTES AND CODES

10-9a-103 - Definitions.

10-9a-103. Definitions.
As used in this chapter:
(1) "Affected entity" means a county, municipality, local district, special service districtunder Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperationentity 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 significantmodification because of an intended use of land;
(b) the entity has filed with the municipality a copy of the entity's general or long-rangeplan; or
(c) the entity has filed with the municipality a request for notice during the same calendaryear and before the municipality provides notice to an affected entity in compliance with arequirement imposed under this chapter.
(2) "Appeal authority" means the person, board, commission, agency, or other bodydesignated 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, orresidential 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 inaccordance 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 applicantto develop or construct a charter school building.
(5) "Conditional use" means a land use that, because of its unique characteristics orpotential impact on the municipality, surrounding neighbors, or adjacent land uses, may not becompatible in some areas or may be compatible only if certain conditions are required thatmitigate or eliminate the detrimental impacts.
(6) "Constitutional taking" means a governmental action that results in a taking of privateproperty 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.
(7) "Culinary water authority" means the department, agency, or public entity withresponsibility to review and approve the feasibility of the culinary water system and sources forthe subject property.
(8) "Development activity" means:
(a) any construction or expansion of a building, structure, or use that creates additionaldemand and need for public facilities;
(b) any change in use of a building or structure that creates additional demand and needfor public facilities; or
(c) any change in the use of land that creates additional demand and need for publicfacilities.
(9) (a) "Disability" means a physical or mental impairment that substantially limits oneor more of a person's major life activities, including a person having a record of such animpairment or being regarded as having such an impairment.

(b) "Disability" does not include current illegal use of, or addiction to, any federallycontrolled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802.
(10) "Educational facility":
(a) means:
(i) a school district's building at which pupils assemble to receive instruction in aprogram for any combination of grades from preschool through grade 12, including kindergartenand a program for children with disabilities;
(ii) a structure or facility:
(A) located on the same property as a building described in Subsection (10)(a)(i); and
(B) used in support of the use of that building; and
(iii) a building to provide office and related space to a school district's administrativepersonnel; and
(b) does not include land or a structure, including land or a structure for inventorystorage, equipment storage, food processing or preparing, vehicle storage or maintenance, orsimilar use that is:
(i) not located on the same property as a building described in Subsection (10)(a)(i); and
(ii) used in support of the purposes of a building described in Subsection (10)(a)(i).
(11) "Elderly person" means a person who is 60 years old or older, who desires or needsto live with other elderly persons in a group setting, but who is capable of living independently.
(12) "Fire authority" means the department, agency, or public entity with responsibility toreview and approve the feasibility of fire protection and suppression services for the subjectproperty.
(13) "Flood plain" means land that:
(a) is within the 100-year flood plain designated by the Federal Emergency ManagementAgency; or
(b) has not been studied or designated by the Federal Emergency Management Agencybut presents a likelihood of experiencing chronic flooding or a catastrophic flood event becausethe land has characteristics that are similar to those of a 100-year flood plain designated by theFederal Emergency Management Agency.
(14) "General plan" means a document that a municipality adopts that sets forth generalguidelines for proposed future development of the land within the municipality.
(15) "Geologic hazard" means:
(a) a surface fault rupture;
(b) shallow groundwater;
(c) liquefaction;
(d) a landslide;
(e) a debris flow;
(f) unstable soil;
(g) a rock fall; or
(h) any other geologic condition that presents a risk:
(i) to life;
(ii) of substantial loss of real property; or
(iii) of substantial damage to real property.
(16) "Hookup fee" means a fee for the installation and inspection of any pipe, line, meter,or appurtenance that connects to a municipal water, sewer, storm water, power, or other utility

