Utah Code 17-27a-1002. Vested critical infrastructure materials operations — Conclusive presumption
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Terms Used In Utah Code 17-27a-1002
- Critical infrastructure materials: means sand, gravel, or rock aggregate. See Utah Code 17-27a-1001
- Critical infrastructure materials operations: means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. See Utah Code 17-27a-1001
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Nonconforming use: means a use of land that:
(48)(a) legally existed before the current land use designation;(48)(b) has been maintained continuously since the time the land use ordinance regulation governing the land changed; and(48)(c) because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. See Utah Code 17-27a-103- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 17-27a-103
- Subdivision: includes :
(73)(b)(i) 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(73)(b)(ii) except as provided in Subsection (73)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 17-27a-103- Vested critical infrastructure materials operations: means critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the county that existed or was conducted or otherwise engaged in before:
(4)(a) a political subdivision prohibits, restricts, or otherwise limits the critical infrastructure materials operations; and(4)(b) January 1, 2019. See Utah Code 17-27a-1001(1)(a) Critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the county are conclusively presumed to be vested critical infrastructure materials operations if the critical infrastructure materials operations permitted by the county, existed or was conducted or otherwise engaged in before January 1, 2019 and before when a political subdivision prohibits, restricts, or otherwise limits the critical infrastructure materials operations.(1)(b) A person claiming that a vested critical infrastructure materials operations has been established has the burden of proof to show by the preponderance of the evidence that the vested critical infrastructure materials operations has been established.(2) A vested critical infrastructure materials operations:(2)(a) runs with the land; and(2)(b) may be changed to another critical infrastructure materials operations conducted within the scope of a legal nonconforming use or the permit for the vested critical infrastructure materials operations without losing its status as a vested critical infrastructure materials operations. - Nonconforming use: means a use of land that: