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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 17-79-102

This section defines many terms used in the chapter, including “accessory dwelling unit,” “land use applicant,” and “land use authority.”

Source excerpt

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Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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“This section defines many terms used in the chapter, including “accessory dwelling unit,” “land use applicant,” and “land use authority.””

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Subsection 17-79-102(64)

“Property owner” means a person that holds legal title in real property.

Section 17-79-102(64)

Subsection 17-79-102(91)

“Zoning map” means a map adopted as part of a land use ordinance that shows land use zones, overlays, or districts.

Section 17-79-102(91)

04

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Source record from le.utah.gov · Legal dates not recorded

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Provisions 201–303

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Showing 103 of 303 provisions

Provision 100Amendment 3

Part 17-79-1

part 17-79-1 General Provisions

§ 17-79-102(64)Subsection 17-79-102(64)Provision

Source excerpt

“Property owner” means a person that holds legal title in real property.

"Property owner" means a person that holds legal title in real property.
Section 17-79-102(64)Verify source
§ 17-79-102(65)Subsection 17-79-102(65)Provision

Source excerpt

“Public agency” includes the federal government, the state, local school and special districts, other political subdivisions of the state, and charter schools.

"Public agency" means: the federal government; the state; a county, municipality, school district, special district, special service district, or other political subdivision of the state; or a charter school.
Section 17-79-102(65)Verify source
§ 17-79-102(65)(a)Subsection 17-79-102(65)(a)Provision

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Refers to the federal government.

the federal government;
Section 17-79-102(65)(a)Verify source
§ 17-79-102(65)(b)Subsection 17-79-102(65)(b)Provision

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the state;

the state;
Section 17-79-102(65)(b)Verify source
§ 17-79-102(65)(c)Subsection 17-79-102(65)(c)Provision

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a county, municipality, school district, special district, special service district, or other political subdivision of the state; or

a county, municipality, school district, special district, special service district, or other political subdivision of the state; or
Section 17-79-102(65)(c)Verify source
§ 17-79-102(65)(d)Subsection 17-79-102(65)(d)Provision

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This provision mentions a charter school.

a charter school.
Section 17-79-102(65)(d)Verify source
§ 17-79-102(66)Subsection 17-79-102(66)Provision

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“Public hearing” means a hearing that gives members of the public a reasonable opportunity to comment on the subject.

"Public hearing" means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing.
Section 17-79-102(66)Verify source
§ 17-79-102(67)Subsection 17-79-102(67)Provision

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“Public meeting” means a meeting required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act.

"Public meeting" means a meeting that is required to be open to the public under Title 52, Chapter 4 , Open and Public Meetings Act.
Section 17-79-102(67)Verify source
§ 17-79-102(68)Subsection 17-79-102(68)Provision

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"Public street" means a public right-of-way, including several listed kinds of public ways.

"Public street" means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way.
Section 17-79-102(68)Verify source
§ 17-79-102(69)Subsection 17-79-102(69)Provision

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A "receiving zone" is an unincorporated area designated by a county ordinance where a landowner may receive a transferable development right.

"Receiving zone" means an unincorporated area that a county designates, by ordinance, as an area in which an owner of land may receive a transferable development right.
Section 17-79-102(69)Verify source
§ 17-79-102(70)Subsection 17-79-102(70)Provision

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"Record of survey map" means a map of a survey of land prepared in accordance with Section 17-73-504 .

"Record of survey map" means a map of a survey of land prepared in accordance with Section 17-73-504 .
Section 17-79-102(70)Verify source
§ 17-79-102(71)Subsection 17-79-102(71)Provision

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This provision defines “Residential facility for persons with a disability” as a residence where more than one person with a disability lives and that is licensed or certified by the Department of Health and Human Services under the cited licensing provisions.

"Residential facility for persons with a disability" means a residence: in which more than one person with a disability resides; and which is licensed or certified by the Department of Health and Human Services under: Title 26B, Chapter 2, Part 1 , Human Services Programs and Facilities; or Title 26B, Chapter 2, Part 2 , Health Care Facility Licensing and Inspection.
Section 17-79-102(71)Verify source
§ 17-79-102(71)(a)Subsection 17-79-102(71)(a)Provision

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in which more than one person with a disability resides; and

in which more than one person with a disability resides; and
Section 17-79-102(71)(a)Verify source
§ 17-79-102(71)(b)Subsection 17-79-102(71)(b)Provision

