S.B. 98 Enrolled

COUNTIES - SUBDIVISION DEFINED
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: LeRay McAllister
AN ACT RELATING TO COUNTIES; MODIFYING THE DEFINITION OF SUBDIVISION.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17-27-103, as last amended by Chapter 179, Laws of Utah 1995
Be it enacted by the Legislature of the state of Utah:
Section 1. 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:
(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

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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
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 bona fide division or partition of agricultural land for
agricultural purposes [or of commercial, manufacturing, or industrial land for commercial,
manufacturing, or industrial purposes].
(s) "Unincorporated" means the area outside of the incorporated boundaries of cities and
towns.

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(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.

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