First Substitute H.B. 248

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PLANNING AND ZONING - SUBDIVISION PLATS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Carl R. Saunders
5 AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; MODIFYING THE
6 DEFINITION OF SUBDIVISION; MODIFYING PLAT REQUIREMENTS; AND MAKING
7 TECHNICAL CORRECTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 10-9-103, as last amended by Chapter 179, Laws of Utah 1995
11 10-9-804, as last amended by Chapters 180 and 181, Laws of Utah 1995
12 17-27-103, as last amended by Chapter 179, Laws of Utah 1995
13 17-27-804, as last amended by Chapter 181, Laws of Utah 1995
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 10-9-103 is amended to read:
16 10-9-103. Definitions -- Notice.
17 (1) As used in this chapter:
18 (a) "Billboard" means a freestanding ground sign located on industrial, commercial, or
19 residential property if the sign is designed or intended to direct attention to a business, product,
20 or service that is not sold, offered, or existing on the property where the sign is located.
21 (b) "Chief executive officer" means:
22 (i) the mayor in municipalities operating under all forms of municipal government except
23 the council-manager form; or
24 (ii) the city manager in municipalities operating under the council-manager form of
25 municipal government.
26 (c) "Conditional use" means a land use that, because of its unique characteristics or
27 potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be

1 compatible in some areas or may be compatible only if certain conditions are required that mitigate
2 or eliminate the detrimental impacts.
3 (d) "County" means the unincorporated area of the county.
4 (e) "Elderly person" means a person who is 60 years old or older, who desires or needs to
5 live with other elderly persons in a group setting, but who is capable of living independently.
6 (f) (i) "General plan" means a document that a municipality adopts that sets forth general
7 guidelines for proposed future development of the land within the municipality, as set forth in
8 Sections 10-9-301 and 10-9-302.
9 (ii) "General plan" includes what is also commonly referred to as a "master plan."
10 (g) "Handicapped person" means a person who:
11 (i) has a severe, chronic disability attributable to a mental or physical impairment or to a
12 combination of mental and physical impairments that is likely to continue indefinitely and that
13 results in a substantial functional limitation in three or more of the following areas of major life
14 activity:
15 (A) self-care;
16 (B) receptive and expressive language;
17 (C) learning;
18 (D) mobility;
19 (E) self-direction;
20 (F) capacity for independent living; and
21 (G) economic self-sufficiency; and
22 (ii) requires a combination or sequence of special interdisciplinary or generic care,
23 treatment, or other services that are individually planned and coordinated to allow the person to
24 function in, and contribute to, a residential neighborhood.
25 (h) "Legislative body" means the city council or city commission.
26 (i) "Lot line adjustment" in a subdivision means the relocation of the property boundary
27 line between two adjoining lots with the consent of the owners of record.
28 (j) "Municipality" means a city or town.
29 (k) "Nonconforming structure" means a structure that:
30 (i) legally existed before its current zoning designation; and
31 (ii) because of subsequent zoning changes, does not conform with the zoning regulation's

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

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1 be used for commercial, agricultural, and industrial purposes.
2 (iii) "Subdivision" does not include:
3 (A) a recorded agreement between owners of adjoining properties adjusting their mutual
4 boundary to resolve a boundary dispute;
5 (B) a recorded document making a minor reconfiguration of lot boundaries on the same
6 parcel of land, if no new lot is created; or
7 (C) a recorded document revising the legal description of more than one contiguous parcel
8 of property into one legal description encompassing all such parcels of property.
9 (s) "Unincorporated" means the area outside of the incorporated boundaries of cities and
10 towns.
11 (2) (a) A municipality meets the requirements of reasonable notice required by this chapter
12 if it:
13 (i) posts notice of the hearing or meeting in at least three public places within the
14 jurisdiction and publishes notice of the hearing or meeting in a newspaper of general circulation
15 in the jurisdiction, if one is available; or
16 (ii) gives actual notice of the hearing or meeting.
17 (b) A municipal legislative body may enact an ordinance establishing stricter notice
18 requirements than those required by this subsection.
19 (c) (i) Proof that one of the two forms of notice authorized by this subsection was given
20 is prima facie evidence that notice was properly given.
21 (ii) If notice given under authority of this section is not challenged as provided in Section
22 10-9-1001 within 30 days from the date of the meeting for which the notice was given, the notice
23 is considered adequate and proper.
24 Section 2. Section 10-9-804 is amended to read:
25 10-9-804. Maps and plats required.
26 (1) [Whenever] Unless exempt under Section 10-9-806 or not included in the definition
27 of subdivision under Subsection 10-9-103(1)(r), whenever any lands are laid out and platted, the
28 owner of those lands shall provide an accurate map or plat that describes or specifies:
29 (a) the boundaries, course, and dimensions of the parcels of ground;
30 (b) whether the parcels of ground are intended to be used as streets or for other public uses,
31 and whether any areas are reserved for public purposes;

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1 (c) the number, temporary address, and length and width of the blocks and lots intended
2 for sale; and
3 (d) existing right-of-way and easement grants of record for underground facilities, as
4 defined in Section 54-8a-2, and for other utility facilities.
5 (2) (a) The owner of the land shall acknowledge the map or plat before an officer
6 authorized by law to take the acknowledgement of conveyances of real estate.
7 (b) The surveyor making the map or plat shall certify it.
8 (c) The owner or operator of the underground and utility facilities shall approve the map
9 or plat of its property interest if it specifies:
10 (i) the boundary, course, dimensions, and intended use of the right-of-way and easement
11 grants of record;
12 (ii) the location of existing underground and utility facilities; and
13 (iii) any conditions or restrictions governing the location of the facilities within the
14 right-of-way, and easement grants of records, and utility facilities within the subdivision.
15 (d) The legislative body shall approve the map or plat as provided in this part. Before the
16 legislative body may approve a map or plat, the owner of the land shall provide the legislative
17 body with a tax clearance indicating that all taxes, interest, and penalties owing on the land have
18 been paid.
19 (3) After the map or plat has been acknowledged, certified, and approved, the owner of
20 the land shall file and record it in the county recorder's office in the county in which the lands
21 platted and laid out are situated.
22 Section 3. Section 17-27-103 is amended to read:
23 17-27-103. Definitions -- Notice.
24 (1) As used in this chapter:
25 (a) "Billboard" means a freestanding ground sign located on industrial, commercial, or
26 residential property if the sign is designed or intended to direct attention to a business, product,
27 or service that is not sold, offered, or existing on the property where the sign is located.
28 (b) "Chief executive officer" means the county executive, or if the county has adopted an
29 alternative form of government, the official who exercises the executive powers.
30 (c) "Conditional use" means a land use that, because of its unique characteristics or
31 potential impact on the county, surrounding neighbors, or adjacent land uses, may not be

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1 compatible in some areas or may be compatible only if certain conditions are required that mitigate
2 or eliminate the detrimental impacts.
3 (d) "County" means the unincorporated area of the county.
4 (e) "Elderly person" means a person who is 60 years old or older, who desires or needs to
5 live with other elderly persons in a group setting, but who is capable of living independently.
6 (f) (i) "General plan" means a document that a county adopts that sets forth general
7 guidelines for proposed future development of the land within the county, as set forth in Sections
8 17-27-301 and 17-27-302.
9 (ii) "General plan" includes what is also commonly referred to as a "master plan."
10 (g) "Handicapped person" means a person who:
11 (i) has a severe, chronic disability attributable to a mental or physical impairment, or to
12 a combination of mental and physical impairments, that is likely to continue indefinitely and that
13 results in a substantial functional limitation in three or more of the following areas of major life
14 activity:
15 (A) self-care;
16 (B) receptive and expressive language;
17 (C) learning;
18 (D) mobility;
19 (E) self-direction;
20 (F) capacity for independent living; and
21 (G) economic self-sufficiency; and
22 (ii) requires a combination or sequence of special interdisciplinary or generic care,
23 treatment, or other services that are individually planned and coordinated to allow the person to
24 function in, and contribute to, a residential neighborhood.
25 (h) "Legislative body" means the county legislative body, or for a county that has adopted
26 an alternative form of government, the body exercising legislative powers.
27 (i) "Lot line adjustment"means the relocation of the property boundary line between two
28 adjoining lots with the consent of the owners of record.
29 (j) "Municipality" means a city or town.
30 (k) "Nonconforming structure" means a structure that:
31 (i) legally existed before its current zoning designation; and

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

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

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1 public purposes; and
2 (b) all blocks and lots intended for sale, by numbers, and their precise length and width.
3 (2) (a) The owner of the land shall acknowledge the plat before an officer authorized by
4 law to take the acknowledgement of conveyances of real estate.
5 (b) The surveyor making the plat shall certify it.
6 (c) The county legislative body shall approve the plat as provided in this part. Before the
7 legislative body may approve a map or plat, the owner of the land shall provide the legislative
8 body with a tax clearance indicating that all taxes, interest, and penalties owing on the land have
9 been paid.
10 (3) After the plat has been acknowledged, certified, and approved, the owner of the land
11 shall file and record it in the county recorder's office in the county in which the lands platted and
12 divided are situated.

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