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which is licensed or certified by the Department of Health and Human Services under: Title 26B, Chapter 2, Part 1 , Human Services Programs and Facilities; or Title 26B, Chapter 2, Part 2 , Health Care Facility Licensing and Inspection.

which is licensed or certified by the Department of Health and Human Services under: Title 26B, Chapter 2, Part 1 , Human Services Programs and Facilities; or Title 26B, Chapter 2, Part 2 , Health Care Facility Licensing and Inspection.
Section 17-79-102(71)(b)Verify source
§ 17-79-102(71)(b)(i)Subsection 17-79-102(71)(b)(i)Provision

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Title 26B, Chapter 2, Part 1 , Human Services Programs and Facilities; or

Title 26B, Chapter 2, Part 1 , Human Services Programs and Facilities; or
Section 17-79-102(71)(b)(i)Verify source
§ 17-79-102(71)(b)(ii)Subsection 17-79-102(71)(b)(ii)Provision

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Title 26B, Chapter 2, Part 2 , Health Care Facility Licensing and Inspection.

Title 26B, Chapter 2, Part 2 , Health Care Facility Licensing and Inspection.
Section 17-79-102(71)(b)(ii)Verify source
§ 17-79-102(72)Subsection 17-79-102(72)Provision

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Defines “residential roadway” as a public local residential road meeting several access, traffic, speed, and location criteria.

"Residential roadway" means a public local residential road that: will serve primarily to provide access to adjacent primarily residential areas and property; is designed to accommodate minimal traffic volumes or vehicular traffic; is not identified as a supplementary to a collector or other higher system classified street in an approved municipal street or transportation master plan; has a posted speed limit of 25 miles per hour or less; does not have higher traffic volumes resulting from connecting previously separated areas of the municipal road network; cannot have a primary access, but can have a secondary access, and does not abut lots intended for high volume traffic or community centers, including schools, recreation centers, sports complexes, or libraries; and primarily serves traffic within a neighborhood or limited residential area and is not necessarily continuous through several residential areas.
Section 17-79-102(72)Verify source
§ 17-79-102(72)(a)Subsection 17-79-102(72)(a)Provision

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will serve primarily to provide access to adjacent primarily residential areas and property;

will serve primarily to provide access to adjacent primarily residential areas and property;
Section 17-79-102(72)(a)Verify source
§ 17-79-102(72)(b)Subsection 17-79-102(72)(b)Provision

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is designed to accommodate minimal traffic volumes or vehicular traffic;

is designed to accommodate minimal traffic volumes or vehicular traffic;
Section 17-79-102(72)(b)Verify source
§ 17-79-102(72)(c)Subsection 17-79-102(72)(c)Provision

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is not identified as a supplementary to a collector or other higher system classified street in an approved municipal street or transportation master plan;

is not identified as a supplementary to a collector or other higher system classified street in an approved municipal street or transportation master plan;
Section 17-79-102(72)(c)Verify source
§ 17-79-102(72)(d)Subsection 17-79-102(72)(d)Provision

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has a posted speed limit of 25 miles per hour or less;

has a posted speed limit of 25 miles per hour or less;
Section 17-79-102(72)(d)Verify source
§ 17-79-102(72)(e)Subsection 17-79-102(72)(e)Provision

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does not have higher traffic volumes resulting from connecting previously separated areas of the municipal road network;

does not have higher traffic volumes resulting from connecting previously separated areas of the municipal road network;
Section 17-79-102(72)(e)Verify source
§ 17-79-102(72)(f)Subsection 17-79-102(72)(f)Provision

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cannot have a primary access, but can have a secondary access, and does not abut lots intended for high volume traffic or community centers, including schools, recreation centers, sports complexes, or libraries; and

cannot have a primary access, but can have a secondary access, and does not abut lots intended for high volume traffic or community centers, including schools, recreation centers, sports complexes, or libraries; and
Section 17-79-102(72)(f)Verify source
§ 17-79-102(72)(g)Subsection 17-79-102(72)(g)Provision

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primarily serves traffic within a neighborhood or limited residential area and is not necessarily continuous through several residential areas.

primarily serves traffic within a neighborhood or limited residential area and is not necessarily continuous through several residential areas.
Section 17-79-102(72)(g)Verify source
§ 17-79-102(73)Subsection 17-79-102(73)Provision

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This subsection defines “rules of order and procedure” as rules for parliamentary order and procedure, ethical behavior, and civil discourse in a public meeting.

"Rules of order and procedure" means a set of rules that govern and prescribe in a public meeting: parliamentary order and procedure; ethical behavior; and civil discourse.
Section 17-79-102(73)Verify source
§ 17-79-102(73)(a)Subsection 17-79-102(73)(a)Provision

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parliamentary order and procedure;

parliamentary order and procedure;
Section 17-79-102(73)(a)Verify source
§ 17-79-102(73)(b)Subsection 17-79-102(73)(b)Provision

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ethical behavior; and

ethical behavior; and
Section 17-79-102(73)(b)Verify source
§ 17-79-102(73)(c)Subsection 17-79-102(73)(c)Provision

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civil discourse.

civil discourse.
Section 17-79-102(73)(c)Verify source
§ 17-79-102(74)Subsection 17-79-102(74)Provision

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“Sanitary sewer authority” means a department, agency, or public entity responsible for reviewing and approving the feasibility of sanitary sewer services or onsite wastewater systems.

"Sanitary sewer authority" means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems.
Section 17-79-102(74)Verify source
§ 17-79-102(75)Subsection 17-79-102(75)Provision

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A sending zone is an unincorporated area that a county designates by ordinance as an area from which a landowner may transfer a transferable development right.

"Sending zone" means an unincorporated area that a county designates, by ordinance, as an area from which an owner of land may transfer a transferable development right.
Section 17-79-102(75)Verify source
§ 17-79-102(76)Subsection 17-79-102(76)Provision

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A “simple boundary adjustment” is one that does not affect certain public property or easements and does not make a lot or parcel nonconforming with land use regulations.

"Simple boundary adjustment" means a boundary adjustment that does not: affect a public right-of-way, county utility easement, or other public property; affect an existing easement, onsite wastewater system, or an internal lot restriction; or result in a lot or parcel out of conformity with land use regulations.
Section 17-79-102(76)Verify source
§ 17-79-102(76)(a)Subsection 17-79-102(76)(a)Provision

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affect a public right-of-way, county utility easement, or other public property;

affect a public right-of-way, county utility easement, or other public property;
Section 17-79-102(76)(a)Verify source
§ 17-79-102(76)(b)Subsection 17-79-102(76)(b)Provision

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affect an existing easement, onsite wastewater system, or an internal lot restriction; or

affect an existing easement, onsite wastewater system, or an internal lot restriction; or
Section 17-79-102(76)(b)Verify source
§ 17-79-102(76)(c)Subsection 17-79-102(76)(c)Provision

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result in a lot or parcel out of conformity with land use regulations.

result in a lot or parcel out of conformity with land use regulations.
Section 17-79-102(76)(c)Verify source
§ 17-79-102(77)Subsection 17-79-102(77)Provision

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A site plan is a document or map that a county may require during preliminary review before a building permit is issued.

"Site plan" means a document or map that may be required by a county during a preliminary review before the issuance of a building permit to demonstrate that an owner's or developer's proposed development activity meets a land use requirement.
Section 17-79-102(77)Verify source
§ 17-79-102(78)Subsection 17-79-102(78)Provision

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“Special district” means an entity under Title 17B and includes certain governmental or quasi-governmental entities that are not a county, municipality, school district, or the state.

"Special district" means an entity under Title 17B, Limited Purpose Local Government Entities - Special Districts . "Special district" includes a governmental or quasi-governmental entity that is not a county, municipality, school district, or the state.
Section 17-79-102(78)Verify source
§ 17-79-102(78)(a)Subsection 17-79-102(78)(a)Provision

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“Special district” means an entity under Title 17B, Limited Purpose Local Government Entities - Special Districts.

"Special district" means an entity under Title 17B, Limited Purpose Local Government Entities - Special Districts .
Section 17-79-102(78)(a)Verify source
§ 17-79-102(78)(b)Subsection 17-79-102(78)(b)Provision

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"Special district" includes a governmental or quasi-governmental entity that is not a county, municipality, school district, or the state.

"Special district" includes a governmental or quasi-governmental entity that is not a county, municipality, school district, or the state.
Section 17-79-102(78)(b)Verify source
§ 17-79-102(79)Subsection 17-79-102(79)Provision

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“Specific land use law” means a requirement or restriction on the use of a specific parcel in a development agreement, approved by a legislative body with the affected property owner’s consent.

"Specific land use law" means a requirement or restriction on the use of a specific parcel in a development agreement that a legislative body approves with the consent of an affected property owner.
Section 17-79-102(79)Verify source
§ 17-79-102(80)Subsection 17-79-102(80)Provision

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“Specified public agency” means the state, a school district, or a charter school.

"Specified public agency" means: the state; a school district; or a charter school.
Section 17-79-102(80)Verify source
§ 17-79-102(80)(a)Subsection 17-79-102(80)(a)Provision

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the state;

the state;
Section 17-79-102(80)(a)Verify source
§ 17-79-102(80)(b)Subsection 17-79-102(80)(b)Provision

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a school district; or

a school district; or
Section 17-79-102(80)(b)Verify source
§ 17-79-102(80)(c)Subsection 17-79-102(80)(c)Provision

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a charter school.

a charter school.
Section 17-79-102(80)(c)Verify source
§ 17-79-102(81)Subsection 17-79-102(81)Provision

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“Specified public utility” means an electrical corporation, gas corporation, or telephone corporation, as defined in Section 54-2-1.

"Specified public utility" means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1 .
Section 17-79-102(81)Verify source
§ 17-79-102(82)Subsection 17-79-102(82)Provision

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"State" includes any department, division, or agency of the state.

"State" includes any department, division, or agency of the state.
Section 17-79-102(82)Verify source
§ 17-79-102(83)Subsection 17-79-102(83)Provision

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"Subdivision" means any land that is divided, resubdivided, or proposed to be divided into two or more lots or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the

"Subdivision" means any land that is divided, resubdivided, or proposed to be divided into two or more lots 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. "Subdivision" includes: the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and except as provided in Subsection (83)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. "Subdivision" does not include: a bona fide division or partition of agricultural land for agricultural purposes; a recorded conveyance document: consolidating multiple lots or parcels into one legal description encompassing all lots by reference to a recorded plat and all parcels by metes and bounds description; or joining a lot to a parcel; a bona fide division or partition of land in a county other than a first class county for the purpose of siting, on one or more of the resulting separate parcels: an electrical transmission line or a substation; a natural gas pipeline or a regulation station; or an unmanned telecommunications, microwave, fiber optic, electrical, or other utility service regeneration, transformation, retransmission, or amplification facility; a bona fide division of land by deed or other instrument if the deed or other instrument states in writing that the division: is in anticipation of future land use approvals on the parcel or parcels; does not confer any land use approvals; and has not been approved by the land use authority; a boundary adjustment; a boundary establishment; a road, street, or highway dedication plat; a deed or easement for a road, street, or highway purpose; or any other division of land authorized by law.
Section 17-79-102(83)Verify source
§ 17-79-102(83)(a)Subsection 17-79-102(83)(a)Provision

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“Subdivision” means land divided, resubdivided, or proposed to be divided into two or more lots or other land divisions for offer, sale, lease, or development.

"Subdivision" means any land that is divided, resubdivided, or proposed to be divided into two or more lots 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.
Section 17-79-102(83)(a)Verify source
§ 17-79-102(83)(b)Subsection 17-79-102(83)(b)Provision

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“Subdivision” includes land division or development, and certain land divisions for residential and nonresidential uses, subject to an exception in Subsection (83)(c).

"Subdivision" includes: the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and except as provided in Subsection (83)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.
Section 17-79-102(83)(b)Verify source
§ 17-79-102(83)(b)(i)Subsection 17-79-102(83)(b)(i)Provision

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the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and

the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
Section 17-79-102(83)(b)(i)Verify source
§ 17-79-102(83)(b)(ii)Subsection 17-79-102(83)(b)(ii)Provision

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This provision refers to divisions of land for residential and nonresidential uses, including commercial, agricultural, and industrial land uses, except as provided in Subsection (83)(c).

except as provided in Subsection (83)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.
Section 17-79-102(83)(b)(ii)Verify source
§ 17-79-102(83)(c)Subsection 17-79-102(83)(c)Provision

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The term “Subdivision” excludes several listed land divisions and conveyances, including certain agricultural divisions, recorded consolidation documents, specified utility-site divisions outside first class counties, boundary adjustments, boundary establishments, road dedication plats, and other legally authorized divisions.

