Utah Code > Title 10 > Chapter 2 > Part 3 – Classification of Municipalities


§ 10-2-301	Classification of municipalities according to population
§ 10-2-302	Change of class of municipality
§ 10-2-303	Effect of change in class
§ 10-2-306	Judicial notice taken of existence and class

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Terms Used In Utah Code > Title 10 > Chapter 2 > Part 3 - Classification of Municipalities

Affected entity: means a county, municipality, special district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, property owner, property owners association, or the Department of Transportation, if:
     (3)(a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;
     (3)(b) the entity has filed with the municipality a copy of the entity's general or long-range plan; or
     (3)(c) the entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 10-9a-103
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 10-9a-103
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Charter school: means :
          (7)(a)(i) an operating charter school;
          (7)(a)(ii) a charter school applicant that a charter school authorizer approves in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
          (7)(a)(iii) an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. See Utah Code 10-9a-103
City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Contiguous: means :
(2)(a) if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and
(2)(b) if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104
Contract: A legal written agreement that becomes binding when signed.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Counterclaim: A claim that a defendant makes against a plaintiff.
County executive: means :
     (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
     (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Deed: The legal instrument used to transfer title in real property from one person to another.
Devise: To gift property by will.
Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. See Utah Code 10-9a-103
Division: means the Division of Consumer Protection. See Utah Code 13-10a-2
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
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.
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Fixed: means embodied in a recording or other tangible medium of expression, by or under the authority of the author, so that the matter embodied in the recording or other tangible medium of expression is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. See Utah Code 13-10-3
Flood plain: means land that:
(16)(a) is within the 100-year flood plain designated by the Federal Emergency Management Agency; or
(16)(b) has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain designated by the Federal Emergency Management Agency. See Utah Code 10-9a-103
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103
Geologic hazard: means :
     (18)(a) a surface fault rupture;
     (18)(b) shallow groundwater;
     (18)(c) liquefaction;
     (18)(d) a landslide;
     (18)(e) a debris flow;
     (18)(f) unstable soil;
     (18)(g) a rock fall; or
     (18)(h) any other geologic condition that presents a risk:
          (18)(h)(i) to life;
          (18)(h)(ii) of substantial loss of real property; or
          (18)(h)(iii) of substantial damage to real property. See Utah Code 10-9a-103
Highway: includes :
     (15)(a) a public bridge;
     (15)(b) a county way;
     (15)(c) a county road;
     (15)(d) a common road; and
     (15)(e) a state road. See Utah Code 68-3-12.5
Identical plans: means building plans submitted to a municipality that:
     (22)(a) are clearly marked as "identical plans";
     (22)(b) are substantially identical to building plans that were previously submitted to and reviewed and approved by the municipality; and
     (22)(c) describe a building that:
          (22)(c)(i) is located on land zoned the same as the land on which the building described in the previously approved plans is located;
          (22)(c)(ii) is subject to the same geological and meteorological conditions and the same law as the building described in the previously approved plans;
          (22)(c)(iii) has a floor plan identical to the building plan previously submitted to and reviewed and approved by the municipality; and
          (22)(c)(iv) does not require any additional engineering or analysis. See Utah Code 10-9a-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 municipality to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to:
(24)(a) recording a subdivision plat; or
(24)(b) development of a commercial, industrial, mixed use, or multifamily project. See Utah Code 10-9a-103
Improvement warranty: means an applicant's unconditional warranty that the applicant's installed and accepted landscaping or infrastructure improvement:
(25)(a) complies with the municipality's written standards for design, materials, and workmanship; and
(25)(b) will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period. See Utah Code 10-9a-103
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that:
     (27)(a) is required for human occupation; and
     (27)(b) an applicant must install:
          (27)(b)(i) in accordance with published installation and inspection specifications for public improvements; and
          (27)(b)(ii) whether the improvement is public or private, as a condition of:
               (27)(b)(ii)(A) recording a subdivision plat;
               (27)(b)(ii)(B) obtaining a building permit; or
               (27)(b)(ii)(C) development of a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 10-9a-103
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
Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 10-9a-103
Land use authority: means :
(31)(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
(31)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103
Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
(32)(a) a land use permit; or
(32)(b) a land use application. See Utah Code 10-9a-103
Land use permit: means a permit issued by a land use authority. See Utah Code 10-9a-103
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Legislative body: means the municipal council. See Utah Code 10-9a-103
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Local historic district or area: means a geographically definable area that:
