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H.B. 248 Enrolled

    

PLANNING AND ZONING - SUBDIVISION PLATS

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Carl R. Saunders

    David L. Gladwell
    Thomas Hatch
    Dennis H. Iverson
Ron Bigelow
Peter C. Knudson
Gerry A. Adair
Wayne A. Harper


    AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; MODIFYING THE
    DEFINITION OF SUBDIVISION; MODIFYING PLAT REQUIREMENTS; AND
    MAKING TECHNICAL CORRECTIONS.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         10-9-103, as last amended by Chapter 179, Laws of Utah 1995
         10-9-804, as last amended by Chapters 180 and 181, Laws of Utah 1995
         17-27-103, as last amended by Chapter 179, Laws of Utah 1995
         17-27-804, as last amended by Chapter 181, Laws of Utah 1995
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 10-9-103 is amended to read:
         10-9-103. Definitions -- Notice.
        (1) As used in this chapter:
        (a) "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.
        (b) "Chief executive officer" means:
        (i) the mayor in municipalities operating under all forms of municipal government except
    the council-manager form; or
        (ii) the city manager in municipalities operating under the council-manager form of
    municipal government.
        (c) "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.
        (d) "County" means the unincorporated area of the county.
        (e) "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.
        (f) (i) "General plan" means a document that a municipality adopts that sets forth general
    guidelines for proposed future development of the land within the municipality, as set forth in
    Sections 10-9-301 and 10-9-302.
        (ii) "General plan" includes what is also commonly referred to as a "master plan."
        (g) "Handicapped person" means a person who:
        (i) has a severe, chronic disability attributable to a mental or physical impairment or to a
    combination of mental and physical impairments that is likely to continue indefinitely and that
    results in a substantial functional limitation in three or more of the following areas of major life
    activity:
        (A) self-care;
        (B) receptive and expressive language;
        (C) learning;
        (D) mobility;
        (E) self-direction;
        (F) capacity for independent living; and
        (G) economic self-sufficiency; and
        (ii) requires a combination or sequence of special interdisciplinary or generic care, treatment,
    or other services that are individually planned and coordinated to allow the person to function in, and
    contribute to, a residential neighborhood.
        (h) "Legislative body" means the city council or city commission.
        (i) "Lot line adjustment" in a subdivision means the relocation of the property boundary line
    between two adjoining lots with the consent of the owners of record.

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        (j) "Municipality" means a city or town.
        (k) "Nonconforming structure" means a structure that:
        (i) legally existed before its current zoning designation; and
        (ii) because of subsequent zoning changes, does not conform with the zoning regulation's
    setback, height restrictions, or other regulations that govern the structure.
        (l) "Nonconforming use" means a use of land that:
        (i) legally existed before its current zoning designation;
        (ii) has been maintained continuously since the time the zoning regulation governing the
    land changed; and
        (iii) because of subsequent zoning changes, does not conform with the zoning regulations
    that now govern the land.
        (m) "Official map" means a map of proposed streets that has the legal effect of prohibiting
    development of the property until the municipality develops the proposed street.
        (n) (i) "Residential facility for elderly persons" means a single-family or multiple-family
    dwelling unit that meets the requirements of Part 5 and any ordinance adopted under authority of that
    part.
        (ii) "Residential facility for elderly persons" does not include a health care facility as defined
    by Section 26-21-2.
        (o) "Residential facility for handicapped persons" means a single-family or multiple-family
    dwelling unit that meets the requirements of Part 6 and any ordinance adopted under authority of that
    part.
        (p) "Special district" means all entities established under the authority of Title 17A and any
    other governmental or quasi-governmental entity that is not a county, municipality, school district,
    or unit of the state.
        (q) "Street" means public rights-of-way, including highways, avenues, boulevards,
    parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
    other ways.
        (r) (i) "Subdivision" means any land that is divided, resubdivided or proposed to be divided