"Subdivision" does not include: a bona fide division or partition of agricultural land for agricultural purposes; a recorded conveyance document: consolidating multiple lots or parcels into one legal description encompassing all lots by reference to a recorded plat and all parcels by metes and bounds description; or joining a lot to a parcel; a bona fide division or partition of land in a county other than a first class county for the purpose of siting, on one or more of the resulting separate parcels: an electrical transmission line or a substation; a natural gas pipeline or a regulation station; or an unmanned telecommunications, microwave, fiber optic, electrical, or other utility service regeneration, transformation, retransmission, or amplification facility; a bona fide division of land by deed or other instrument if the deed or other instrument states in writing that the division: is in anticipation of future land use approvals on the parcel or parcels; does not confer any land use approvals; and has not been approved by the land use authority; a boundary adjustment; a boundary establishment; a road, street, or highway dedication plat; a deed or easement for a road, street, or highway purpose; or any other division of land authorized by law.
Section 17-79-102(83)(c)Verify source
§ 17-79-102(83)(c)(i)Subsection 17-79-102(83)(c)(i)Provision

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a bona fide division or partition of agricultural land for agricultural purposes;

a bona fide division or partition of agricultural land for agricultural purposes;
Section 17-79-102(83)(c)(i)Verify source
§ 17-79-102(83)(c)(ii)Subsection 17-79-102(83)(c)(ii)Provision

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This provision defines a recorded conveyance document as one that consolidates multiple lots or parcels into one legal description, or joins a lot to a parcel.

a recorded conveyance document: consolidating multiple lots or parcels into one legal description encompassing all lots by reference to a recorded plat and all parcels by metes and bounds description; or joining a lot to a parcel;
Section 17-79-102(83)(c)(ii)Verify source
§ 17-79-102(83)(c)(ii)(A)Subsection 17-79-102(83)(c)(ii)(A)Provision

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consolidating multiple lots or parcels into one legal description encompassing all lots by reference to a recorded plat and all parcels by metes and bounds description; or

consolidating multiple lots or parcels into one legal description encompassing all lots by reference to a recorded plat and all parcels by metes and bounds description; or
Section 17-79-102(83)(c)(ii)(A)Verify source
§ 17-79-102(83)(c)(ii)(B)Subsection 17-79-102(83)(c)(ii)(B)Provision

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joining a lot to a parcel;

joining a lot to a parcel;
Section 17-79-102(83)(c)(ii)(B)Verify source
§ 17-79-102(83)(c)(iii)Subsection 17-79-102(83)(c)(iii)Provision

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Defines a bona fide division or partition of land in a county other than a first class county for siting certain utility facilities on resulting parcels.

a bona fide division or partition of land in a county other than a first class county for the purpose of siting, on one or more of the resulting separate parcels: an electrical transmission line or a substation; a natural gas pipeline or a regulation station; or an unmanned telecommunications, microwave, fiber optic, electrical, or other utility service regeneration, transformation, retransmission, or amplification facility;
Section 17-79-102(83)(c)(iii)Verify source
§ 17-79-102(83)(c)(iii)(A)Subsection 17-79-102(83)(c)(iii)(A)Provision

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an electrical transmission line or a substation;

an electrical transmission line or a substation;
Section 17-79-102(83)(c)(iii)(A)Verify source
§ 17-79-102(83)(c)(iii)(B)Subsection 17-79-102(83)(c)(iii)(B)Provision

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a natural gas pipeline or a regulation station; or

a natural gas pipeline or a regulation station; or
Section 17-79-102(83)(c)(iii)(B)Verify source
§ 17-79-102(83)(c)(iii)(C)Subsection 17-79-102(83)(c)(iii)(C)Provision

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an unmanned telecommunications, microwave, fiber optic, electrical, or other utility service regeneration, transformation, retransmission, or amplification facility;

an unmanned telecommunications, microwave, fiber optic, electrical, or other utility service regeneration, transformation, retransmission, or amplification facility;
Section 17-79-102(83)(c)(iii)(C)Verify source
§ 17-79-102(83)(c)(iv)Subsection 17-79-102(83)(c)(iv)Provision

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a bona fide division of land by deed or other instrument if the deed or other instrument states in writing that the division: is in anticipation of future land use approvals on the parcel or parcels; does not confer any land use approvals;

a bona fide division of land by deed or other instrument if the deed or other instrument states in writing that the division: is in anticipation of future land use approvals on the parcel or parcels; does not confer any land use approvals; and has not been approved by the land use authority;
Section 17-79-102(83)(c)(iv)Verify source
§ 17-79-102(83)(c)(iv)(A)Subsection 17-79-102(83)(c)(iv)(A)Provision

