(1) With respect to the use or development of state-owned land, the fairpark district is not subject to:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 11-70-206

  • Base taxable value: means the taxable value of land within the fairpark district boundary as of January 1, 2024, as determined under Subsection 11-70-206(9). See Utah Code 11-70-101
  • Board: means the fairpark district's governing body, created in Section 11-70-301. See Utah Code 11-70-101
  • Development: means :
         (5)(a) the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including public infrastructure and improvements; and
         (5)(b) the planning of, arranging for, or participation in any of the activities listed in Subsection (5)(a). See Utah Code 11-70-101
  • Fairpark district: means the Utah Fairpark Area Investment and Restoration District, created in Section 11-70-201. See Utah Code 11-70-101
  • Fairpark district boundary: means a line or set of lines that:
         (12)(a) defines the geographic boundary of the fairpark district, consisting of the interior space within each polygon described by the line or set of lines; and
         (12)(b) is delineated in the electronic shapefile that is the electronic component of H. See Utah Code 11-70-101
  • Host municipality: means the municipality whose boundary includes the land within the fairpark district boundary. See Utah Code 11-70-101
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Project area: means land described in a project area plan or draft project area plan, where the development project set forth in the project area plan or draft project area plan takes place or is proposed to take place. See Utah Code 11-70-101
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Qualified owner: means an owner of at least 65 contiguous acres of privately owned land within the fairpark district boundary, or the owner's affiliate. See Utah Code 11-70-101
  • Qualified stadium: includes parking structures or facilities, lighting facilities, plazas, and open space associated with a stadium described in Subsection (31)(a). See Utah Code 11-70-101
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State-owned land: means :
         (35)(a) fair park land; and
         (35)(b) other state land. See Utah Code 11-70-101
     (1)(a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; or
     (1)(b) the jurisdiction of a special district under Title 17B, Limited Purpose Local Government Entities – Special Districts, or a special service district under Title 17D, Chapter 1, Special Service District Act, except to the extent that:

          (1)(b)(i) some or all of the state land is, on January 1, 2024, included within the boundary of a special district or special service district; and
          (1)(b)(ii) the fairpark district elects to receive service from the special district or special service district for the state land that is included within the boundary of the special district or special service district, respectively.
(2) The fairpark district has and may exercise all powers relating to the regulation of land uses on state-owned land.
(3)

     (3)(a) Subject to Subsection (3)(b), the fairpark district has and may exercise all powers relating to the regulation of land uses on privately owned land within the fairpark district boundary.
     (3)(b)

          (3)(b)(i) Land owned by a qualified owner is subject to a host municipality‘s land use authority under Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act, if the qualified owner and the host municipality enter into an agreement, as provided in Subsection (3)(b)(ii), no later than December 31, 2024.
          (3)(b)(ii)

               (3)(b)(ii)(A) An agreement under Subsection (3)(b)(i) shall require the host municipality to provide an expedited process for the review and approval of a qualified owner’s completed land use application that complies with adopted land use regulations.
               (3)(b)(ii)(B) In an agreement under Subsection (3)(b)(i), the host municipality shall agree to vest the qualified owner in any approved land use for a qualified stadium and related uses.
     (3)(c) A host municipality may not prohibit or condition the use of a qualified owner’s land for a qualified stadium.
     (3)(d) In making land use decisions affecting land within the fairpark district boundary that is subject to a host municipality’s land use authority under this Subsection (3), the legislative body of the host municipality shall consider input from the board.
(4) No later than December 31, 2024, the host municipality and the host municipality’s community reinvestment agency shall take all necessary actions to withdraw from the fairpark district boundary any area that is within a project area of the community reinvestment agency.
(5) A department, division, or other agency of the state and a political subdivision of the state shall cooperate with the fairpark district to the fullest extent possible to provide whatever support, information, or other assistance the board requests that is reasonably necessary to help the fairpark district fulfill its duties and responsibilities under this chapter.
(6)

     (6)(a) A host municipality shall provide the same municipal services to the area of the municipality that is within the fairpark district boundary as the municipality provides to other areas of the municipality with similar zoning and a similar development level.
     (6)(b) The level and quality of municipal services that a host municipality provides within the fairpark district boundary shall be fairly and reasonably consistent with the level and quality of municipal services that the municipality provides to other areas of the municipality with similar zoning and a similar development level.
     (6)(c) No later than December 31, 2024, the fairpark district and host municipality shall enter into an agreement providing for the fairpark district to reimburse the host municipality for services the host municipality provides to a project area.
(7)

     (7)(a) The fairpark district may request and, upon request, shall receive:

          (7)(a)(i) fuel dispensing and motor pool services provided by the Division of Fleet Operations;
          (7)(a)(ii) surplus property services provided by the Division of Purchasing and General Services;
          (7)(a)(iii) information technology services provided by the Division of Technology Services;
          (7)(a)(iv) archive services provided by the Division of Archives and Records Service;
          (7)(a)(v) financial services provided by the Division of Finance;
          (7)(a)(vi) human resources services provided by the Division of Human Resource Management;
          (7)(a)(vii) legal services provided by the Office of the Attorney General; and
          (7)(a)(viii) banking services provided by the Office of the State Treasurer.
     (7)(b) Nothing in Subsection (6)(a) may be construed to relieve the fairpark district of the obligation to pay the applicable fee for the service provided.
(8)

     (8)(a) To govern fairpark district procurements, the board shall adopt a procurement policy that the board reasonably determines to substantially fulfill the purposes described in Section 63G-6a-102.
     (8)(b) The board may delegate to the executive director the responsibility to adopt a procurement policy.
     (8)(c) The board’s determination under Subsection (7)(a) is final and conclusive.
(9) No later than December 31, 2024, the board and the assessor of the county in which the fairpark district is located shall together determine the base taxable value of privately owned property within the fairpark district boundary.
(10)

     (10)(a) As used in this Subsection (10):

          (10)(a)(i) “District ZIP area” means a ZIP area a majority of which includes land within the fairpark district boundary.
          (10)(a)(ii) “ZIP area” means an area defined by the ZIP Code, as defined in Section 59-12-102, plus the four-digit deliver route extension.
     (10)(b) No later than June 1, 2024, the State Tax Commission shall:

          (10)(b)(i) define the area that consists of all district zip areas; and
          (10)(b)(ii) provide a description of the area under Subsection (9)(b)(i) to the host municipality and the board.
     (10)(c) The State Tax Commission shall annually:

          (10)(c)(i) update the definition of the area under Subsection (10)(b)(i); and
          (10)(c)(ii) provide the updated description to the host municipality and the board.