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    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.
        (ii) "Subdivision" includes:
        (A) the division or development of land whether by deed, metes and bounds description,
    devise and testacy, lease, map, plat, or other recorded instrument; and
        (B) divisions of land for all residential and nonresidential uses, including land used or to be
    used for commercial, agricultural, and industrial purposes.
        (iii) "Subdivision" does not include:
        (A) a recorded agreement between owners of adjoining properties adjusting their mutual
    boundary if:
        (I) no new lot is created; and
        (II) the adjustment does not result in a violation of applicable zoning ordinances; or
        (B) a recorded document, executed by the owner of record, revising the legal description of
    more than one contiguous parcel of property into one legal description encompassing all such parcels
    of property.
        (s) "Unincorporated" means the area outside of the incorporated boundaries of cities and
    towns.
        (2) (a) A municipality meets the requirements of reasonable notice required by this chapter
    if it:
        (i) posts notice of the hearing or meeting in at least three public places within the jurisdiction
    and publishes notice of the hearing or meeting in a newspaper of general circulation in the
    jurisdiction, if one is available; or
        (ii) gives actual notice of the hearing or meeting.
        (b) A municipal legislative body may enact an ordinance establishing stricter notice
    requirements than those required by this subsection.
        (c) (i) Proof that one of the two forms of notice authorized by this subsection was given is
    prima facie evidence that notice was properly given.

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        (ii) If notice given under authority of this section is not challenged as provided in Section
    10-9-1001 within 30 days from the date of the meeting for which the notice was given, the notice
    is considered adequate and proper.
        Section 2. Section 10-9-804 is amended to read:
         10-9-804. Maps and plats required.
        (1) [Whenever] Unless exempt under Section 10-9-806 or not included in the definition of
    subdivision under Subsection 10-9-103(1)(r), whenever any lands are laid out and platted, the owner
    of those lands shall provide an accurate map or plat that describes or specifies:
        (a) the boundaries, course, and dimensions of the parcels of ground;
        (b) whether the parcels of ground are intended to be used as streets or for other public uses,
    and whether any areas are reserved for public purposes;
        (c) the number, temporary address, and length and width of the blocks and lots intended for
    sale; and
        (d) existing right-of-way and easement grants of record for underground facilities, as defined
    in Section 54-8a-2, and for other utility facilities.
        (2) (a) The owner of the land shall acknowledge the map or plat before an officer authorized
    by law to take the acknowledgement of conveyances of real estate.
        (b) The surveyor making the map or plat shall certify it.
        (c) The owner or operator of the underground and utility facilities shall approve the map or
    plat of its property interest if it specifies:
        (i) the boundary, course, dimensions, and intended use of the right-of-way and easement
    grants of record;
        (ii) the location of existing underground and utility facilities; and
        (iii) any conditions or restrictions governing the location of the facilities within the
    right-of-way, and easement grants of records, and utility facilities within the subdivision.
        (d) The legislative body shall approve the map or plat as provided in this part. Before the
    legislative body may approve a map or plat, the owner of the land shall provide the legislative body
    with a tax clearance indicating that all taxes, interest, and penalties owing on the land have been

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    paid.
        (3) After the map or plat has been acknowledged, certified, and approved, the owner of the
    land shall file and record it in the county recorder's office in the county in which the lands platted
    and laid out are situated.
        Section 3. Section 17-27-103 is amended to read:
         17-27-103. Definitions -- Notice.
        (1) As used in this chapter:
        (a) "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.
        (b) "Chief executive officer" means the county executive, or if the county has adopted an
    alternative form of government, the official who exercises the executive powers.
        (c) "Conditional use" means a land use that, because of its unique characteristics or potential
    impact on the county, 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.
        (d) "County" means the unincorporated area of the county.
        (e) "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.
        (f) (i) "General plan" means a document that a county adopts that sets forth general
    guidelines for proposed future development of the land within the county, as set forth in Sections
    17-27-301 and 17-27-302.
        (ii) "General plan" includes what is also commonly referred to as a "master plan."
        (g) "Handicapped person" means a person who:
        (i) has a severe, chronic disability attributable to a mental or physical impairment, or to a
    combination of mental and physical impairments, that is likely to continue indefinitely and that
    results in a substantial functional limitation in three or more of the following areas of major life
    activity:

