S.B. 98

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COUNTIES - SUBDIVISION DEFINED
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: LeRay McAllister
5 AN ACT RELATING TO COUNTIES; MODIFYING THE DEFINITION OF SUBDIVISION.
6 This act affects sections of Utah Code Annotated 1953 as follows:
7 AMENDS:
8 17-27-103, as last amended by Chapter 179, Laws of Utah 1995
9 Be it enacted by the Legislature of the state of Utah:
10 Section 1. Section 17-27-103 is amended to read:
11 17-27-103. Definitions -- Notice.
12 (1) As used in this chapter:
13 (a) "Billboard" means a freestanding ground sign located on industrial, commercial, or
14 residential property if the sign is designed or intended to direct attention to a business, product,
15 or service that is not sold, offered, or existing on the property where the sign is located.
16 (b) "Chief executive officer" means the county executive, or if the county has adopted an
17 alternative form of government, the official who exercises the executive powers.
18 (c) "Conditional use" means a land use that, because of its unique characteristics or
19 potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
20 compatible in some areas or may be compatible only if certain conditions are required that mitigate
21 or eliminate the detrimental impacts.
22 (d) "County" means the unincorporated area of the county.
23 (e) "Elderly person" means a person who is 60 years old or older, who desires or needs to
24 live with other elderly persons in a group setting, but who is capable of living independently.
25 (f) (i) "General plan" means a document that a county adopts that sets forth general
26 guidelines for proposed future development of the land within the county, as set forth in Sections
27 17-27-301 and 17-27-302.

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

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1 (m) "Official map" means a map of proposed streets that has the legal effect of prohibiting
2 development of the property until the county develops the proposed street.
3 (n) (i) "Residential facility for elderly persons" means a single-family or multiple-family
4 dwelling unit that meets the requirements of Part 5 and any ordinance adopted under authority of
5 that part.
6 (ii) "Residential facility for elderly persons" does not include a health care facility as
7 defined by Section 26-21-2.
8 (o) "Residential facility for handicapped persons" means a single-family or
9 multiple-family dwelling unit that meets the requirements of Part 6 and any ordinance adopted
10 under authority of that part.
11 (p) "Special district" means all entities established under the authority of Title 17A and
12 any other governmental or quasi-governmental entity that is not a county, municipality, school
13 district, or unit of the state.
14 (q) "Street" means public rights-of-way, including highways, avenues, boulevards,
15 parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
16 other ways.
17 (r) (i) "Subdivision" means any land that is divided, resubdivided or proposed to be
18 divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose,
19 whether immediate or future, for offer, sale, lease, or development either on the installment plan
20 or upon any and all other plans, terms, and conditions.
21 (ii) "Subdivision" includes the division or development of land whether by deed, metes
22 and bounds description, devise and testacy, lease, map, plat, or other recorded instrument.
23 (iii) "Subdivision" does not include a bona fide division or partition of agricultural land
24 for agricultural purposes [or of commercial, manufacturing, or industrial land for commercial,
25 manufacturing, or industrial purposes].
26 (s) "Unincorporated" means the area outside of the incorporated boundaries of cities and
27 towns.
28 (2) (a) A county meets the requirements of reasonable notice required by this chapter if
29 it:
30 (i) posts notice of the hearing or meeting in at least three public places within the
31 jurisdiction and publishes notice of the hearing or meeting in a newspaper of general circulation

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1 in the jurisdiction, if one is available; or
2 (ii) gives actual notice of the hearing or meeting.
3 (b) A county legislative body may enact an ordinance establishing stricter notice
4 requirements than those required by this subsection.
5 (c) (i) Proof that one of the two forms of notice authorized by this subsection was given
6 is prima facie evidence that notice was properly given.
7 (ii) If notice given under authority of this section is not challenged as provided in Section
8 17-27-1001 within 30 days from the date of the meeting for which the notice was given, the notice
9 is considered adequate and proper.




Legislative Review Note
as of 10-2-96 8:21 AM

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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