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is in anticipation of future land use approvals on the parcel or parcels;

is in anticipation of future land use approvals on the parcel or parcels;
Section 17-79-102(83)(c)(iv)(A)Verify source
§ 17-79-102(83)(c)(iv)(B)Subsection 17-79-102(83)(c)(iv)(B)Provision

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does not confer any land use approvals; and

does not confer any land use approvals; and
Section 17-79-102(83)(c)(iv)(B)Verify source
§ 17-79-102(83)(c)(iv)(C)Subsection 17-79-102(83)(c)(iv)(C)Provision

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has not been approved by the land use authority;

has not been approved by the land use authority;
Section 17-79-102(83)(c)(iv)(C)Verify source
§ 17-79-102(83)(c)(v)Subsection 17-79-102(83)(c)(v)Provision

Source excerpt

a boundary adjustment;

a boundary adjustment;
Section 17-79-102(83)(c)(v)Verify source
§ 17-79-102(83)(c)(vi)Subsection 17-79-102(83)(c)(vi)Provision

Source excerpt

a boundary establishment;

a boundary establishment;
Section 17-79-102(83)(c)(vi)Verify source
§ 17-79-102(83)(c)(vii)Subsection 17-79-102(83)(c)(vii)Provision

Source excerpt

a road, street, or highway dedication plat;

a road, street, or highway dedication plat;
Section 17-79-102(83)(c)(vii)Verify source
§ 17-79-102(83)(c)(viii)Subsection 17-79-102(83)(c)(viii)Provision

Source excerpt

a deed or easement for a road, street, or highway purpose; or

a deed or easement for a road, street, or highway purpose; or
Section 17-79-102(83)(c)(viii)Verify source
§ 17-79-102(83)(c)(ix)Subsection 17-79-102(83)(c)(ix)Provision

Source excerpt

any other division of land authorized by law.

any other division of land authorized by law.
Section 17-79-102(83)(c)(ix)Verify source
§ 17-79-102(84)Subsection 17-79-102(84)Amendment

Source excerpt

This subsection defines “subdivision amendment” as a recorded subdivision amendment under Section 17-79-711 that vacates part or all of a subdivision, increases lots, or alters certain rights-of-way, easements, infrastructure, common areas, or amenities; it excludes a simple boundary adjustment.

"Subdivision amendment" means an amendment to a recorded subdivision in accordance with Section 17-79-711 that: vacates all or a portion of the subdivision; increases the number of lots within the subdivision; alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or alters a common area or other common amenity within the subdivision. "Subdivision amendment" does not include a simple boundary adjustment.
Section 17-79-102(84)Verify source
§ 17-79-102(84)(a)Subsection 17-79-102(84)(a)Amendment

Source excerpt

"Subdivision amendment" means an amendment to a recorded subdivision under Section 17-79-711 that vacates part or all of the subdivision, increases the number of lots, alters public infrastructure or rights-of-way/easements, or changes a common area or common amenity.

"Subdivision amendment" means an amendment to a recorded subdivision in accordance with Section 17-79-711 that: vacates all or a portion of the subdivision; increases the number of lots within the subdivision; alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or alters a common area or other common amenity within the subdivision.
Section 17-79-102(84)(a)Verify source
§ 17-79-102(84)(a)(i)Subsection 17-79-102(84)(a)(i)Provision

Source excerpt

vacates all or a portion of the subdivision;

vacates all or a portion of the subdivision;
Section 17-79-102(84)(a)(i)Verify source
§ 17-79-102(84)(a)(ii)Subsection 17-79-102(84)(a)(ii)Provision

Source excerpt

increases the number of lots within the subdivision;

increases the number of lots within the subdivision;
Section 17-79-102(84)(a)(ii)Verify source
§ 17-79-102(84)(a)(iii)Subsection 17-79-102(84)(a)(iii)Provision

Source excerpt

alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or

alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or
Section 17-79-102(84)(a)(iii)Verify source
§ 17-79-102(84)(a)(iv)Subsection 17-79-102(84)(a)(iv)Provision

Source excerpt

alters a common area or other common amenity within the subdivision.

alters a common area or other common amenity within the subdivision.
Section 17-79-102(84)(a)(iv)Verify source
§ 17-79-102(84)(b)Subsection 17-79-102(84)(b)Amendment

Source excerpt

"Subdivision amendment" does not include a simple boundary adjustment.

"Subdivision amendment" does not include a simple boundary adjustment.
Section 17-79-102(84)(b)Verify source
§ 17-79-102(85)Subsection 17-79-102(85)Provision

Source excerpt

"Substantial evidence" means evidence beyond a scintilla that a reasonable mind would accept as adequate to support a conclusion.