system.
(17) "Identical plans" means building plans submitted to a municipality that aresubstantially identical to building plans that were previously submitted to and reviewed andapproved 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 thepreviously approved plans is located; and
(b) subject to the same geological and meteorological conditions and the same law as thebuilding described in the previously approved plans.
(18) "Impact fee" means a payment of money imposed under Title 11, Chapter 36,Impact Fees Act.
(19) "Improvement assurance" means a surety bond, letter of credit, cash, or othersecurity:
(a) to guaranty the proper completion of an improvement;
(b) that is required as a condition precedent to:
(i) recording a subdivision plat; or
(ii) beginning development activity; and
(c) that is offered to a land use authority to induce the land use authority, before actualconstruction of required improvements, to:
(i) consent to the recording of a subdivision plat; or
(ii) issue a permit for development activity.
(20) "Improvement assurance warranty" means a promise that the materials andworkmanship of improvements:
(a) comport with standards that the municipality has officially adopted; and
(b) will not fail in any material respect within a warranty period.
(21) "Internal lot restriction" means a platted note, platted demarcation, or platteddesignation that:
(a) runs with the land; and
(b) (i) creates a restriction that is enclosed within the perimeter of a lot described on theplat; or
(ii) designates a development condition that is enclosed within the perimeter of a lotdescribed on the plat.
(22) "Land use application" means an application required by a municipality's land useordinance.
(23) "Land use authority" means a person, board, commission, agency, or other bodydesignated by the local legislative body to act upon a land use application.
(24) "Land use ordinance" means a planning, zoning, development, or subdivisionordinance of the municipality, but does not include the general plan.
(25) "Land use permit" means a permit issued by a land use authority.
(26) "Legislative body" means the municipal council.
(27) "Local district" means an entity under Title 17B, Limited Purpose LocalGovernment Entities - Local Districts, and any other governmental or quasi-governmental entitythat is not a county, municipality, school district, or the state.
(28) "Lot line adjustment" means the relocation of the property boundary line in asubdivision between two adjoining lots with the consent of the owners of record.
(29) "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 incomefor households of the same size in the county in which the city is located.
(30) "Nominal fee" means a fee that reasonably reimburses a municipality only for timespent 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 thepreviously reviewed and approved building plans.
(31) "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 tothe setback, height restrictions, or other regulations, excluding those regulations, which governthe use of land.
(32) "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 theland changed; and
(c) because of one or more subsequent land use ordinance changes, does not conform tothe regulations that now govern the use of the land.
(33) "Official map" means a map drawn by municipal authorities and recorded in acounty recorder's office that:
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks forhighways and other transportation facilities;
(b) provides a basis for restricting development in designated rights-of-way or betweendesignated setbacks to allow the government authorities time to purchase or otherwise reserve theland; and
(c) has been adopted as an element of the municipality's general plan.
(34) "Person" means an individual, corporation, partnership, organization, association,trust, governmental agency, or any other legal entity.
(35) "Plan for moderate income housing" means a written document adopted by a citylegislative body that includes:
(a) an estimate of the existing supply of moderate income housing located within thecity;
(b) an estimate of the need for moderate income housing in the city for the next fiveyears as revised biennially;
(c) a survey of total residential land use;
(d) an evaluation of how existing land uses and zones affect opportunities for moderateincome housing; and
(e) a description of the city's program to encourage an adequate supply of moderateincome housing.
(36) "Plat" means a map or other graphical representation of lands being laid out andprepared in accordance with Section 10-9a-603, 17-23-17, or 57-8-13.
(37) "Potential geologic hazard area" means an area that:
(a) is designated by a Utah Geological Survey map, county geologist map, or otherrelevant map or report as needing further study to determine the area's potential for geologichazard; or

(b) has not been studied by the Utah Geological Survey or a county geologist but presentsthe potential of geologic hazard because the area has characteristics similar to those of adesignated geologic hazard area.
(38) "Public agency" means:
(a) the federal government;
(b) the state;
(c) a county, municipality, school district, local district, special service district, or otherpolitical subdivision of the state; or
(d) a charter school.
(39) "Public hearing" means a hearing at which members of the public are provided areasonable opportunity to comment on the subject of the hearing.
(40) "Public meeting" means a meeting that is required to be open to the public underTitle 52, Chapter 4, Open and Public Meetings Act.
(41) "Record of survey map" means a map of a survey of land prepared in accordancewith Section 17-23-17.
(42) "Receiving zone" means an area of a municipality that the municipality's land useauthority designates as an area in which an owner of land may receive transferrable developmentrights.
(43) "Residential facility for elderly persons" means a single-family or multiple-familydwelling unit that meets the requirements of Section 10-9a-516, but does not include a healthcare facility as defined by Section 26-21-2.
(44) "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.
(45) "Sanitary sewer authority" means the department, agency, or public entity withresponsibility to review and approve the feasibility of sanitary sewer services or onsitewastewater systems.
(46) "Sending zone" means an area of a municipality that the municipality's land useauthority designates as an area from which an owner of land may transfer transferrabledevelopment rights to an owner of land in a receiving zone.
(47) "Specified public agency" means:
(a) the state;
(b) a school district; or
(c) a charter school.
(48) "Specified public utility" means an electrical corporation, gas corporation, ortelephone corporation, as those terms are defined in Section 54-2-1.
(49) "State" includes any department, division, or agency of the state.
(50) "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.
(51) (a) "Subdivision" means any land that is divided, resubdivided or proposed to bedivided 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 (51)(c), divisions of land for residential andnonresidential uses, including land used or to be used for commercial, agricultural, and industrialpurposes.
(c) "Subdivision" does not include:
(i) a bona fide division or partition of agricultural land for the purpose of joining one ofthe resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neitherthe resulting combined parcel nor the parcel remaining from the division or partition violates anapplicable land use ordinance;
(ii) a recorded agreement between owners of adjoining unsubdivided properties adjustingtheir 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 ofproperty 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 beensubdivided, if the joinder does not violate applicable land use ordinances;
(iv) a recorded agreement between owners of adjoining subdivided properties adjustingtheir 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; or
(v) a bona fide division or partition of land by deed or other instrument where the landuse authority expressly approves in writing the division in anticipation of further land useapprovals on the parcel or parcels.
(d) The joining of a subdivided parcel of property to another parcel of property that hasnot been subdivided does not constitute a subdivision under this Subsection (51) as to theunsubdivided parcel of property or subject the unsubdivided parcel to the municipality'ssubdivision ordinance.
(52) "Transferrable development right" means the entitlement to develop land within asending zone that would vest according to the municipality's existing land use ordinances on thedate that a completed land use application is filed seeking the approval of development activityon the land.
(53) "Unincorporated" means the area outside of the incorporated area of a city or town.
(54) "Water interest" means any right to the beneficial use of water, including:
(a) each of the rights listed in Section 73-1-11; and
(b) an ownership interest in the right to the beneficial use of water represented by:
(i) a contract; or
(ii) a share in a water company, as defined in Section 73-3-3.5.
(55) "Zoning map" means a map, adopted as part of a land use ordinance, that depictsland use zones, overlays, or districts.