First Substitute S.B. 44

Senator Peter C. Knudson proposes to substitute the following bill:

1 SUBDIVISION AND LAND USE AMENDMENTS
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Peter C. Knudson
5 AN ACT RELATING TO COUNTIES; DEFINING TERMS; MODIFYING THE DEFINITION
6 OF SUBDIVISION TO EXCLUDE CERTAIN GAS COMPANY FACILITIES; AND MAKING
7 TECHNICAL CHANGES.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 17-27-103, as last amended by Chapter 89, Laws of Utah 1998
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 17-27-103 is amended to read:
13 17-27-103. Definitions -- Notice.
14 (1) As used in this chapter:
15 (a) "Billboard" means a freestanding ground sign located on industrial, commercial, or
16 residential property if the sign is designed or intended to direct attention to a business, product, or
17 service that is not sold, offered, or existing on the property where the sign is located.
18 (b) "Chief executive officer" means the county executive, or if the county has adopted an
19 alternative form of government, the official who exercises the executive powers.
20 (c) "Conditional use" means a land use that, because of its unique characteristics or
21 potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
22 compatible in some areas or may be compatible only if certain conditions are required that mitigate
23 or eliminate the detrimental impacts.
24 (d) "County" means the unincorporated area of the county.
25 (e) "Elderly person" means a person who is 60 years old or older, who desires or needs to

26 live with other elderly persons in a group setting, but who is capable of living independently.
27 (f) "Gas corporation" has the same meaning as defined in Section 54-2-1 .
28 [(f)] (g) (i) "General plan" means a document that a county adopts that sets forth general
29 guidelines for proposed future development of the land within the county, as set forth in Sections
30 17-27-301 and 17-27-302 .
31 (ii) "General plan" includes what is also commonly referred to as a "master plan."
32 (h) "Interstate pipeline company" means a person or entity engaged in natural gas
33 transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under the
34 Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
35 (i) "Intrastate pipeline company" means a person or entity engaged in natural gas
36 transportation that is not subject to the jurisdiction of the Federal Energy Regulatory Commission
37 under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
38 [(g)] (j) "Legislative body" means the county legislative body, or for a county that has
39 adopted an alternative form of government, the body exercising legislative powers.
40 [(h)] (k) "Lot line adjustment" means the relocation of the property boundary line between
41 two adjoining lots with the consent of the owners of record.
42 [(i)] (l) "Municipality" means a city or town.
43 [(j)] (m) "Nonconforming structure" means a structure that:
44 (i) legally existed before its current zoning designation; and
45 (ii) because of subsequent zoning changes, does not conform with the zoning regulation's
46 setback, height restrictions, or other regulations that govern the structure.
47 [(k)] (n) "Nonconforming use" means a use of land that:
48 (i) legally existed before its current zoning designation;
49 (ii) has been maintained continuously since the time the zoning regulation governing the
50 land changed; and
51 (iii) because of subsequent zoning changes, does not conform with the zoning regulations
52 that now govern the land.
53 [(l)] (o) "Official map" means a map of proposed streets that has the legal effect of
54 prohibiting development of the property until the county develops the proposed street.
55 [(m)] (p) (i) "Residential facility for elderly persons" means a single-family or
56 multiple-family dwelling unit that meets the requirements of Part 5 and any ordinance adopted

57 under authority of that part.
58 (ii) "Residential facility for elderly persons" does not include a health care facility as
59 defined by Section 26-21-2 .
60 [(n)] (q) "Special district" means all entities established under the authority of Title 17A,
61 Special Districts, and any other governmental or quasi-governmental entity that is not a county,
62 municipality, school district, or unit of the state.
63 [(o)] (r) "Street" means public rights-of-way, including highways, avenues, boulevards,
64 parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
65 other ways.
66 [(p)] (s) (i) "Subdivision" means any land that is divided, resubdivided or proposed to be
67 divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose,
68 whether immediate or future, for offer, sale, lease, or development either on the installment plan
69 or upon any and all other plans, terms, and conditions.
70 (ii) "Subdivision" includes the division or development of land whether by deed, metes
71 and bounds description, devise and testacy, lease, map, plat, or other recorded instrument.
72 (iii) "Subdivision" does not include:
73 (A) a bona fide division or partition of agricultural land for agricultural purposes;
74 (B) a recorded agreement between owners of adjoining properties adjusting their mutual
75 boundary if:
76 (I) no new lot is created; and
77 (II) the adjustment does not result in a violation of applicable zoning ordinances; [or]
78 (C) a recorded document, executed by the owner of record, revising the legal description
79 of more than one contiguous parcel of property into one legal description encompassing all such
80 parcels of property[.]; or
81 (D) a bona fide division or partition of land in a county other than a first class county for
82 the purpose of siting, on one or more of the resulting separate parcels, an unmanned facility
83 appurtenant to a pipeline owned or operated by a gas corporation, interstate pipeline company, or
84 intrastate pipeline company.
85 (iv) The joining of a subdivided parcel of property to another parcel of property that has
86 not been subdivided does not constitute a "subdivision" under this Subsection (1)[(p)] (s) as to the
87 unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision

88 ordinance.
89 [(q)] (t) "Unincorporated" means the area outside of the incorporated boundaries of cities
90 and towns.
91 (2) (a) A county meets the requirements of reasonable notice required by this chapter if
92 it:
93 (i) posts notice of the hearing or meeting in at least three public places within the
94 jurisdiction and publishes notice of the hearing or meeting in a newspaper of general circulation
95 in the jurisdiction, if one is available; or
96 (ii) gives actual notice of the hearing or meeting.
97 (b) A county legislative body may enact an ordinance establishing stricter notice
98 requirements than those required by this Subsection (2).
99 (c) (i) Proof that one of the two forms of notice authorized by this subsection was given
100 is prima facie evidence that notice was properly given.
101 (ii) If notice given under authority of this section is not challenged as provided in Section
102 17-27-1001 within 30 days from the date of the meeting for which the notice was given, the notice
103 is considered adequate and proper.