"Substantial evidence" means evidence that: is beyond a scintilla; and a reasonable mind would accept as adequate to support a conclusion.
Section 17-79-102(85)Verify source
§ 17-79-102(85)(a)Subsection 17-79-102(85)(a)Provision

Source excerpt

is beyond a scintilla; and

is beyond a scintilla; and
Section 17-79-102(85)(a)Verify source
§ 17-79-102(85)(b)Subsection 17-79-102(85)(b)Provision

Source excerpt

a reasonable mind would accept as adequate to support a conclusion.

a reasonable mind would accept as adequate to support a conclusion.
Section 17-79-102(85)(b)Verify source
§ 17-79-102(86)Subsection 17-79-102(86)Provision

Source excerpt

“Suspect soil” is defined as soil or bedrock with high shrink/swell behavior, including clay-rich soil with more than 3% swell potential, and certain gypsum-bearing materials linked to dissolution and collapse features.

"Suspect soil" means soil that has: a high susceptibility for volumetric change, typically clay rich, having more than a 3% swell potential; bedrock units with high shrink or swell susceptibility; or gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum commonly associated with dissolution and collapse features.
Section 17-79-102(86)Verify source
§ 17-79-102(86)(a)Subsection 17-79-102(86)(a)Provision

Source excerpt

The provision describes material with high volumetric-change susceptibility, typically clay rich, and a swell potential of more than 3%.

a high susceptibility for volumetric change, typically clay rich, having more than a 3% swell potential;
Section 17-79-102(86)(a)Verify source
§ 17-79-102(86)(b)Subsection 17-79-102(86)(b)Provision

Source excerpt

bedrock units with high shrink or swell susceptibility; or

bedrock units with high shrink or swell susceptibility; or
Section 17-79-102(86)(b)Verify source
§ 17-79-102(86)(c)Subsection 17-79-102(86)(c)Provision

Source excerpt

gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum commonly associated with dissolution and collapse features.

gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum commonly associated with dissolution and collapse features.
Section 17-79-102(86)(c)Verify source
§ 17-79-102(87)Subsection 17-79-102(87)Provision

Source excerpt

"Therapeutic school" means a residential group living facility: for four or more individuals who are not related to: the owner of the facility; or the primary service provider of the facility; that serves students who have a history of

"Therapeutic school" means a residential group living facility: for four or more individuals who are not related to: the owner of the facility; or the primary service provider of the facility; that serves students who have a history of failing to function: at home; in a public school; or in a nonresidential private school; and that offers: room and board; and an academic education integrated with: specialized structure and supervision; or services or treatment related to a disability, an emotional development, a behavioral development, a familial development, or a social development.
Section 17-79-102(87)Verify source
§ 17-79-102(87)(a)Subsection 17-79-102(87)(a)Provision

Source excerpt

for four or more individuals who are not related to: the owner of the facility; or the primary service provider of the facility;

for four or more individuals who are not related to: the owner of the facility; or the primary service provider of the facility;
Section 17-79-102(87)(a)Verify source
§ 17-79-102(87)(a)(i)Subsection 17-79-102(87)(a)(i)Provision

Source excerpt

Refers to the owner of the facility.

the owner of the facility; or
Section 17-79-102(87)(a)(i)Verify source
§ 17-79-102(87)(a)(ii)Subsection 17-79-102(87)(a)(ii)Provision

Source excerpt

Refers to the facility’s primary service provider.

the primary service provider of the facility;
Section 17-79-102(87)(a)(ii)Verify source
§ 17-79-102(87)(b)Subsection 17-79-102(87)(b)Provision

Source excerpt

that serves students who have a history of failing to function: at home; in a public school; or in a nonresidential private school; and

that serves students who have a history of failing to function: at home; in a public school; or in a nonresidential private school; and
Section 17-79-102(87)(b)Verify source
§ 17-79-102(87)(b)(i)Subsection 17-79-102(87)(b)(i)Provision

Source excerpt

at home;

at home;
Section 17-79-102(87)(b)(i)Verify source
§ 17-79-102(87)(b)(ii)Subsection 17-79-102(87)(b)(ii)Provision

Source excerpt

in a public school; or

in a public school; or
Section 17-79-102(87)(b)(ii)Verify source
§ 17-79-102(87)(b)(iii)Subsection 17-79-102(87)(b)(iii)Provision

