(1) As used in this section:

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Terms Used In Utah Code 10-9a-539

  • Development activity: means :
         (11)(a) any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities;
         (11)(b) any change in use of a building or structure that creates additional demand and need for public facilities; or
         (11)(c) any change in the use of land that creates additional demand and need for public facilities. See Utah Code 10-9a-103
  • 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
  • Land use permit: means a permit issued by a land use authority. See Utah Code 10-9a-103
  • Municipality: means :
         (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
         (5)(b) a town, as classified in Section 10-2-301; or
         (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
  • Parcel: means any real property that is not a lot. See Utah Code 10-9a-103
     (1)(a) “Affected land” means a parcel of land over which a part of a tower crane travels, other than the parcel on which the tower crane is located.
     (1)(b) “Airspace approval” means a license, easement, permission of the owner of affected land, or other approval for a part of a tower crane to travel within the air space over affected land.
     (1)(c)

          (1)(c)(i) “Live load” means material being suspended from or lifted by a tower crane.
          (1)(c)(ii) “Live load” does not include the components of a tower crane.
     (1)(d) “Permit period” means the period during which a land use permit is in effect.
     (1)(e)

          (1)(e)(i) “Tower crane” means a crane that is attached to and supported by a building or foundation.
          (1)(e)(ii) “Tower crane” does not include a crane supported by tracks or tires.
(2) Except as provided in Subsection (3), a municipality may not require airspace approval as a condition for the municipality’s:

     (2)(a) approval of a building permit; or
     (2)(b) authorization of a development activity.
(3) A municipality may require airspace approval relating to affected land as a condition for the municipality’s approval of a building permit or for the municipality’s authorization of a development activity if:

     (3)(a) the tower crane will, during the permit period or development activity, carry a live load over the affected land; or
     (3)(b) the affected land is within:

          (3)(b)(i) an airport overlay zone; or
          (3)(b)(ii) another zone designated to protect the airspace around an airport.