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        (A) self-care;
        (B) receptive and expressive language;
        (C) learning;
        (D) mobility;
        (E) self-direction;
        (F) capacity for independent living; and
        (G) economic self-sufficiency; and
        (ii) requires a combination or sequence of special interdisciplinary or generic care, treatment,
    or other services that are individually planned and coordinated to allow the person to function in, and
    contribute to, a residential neighborhood.
        (h) "Legislative body" means the county legislative body, or for a county that has adopted
    an alternative form of government, the body exercising legislative powers.
        (i) "Lot line adjustment"means the relocation of the property boundary line between two
    adjoining lots with the consent of the owners of record.
        (j) "Municipality" means a city or town.
        (k) "Nonconforming structure" means a structure that:
        (i) legally existed before its current zoning designation; and
        (ii) because of subsequent zoning changes, does not conform with the zoning regulation's
    setback, height restrictions, or other regulations that govern the structure.
        (l) "Nonconforming use" means a use of land that:
        (i) legally existed before its current zoning designation;
        (ii) has been maintained continuously since the time the zoning regulation governing the
    land changed; and
        (iii) because of subsequent zoning changes, does not conform with the zoning regulations
    that now govern the land.
        (m) "Official map" means a map of proposed streets that has the legal effect of prohibiting
    development of the property until the county develops the proposed street.
        (n) (i) "Residential facility for elderly persons" means a single-family or multiple-family

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    dwelling unit that meets the requirements of Part 5 and any ordinance adopted under authority of that
    part.
        (ii) "Residential facility for elderly persons" does not include a health care facility as defined
    by Section 26-21-2.
        (o) "Residential facility for handicapped persons" means a single-family or multiple-family
    dwelling unit that meets the requirements of Part 6 and any ordinance adopted under authority of that
    part.
        (p) "Special district" means all entities established under the authority of Title 17A and any
    other governmental or quasi-governmental entity that is not a county, municipality, school district,
    or unit of the state.
        (q) "Street" means public rights-of-way, including highways, avenues, boulevards,
    parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
    other ways.
        (r) (i) "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.
        (ii) "Subdivision" includes the division or development of land whether by deed, metes and
    bounds description, devise and testacy, lease, map, plat, or other recorded instrument.
        (iii) "Subdivision" does not include:
        (A) a bona fide division or partition of agricultural land for agricultural purposes or of
    commercial, manufacturing, or industrial land for commercial, manufacturing, or industrial purposes;
        (B) a recorded agreement between owners of adjoining properties adjusting their mutual
    boundary if:
        (I) no new lot is created; and
        (II) the adjustment does not result in a violation of applicable zoning ordinances; or
        (C) a recorded document, executed by the owner of record, revising the legal description of
    more than one contiguous parcel of property into one legal description encompassing all such parcels

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    of property.
        (s) "Unincorporated" means the area outside of the incorporated boundaries of cities and
    towns.
        (2) (a) A county meets the requirements of reasonable notice required by this chapter if it:
        (i) posts notice of the hearing or meeting in at least three public places within the jurisdiction
    and publishes notice of the hearing or meeting in a newspaper of general circulation in the
    jurisdiction, if one is available; or
        (ii) gives actual notice of the hearing or meeting.
        (b) A county legislative body may enact an ordinance establishing stricter notice
    requirements than those required by this subsection.
        (c) (i) Proof that one of the two forms of notice authorized by this subsection was given is
    prima facie evidence that notice was properly given.
        (ii) If notice given under authority of this section is not challenged as provided in Section
    17-27-1001 within 30 days from the date of the meeting for which the notice was given, the notice
    is considered adequate and proper.
        Section 4. Section 17-27-804 is amended to read:
         17-27-804. Plats required.
        (1) Unless exempt under Section 17-27-806 or not included in the definition of a subdivision
    under Subsection 17-27-103(1)(r), whenever any lands are divided, the owner of those lands shall
    have an accurate plat made of them that sets forth and describes:
        (a) all the parcels of ground divided, by their boundaries, course, and extent, and whether
    they are intended for streets or other public uses, together with any areas that are reserved for public
    purposes; and
        (b) all blocks and lots intended for sale, by numbers, and their precise length and width.
        (2) (a) The owner of the land shall acknowledge the plat before an officer authorized by law
    to take the acknowledgement of conveyances of real estate.
        (b) The surveyor making the plat shall certify it.
        (c) The county legislative body shall approve the plat as provided in this part. Before the

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    legislative body may approve a map or plat, the owner of the land shall provide the legislative body
    with a tax clearance indicating that all taxes, interest, and penalties owing on the land have been
    paid.
        (3) After the plat has been acknowledged, certified, and approved, the owner of the land
    shall file and record it in the county recorder's office in the county in which the lands platted and
    divided are situated.

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