Source excerpt

in a nonresidential private school; and

in a nonresidential private school; and
Section 17-79-102(87)(b)(iii)Verify source
§ 17-79-102(87)(c)Subsection 17-79-102(87)(c)Provision

Source excerpt

that offers: room and board; and an academic education integrated with: specialized structure and supervision; or services or treatment related to a disability, an emotional development, a behavioral development, a familial development, or

that offers: room and board; and an academic education integrated with: specialized structure and supervision; or services or treatment related to a disability, an emotional development, a behavioral development, a familial development, or a social development.
Section 17-79-102(87)(c)Verify source
§ 17-79-102(87)(c)(i)Subsection 17-79-102(87)(c)(i)Provision

Source excerpt

room and board; and

room and board; and
Section 17-79-102(87)(c)(i)Verify source
§ 17-79-102(87)(c)(ii)Subsection 17-79-102(87)(c)(ii)Provision

Source excerpt

an academic education integrated with: specialized structure and supervision; or services or treatment related to a disability, an emotional development, a behavioral development, a familial development, or a social development.

an academic education integrated with: specialized structure and supervision; or services or treatment related to a disability, an emotional development, a behavioral development, a familial development, or a social development.
Section 17-79-102(87)(c)(ii)Verify source
§ 17-79-102(87)(c)(ii)(A)Subsection 17-79-102(87)(c)(ii)(A)Provision

Source excerpt

specialized structure and supervision; or

specialized structure and supervision; or
Section 17-79-102(87)(c)(ii)(A)Verify source
§ 17-79-102(87)(c)(ii)(B)Subsection 17-79-102(87)(c)(ii)(B)Provision

Source excerpt

services or treatment related to a disability, an emotional development, a behavioral development, a familial development, or a social development.

services or treatment related to a disability, an emotional development, a behavioral development, a familial development, or a social development.
Section 17-79-102(87)(c)(ii)(B)Verify source
§ 17-79-102(88)Subsection 17-79-102(88)Provision

Source excerpt

This subsection defines “transferable development right.”

"Transferable development right" means a right to develop and use land that originates by an ordinance that authorizes a property owner in a designated sending zone to transfer land use rights from a designated sending zone to a designated receiving zone.
Section 17-79-102(88)Verify source
§ 17-79-102(89)Subsection 17-79-102(89)Provision

Source excerpt

“Unincorporated” means land outside the incorporated area of a municipality.

"Unincorporated" means the area outside of the incorporated area of a municipality.
Section 17-79-102(89)Verify source
§ 17-79-102(90)Subsection 17-79-102(90)Provision

Source excerpt

“Water interest” means a right to the beneficial use of water, including certain listed water rights and ownership interests represented by a contract or a share in a water company.

"Water interest" means any right to the beneficial use of water, including: each of the rights listed in Section 73-1-11 ; and an ownership interest in the right to the beneficial use of water represented by: a contract; or a share in a water company, as defined in Section 73-3-3.5 .
Section 17-79-102(90)Verify source
§ 17-79-102(90)(a)Subsection 17-79-102(90)(a)Provision

Source excerpt

each of the rights listed in Section 73-1-11 ; and

each of the rights listed in Section 73-1-11 ; and
Section 17-79-102(90)(a)Verify source
§ 17-79-102(90)(b)Subsection 17-79-102(90)(b)Provision

Source excerpt

an ownership interest in the right to the beneficial use of water represented by: a contract; or a share in a water company, as defined in Section 73-3-3.5 .

an ownership interest in the right to the beneficial use of water represented by: a contract; or a share in a water company, as defined in Section 73-3-3.5 .
Section 17-79-102(90)(b)Verify source
§ 17-79-102(90)(b)(i)Subsection 17-79-102(90)(b)(i)Provision

Source excerpt

a contract; or

a contract; or
Section 17-79-102(90)(b)(i)Verify source
§ 17-79-102(90)(b)(ii)Subsection 17-79-102(90)(b)(ii)Provision

Source excerpt

This provision defines a “share in a water company” as stated in Section 73-3-3.5.

a share in a water company, as defined in Section 73-3-3.5 .
Section 17-79-102(90)(b)(ii)Verify source
§ 17-79-102(91)Subsection 17-79-102(91)Provision

Source excerpt

“Zoning map” means a map adopted as part of a land use ordinance that shows land use zones, overlays, or districts.

"Zoning map" means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts.
Section 17-79-102(91)Verify source

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