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H.B. 248






Sponsor: Carl R. Saunders

8    This act affects sections of Utah Code Annotated 1953 as follows:
9    AMENDS:
10         17-27-103, as last amended by Chapter 179, Laws of Utah 1995
11         17-27-804, as last amended by Chapter 181, Laws of Utah 1995
12    Be it enacted by the Legislature of the state of Utah:
13        Section 1. Section 17-27-103 is amended to read:
14         17-27-103. Definitions -- Notice.
15        (1) As used in this chapter:
16        (a) "Billboard" means a freestanding ground sign located on industrial, commercial, or
17    residential property if the sign is designed or intended to direct attention to a business, product,
18    or service that is not sold, offered, or existing on the property where the sign is located.
19        (b) "Chief executive officer" means the county executive, or if the county has adopted an
20    alternative form of government, the official who exercises the executive powers.
21        (c) "Conditional use" means a land use that, because of its unique characteristics or
22    potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
23    compatible in some areas or may be compatible only if certain conditions are required that mitigate
24    or eliminate the detrimental impacts.
25        (d) "County" means the unincorporated area of the county.
26        (e) "Elderly person" means a person who is 60 years old or older, who desires or needs to
27    live with other elderly persons in a group setting, but who is capable of living independently.

1        (f) (i) "General plan" means a document that a county adopts that sets forth general
2    guidelines for proposed future development of the land within the county, as set forth in Sections
3    17-27-301 and 17-27-302.
4        (ii) "General plan" includes what is also commonly referred to as a "master plan."
5        (g) "Handicapped person" means a person who:
6        (i) has a severe, chronic disability attributable to a mental or physical impairment, or to
7    a combination of mental and physical impairments, that is likely to continue indefinitely and that
8    results in a substantial functional limitation in three or more of the following areas of major life
9    activity:
10        (A) self-care;
11        (B) receptive and expressive language;
12        (C) learning;
13        (D) mobility;
14        (E) self-direction;
15        (F) capacity for independent living; and
16        (G) economic self-sufficiency; and
17        (ii) requires a combination or sequence of special interdisciplinary or generic care,
18    treatment, or other services that are individually planned and coordinated to allow the person to
19    function in, and contribute to, a residential neighborhood.
20        (h) "Legislative body" means the county legislative body, or for a county that has adopted
21    an alternative form of government, the body exercising legislative powers.
22        (i) "Lot line adjustment"means the relocation of the property boundary line between two
23    adjoining lots with the consent of the owners of record.
24        (j) "Municipality" means a city or town.
25        (k) "Nonconforming structure" means a structure that:
26        (i) legally existed before its current zoning designation; and
27        (ii) because of subsequent zoning changes, does not conform with the zoning regulation's
28    setback, height restrictions, or other regulations that govern the structure.
29        (l) "Nonconforming use" means a use of land that:
30        (i) legally existed before its current zoning designation;
31        (ii) has been maintained continuously since the time the zoning regulation governing the

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1    land changed; and
2        (iii) because of subsequent zoning changes, does not conform with the zoning regulations
3    that now govern the land.
4        (m) "Official map" means a map of proposed streets that has the legal effect of prohibiting
5    development of the property until the county develops the proposed street.
6        (n) (i) "Residential facility for elderly persons" means a single-family or multiple-family
7    dwelling unit that meets the requirements of Part 5 and any ordinance adopted under authority of
8    that part.
9        (ii) "Residential facility for elderly persons" does not include a health care facility as
10    defined by Section 26-21-2.
11        (o) "Residential facility for handicapped persons" means a single-family or
12    multiple-family dwelling unit that meets the requirements of Part 6 and any ordinance adopted
13    under authority of that part.
14        (p) "Special district" means all entities established under the authority of Title 17A and
15    any other governmental or quasi-governmental entity that is not a county, municipality, school
16    district, or unit of the state.
17        (q) "Street" means public rights-of-way, including highways, avenues, boulevards,
18    parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
19    other ways.
20        (r) (i) "Subdivision" means any land that is divided, resubdivided or proposed to be
21    divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose,
22    whether immediate or future, for offer, sale, lease, or development either on the installment plan
23    or upon any and all other plans, terms, and conditions.
24        (ii) "Subdivision" includes the division or development of land whether by deed, metes
25    and bounds description, devise and testacy, lease, map, plat, or other recorded instrument.
26        (iii) "Subdivision" does not include:
27        (A) a bona fide division or partition of agricultural land for agricultural purposes or of
28    commercial, manufacturing, or industrial land for commercial, manufacturing, or industrial
29    purposes;
30        (B) a recorded agreement between owners of adjoining properties adjusting their mutual
31    boundary to resolve a boundary dispute;

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1        (C) a recorded document making a minor reconfiguration of lot boundaries on the same
2    parcel of land, if no new lot is created;
3        (D) a recorded document revising the legal description of more than one contiguous parcel
4    of property into one legal description encompassing all such parcels of property; or
5        (E) a recorded trust deed or mortgage pledging a portion of a larger parcel of property as
6    security for an obligation.
7        (s) "Unincorporated" means the area outside of the incorporated boundaries of cities and
8    towns.
9        (2) (a) A county meets the requirements of reasonable notice required by this chapter if
10    it:
11        (i) posts notice of the hearing or meeting in at least three public places within the
12    jurisdiction and publishes notice of the hearing or meeting in a newspaper of general circulation
13    in the jurisdiction, if one is available; or
14        (ii) gives actual notice of the hearing or meeting.
15        (b) A county legislative body may enact an ordinance establishing stricter notice
16    requirements than those required by this subsection.
17        (c) (i) Proof that one of the two forms of notice authorized by this subsection was given
18    is prima facie evidence that notice was properly given.
19        (ii) If notice given under authority of this section is not challenged as provided in Section
20    17-27-1001 within 30 days from the date of the meeting for which the notice was given, the notice
21    is considered adequate and proper.
22        Section 2. Section 17-27-804 is amended to read:
23         17-27-804. Plats required.
24        (1) Unless exempt under Section 17-27-806 or not included in the definition of a
25    subdivision under Subsection 17-27-103(1)(r), whenever any lands are divided, the owner of those
26    lands shall have an accurate plat made of them that sets forth and describes:
27        (a) all the parcels of ground divided, by their boundaries, course, and extent, and whether
28    they are intended for streets or other public uses, together with any areas that are reserved for
29    public purposes; and
30        (b) all blocks and lots intended for sale, by numbers, and their precise length and width.
31        (2) (a) The owner of the land shall acknowledge the plat before an officer authorized by

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1    law to take the acknowledgement of conveyances of real estate.
2        (b) The surveyor making the plat shall certify it.
3        (c) The county legislative body shall approve the plat as provided in this part. Before the
4    legislative body may approve a map or plat, the owner of the land shall provide the legislative
5    body with a tax clearance indicating that all taxes, interest, and penalties owing on the land have
6    been paid.
7        (3) After the plat has been acknowledged, certified, and approved, the owner of the land
8    shall file and record it in the county recorder's office in the county in which the lands platted and
9    divided are situated.

Legislative Review Note
    as of 1-20-97 1:08 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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