First Substitute H.B. 95

Representative Martin R. Stephens proposes to substitute the following bill:

1 LOCAL GOVERNMENT SUBDIVISION
2 ORDINANCES
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Martin R. Stephens
6 AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; AND MODIFYING THE
7 DEFINITION OF SUBDIVISION.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 10-9-103, as last amended by Chapters 108 and 151, Laws of Utah 1997
11 17-27-103, as last amended by Chapters 90, 108 and 151, Laws of Utah 1997
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 10-9-103 is amended to read:
14 10-9-103. 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:
20 (i) the mayor in municipalities operating under all forms of municipal government except
21 the council-manager form; or
22 (ii) the city manager in municipalities operating under the council-manager form of
23 municipal government.
24 (c) "Conditional use" means a land use that, because of its unique characteristics or
25 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) "Legislative body" means the city council or city commission.
11 (h) "Lot line adjustment" in a subdivision means the relocation of the property boundary
12 line between two adjoining lots with the consent of the owners of record.
13 (i) "Municipality" means a city or town.
14 (j) "Nonconforming structure" means a structure that:
15 (i) legally existed before its current zoning designation; and
16 (ii) because of subsequent zoning changes, does not conform with the zoning regulation's
17 setback, height restrictions, or other regulations that govern the structure.
18 (k) "Nonconforming use" means a use of land that:
19 (i) legally existed before its current zoning designation;
20 (ii) has been maintained continuously since the time the zoning regulation governing the
21 land changed; and
22 (iii) because of subsequent zoning changes, does not conform with the zoning regulations
23 that now govern the land.
24 (l) "Official map" means a map of proposed streets that has the legal effect of prohibiting
25 development of the property until the municipality develops the proposed street.
26 (m) (i) "Residential facility for elderly persons" means a single-family or multiple-family
27 dwelling unit that meets the requirements of Part 5 and any ordinance adopted under authority of
28 that part.
29 (ii) "Residential facility for elderly persons" does not include a health care facility as
30 defined by Section 26-21-2.
31 (n) "Special district" means all entities established under the authority of Title 17A,

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1 Special Districts, and any other governmental or quasi-governmental entity that is not a county,
2 municipality, school district, or unit of the state.
3 (o) "Street" means public rights-of-way, including highways, avenues, boulevards,
4 parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
5 other ways.
6 (p) (i) "Subdivision" means any land that is divided, resubdivided or proposed to be
7 divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose,
8 whether immediate or future, for offer, sale, lease, or development either on the installment plan
9 or upon any and all other plans, terms, and conditions.
10 (ii) "Subdivision" includes:
11 (A) the division or development of land whether by deed, metes and bounds description,
12 devise and testacy, lease, map, plat, or other recorded instrument; and
13 (B) divisions of land for all residential and nonresidential uses, including land used or to
14 be used for commercial, agricultural, and industrial purposes.
15 (iii) "Subdivision" does not include:
16 (A) a recorded agreement between owners of adjoining properties adjusting their mutual
17 boundary if:
18 (I) no new lot is created; and
19 (II) the adjustment does not result in a violation of applicable zoning ordinances; or
20 (B) a recorded document, executed by the owner of record, revising the legal description
21 of more than one contiguous parcel of property into one legal description encompassing all such
22 parcels of property.
23 (iv) The joining of a subdivided parcel of property to another parcel of property that has
24 not been subdivided does not constitute a "subdivision" under this Subsection (1)(p) as to the
25 unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
26 subdivision ordinance.
27 (q) "Unincorporated" means the area outside of the incorporated boundaries of cities and
28 towns.
29 (2) (a) A municipality meets the requirements of reasonable notice required by this chapter
30 if it:
31 (i) posts notice of the hearing or meeting in at least three public places within the

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1 jurisdiction and publishes notice of the hearing or meeting in a newspaper of general circulation
2 in the jurisdiction, if one is available; or
3 (ii) gives actual notice of the hearing or meeting.
4 (b) A municipal legislative body may enact an ordinance establishing stricter notice
5 requirements than those required by this subsection.
6 (c) (i) Proof that one of the two forms of notice authorized by this subsection was given
7 is prima facie evidence that notice was properly given.
8 (ii) If notice given under authority of this section is not challenged as provided in Section
9 10-9-1001 within 30 days from the date of the meeting for which the notice was given, the notice
10 is considered adequate and proper.
11 Section 2. Section 17-27-103 is amended to read:
12 17-27-103. Definitions -- Notice.
13 (1) As used in this chapter:
14 (a) "Billboard" means a freestanding ground sign located on industrial, commercial, or
15 residential property if the sign is designed or intended to direct attention to a business, product,
16 or service that is not sold, offered, or existing on the property where the sign is located.
17 (b) "Chief executive officer" means the county executive, or if the county has adopted an
18 alternative form of government, the official who exercises the executive powers.
19 (c) "Conditional use" means a land use that, because of its unique characteristics or
20 potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
21 compatible in some areas or may be compatible only if certain conditions are required that mitigate
22 or eliminate the detrimental impacts.
23 (d) "County" means the unincorporated area of the county.
24 (e) "Elderly person" means a person who is 60 years old or older, who desires or needs to
25 live with other elderly persons in a group setting, but who is capable of living independently.
26 (f) (i) "General plan" means a document that a county adopts that sets forth general
27 guidelines for proposed future development of the land within the county, as set forth in Sections
28 17-27-301 and 17-27-302.
29 (ii) "General plan" includes what is also commonly referred to as a "master plan."
30 (g) "Legislative body" means the county legislative body, or for a county that has adopted
31 an alternative form of government, the body exercising legislative powers.

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

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1 and bounds description, devise and testacy, lease, map, plat, or other recorded instrument.
2 (iii) "Subdivision" does not include:
3 (A) a bona fide division or partition of agricultural land for agricultural purposes;
4 (B) a recorded agreement between owners of adjoining properties adjusting their mutual
5 boundary if:
6 (I) no new lot is created; and
7 (II) the adjustment does not result in a violation of applicable zoning ordinances; or
8 (C) a recorded document, executed by the owner of record, revising the legal description
9 of more than one contiguous parcel of property into one legal description encompassing all such
10 parcels of property.
11 (iv) The joining of a subdivided parcel of property to another parcel of property that has
12 not been subdivided does not constitute a "subdivision" under this Subsection (1)(p) as to the
13 unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
14 ordinance.
15 (q) "Unincorporated" means the area outside of the incorporated boundaries of cities and
16 towns.
17 (2) (a) A county meets the requirements of reasonable notice required by this chapter if
18 it:
19 (i) posts notice of the hearing or meeting in at least three public places within the
20 jurisdiction and publishes notice of the hearing or meeting in a newspaper of general circulation
21 in the jurisdiction, if one is available; or
22 (ii) gives actual notice of the hearing or meeting.
23 (b) A county legislative body may enact an ordinance establishing stricter notice
24 requirements than those required by this subsection.
25 (c) (i) Proof that one of the two forms of notice authorized by this subsection was given
26 is prima facie evidence that notice was properly given.
27 (ii) If notice given under authority of this section is not challenged as provided in Section
28 17-27-1001 within 30 days from the date of the meeting for which the notice was given, the notice
29 is considered adequate and proper.


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