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Terms Used In Utah Code 17-27a-802 v2

  • Adversely affected party: means a person other than a land use applicant who:
         (2)(a) owns real property adjoining the property that is the subject of a land use application or land use decision; or
         (2)(b) will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. See Utah Code 17-27a-103
  • Improvement completion assurance: means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a county to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to:
         (26)(a) recording a subdivision plat; or
         (26)(b) development of a commercial, industrial, mixed use, or multifamily project. See Utah Code 17-27a-103
  • Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that:
         (29)(a) is required for human consumption; and
         (29)(b) an applicant must install:
              (29)(b)(i) in accordance with published installation and inspection specifications for public improvements; and
              (29)(b)(ii) as a condition of:
                   (29)(b)(ii)(A) recording a subdivision plat;
                   (29)(b)(ii)(B) obtaining a building permit; or
                   (29)(b)(ii)(C) developing a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 17-27a-103
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 17-27a-103
  • Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 17-27a-603 or 57-8-13. See Utah Code 17-27a-103
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
     (1)(a) A county or an adversely affected party may, in addition to other remedies provided by law, institute:

          (1)(a)(i) injunctions, mandamus, abatement, or any other appropriate actions; or
          (1)(a)(ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
     (1)(b) A county need only establish the violation to obtain the injunction.
(2)

     (2)(a) Except as provided in Subsections (3) and (4), a county may enforce the county’s ordinance by withholding a building permit.
     (2)(b) It is unlawful to erect, construct, reconstruct, alter, or change the use of any building or other structure within a county without approval of a building permit.
     (2)(c) The county may not issue a building permit unless the plans of and for the proposed erection, construction, reconstruction, alteration, or use fully conform to all regulations then in effect.
     (2)(d) A county may not deny an applicant a building permit or certificate of occupancy because the applicant has not completed an infrastructure improvement:

          (2)(d)(i) that is not essential to meet the requirements for the issuance of a building permit or certificate of occupancy under the building code and fire code; and
          (2)(d)(ii) for which the county has accepted an improvement completion assurance for a public landscaping improvement, as defined in Section 17-27a-604.5, or an infrastructure improvement for the development.
(3) A county may not deny an applicant a building permit or certificate of occupancy based on the lack of completion of a landscaping improvement that is not a public landscaping improvement, as defined in Section 17-27a-604.5.
(4) A county may not withhold a building permit based on the lack of completion of a portion of a public sidewalk to be constructed within a public right-of-way serving a lot where a single-family or two-family residence or town home is proposed in a building permit application if an improvement completion assurance has been posted for the incomplete portion of the public sidewalk.
(5) A county may not prohibit the construction of a single-family or two-family residence or town home, withhold recording a plat, or withhold acceptance of a public landscaping improvement, as defined in Section 17-27a-604.5, or an infrastructure improvement based on the lack of installation of a public sidewalk if an improvement completion assurance has been posted for the public sidewalk.
(6) A county may not redeem an improvement completion assurance securing the installation of a public sidewalk sooner than 18 months after the date the improvement completion assurance is posted.
(7) A county shall allow an applicant to post an improvement completion assurance for a public sidewalk separate from an improvement completion assurance for:

     (7)(a) another infrastructure improvement; or
     (7)(b) a public landscaping improvement, as defined in Section 17-27a-604.5.
(8) A county may withhold a certificate of occupancy for a single-family or two-family residence or town home until the portion of the public sidewalk to be constructed within a public right-of-way and located immediately adjacent to the single-family or two-family residence or town home is completed and accepted by the county.

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