(36)(a) contains any combination of buildings, structures, sites, objects, landscape features, archeological sites, or works of art that contribute to the historic preservation goals of a legislative body; and
(36)(b) is subject to land use regulations to preserve the historic significance of the local historic district or area. See Utah Code 10-9a-103
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 10-9a-103
Lot line adjustment: means a relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels in accordance with Section 10-9a-608:
(38)(a)(i) whether or not the lots are located in the same subdivision; and
(38)(a)(ii) with the consent of the owners of record. See Utah Code 10-9a-103
Major transit investment corridor: means public transit service that uses or occupies:
     (39)(a) public transit rail right-of-way;
     (39)(b) dedicated road right-of-way for the use of public transit, such as bus rapid transit; or
     (39)(c) fixed-route bus corridors subject to an interlocal agreement or contract between a municipality or county and:
          (39)(c)(i) a public transit district as defined in Section 17B-2a-802; or
          (39)(c)(ii) an eligible political subdivision as defined in Section 59-12-2219. See Utah Code 10-9a-103
Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the city is located. See Utah Code 10-9a-103
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
Municipal utility easement: means an easement that:
     (42)(a) is created or depicted on a plat recorded in a county recorder's office and is described as a municipal utility easement granted for public use;
     (42)(b) is not a protected utility easement or a public utility easement as defined in Section 54-3-27;
     (42)(c) the municipality or the municipality's affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data lines;
     (42)(d) is used or occupied with the consent of the municipality in accordance with an authorized franchise or other agreement;
     (42)(e)
          (42)(e)(i) is used or occupied by a specified public utility in accordance with an authorized franchise or other agreement; and
          (42)(e)(ii) is located in a utility easement granted for public use; or
     (42)(f) is described in Section 10-9a-529 and is used by a specified public utility. 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
Owner: means the person, corporation, partnership, or business association who owns the sounds fixed in a master phonograph record, master disc, master wire, master tape, master film, or other device used for reproducing recorded sounds on phonograph records, discs, wires, tapes, films, or other articles or materials in which sound is recorded and from which the transferred recorded sounds are directly or indirectly derived. See Utah Code 13-10-3
Parcel: means any real property that is not a lot. See Utah Code 10-9a-103
Parcel boundary adjustment: means a recorded agreement between owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement in accordance with Section 10-9a-524, if no additional parcel is created and:
(48)(a)(i) none of the property identified in the agreement is a lot; or
(48)(a)(ii) the adjustment is to the boundaries of a single person's parcels. See Utah Code 10-9a-103
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Performing rights society or organization: means an association, corporation, or other entity that licenses the nondramatic public performance of musical works on behalf of copyright owners, such as the American Society of Composers, Authors, and Publishers (ASCAP), Broadcast Music, Inc. See Utah Code 13-10a-2
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103
Person: means :
     (24)(a) an individual;
     (24)(b) an association;
     (24)(c) an institution;
     (24)(d) a corporation;
     (24)(e) a company;
     (24)(f) a trust;
     (24)(g) a limited liability company;
     (24)(h) a partnership;
     (24)(i) a political subdivision;
     (24)(j) a government office, department, division, bureau, or other body of government; and
     (24)(k) any other organization or entity. See Utah Code 68-3-12.5
Personal property: All property that is not real property.
Personal property: includes :
     (25)(a) money;
     (25)(b) goods;
     (25)(c) chattels;
     (25)(d) effects;
     (25)(e) evidences of a right in action;
     (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
     (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
Plan for moderate income housing: means a written document adopted by a municipality's legislative body that includes:
     (50)(a) an estimate of the existing supply of moderate income housing located within the municipality;
     (50)(b) an estimate of the need for moderate income housing in the municipality for the next five years;
     (50)(c) a survey of total residential land use;
     (50)(d) an evaluation of how existing land uses and zones affect opportunities for moderate income housing; and
     (50)(e) a description of the municipality's program to encourage an adequate supply of moderate income housing. See Utah Code 10-9a-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 10-9a-603 or 57-8-13. See Utah Code 10-9a-103
Potential geologic hazard area: means an area that:
(52)(a) is designated by a Utah Geological Survey map, county geologist map, or other relevant map or report as needing further study to determine the area's potential for geologic hazard; or
(52)(b) has not been studied by the Utah Geological Survey or a county geologist but presents the potential of geologic hazard because the area has characteristics similar to those of a designated geologic hazard area. See Utah Code 10-9a-103
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Property: includes both real and personal property. See Utah Code 68-3-12.5
Proprietor: means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility, not for profit organization, or any other place of business or professional office located in this state in which:
(5)(a) the public may assemble; and
(5)(b) musical works may be performed, broadcast, or otherwise transmitted for the enjoyment of the members of the public there assembled. See Utah Code 13-10a-2
Public agency: means :
     (53)(a) the federal government;
     (53)(b) the state;
     (53)(c) a county, municipality, school district, special district, special service district, or other political subdivision of the state; or
     (53)(d) a charter school. See Utah Code 10-9a-103
Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 10-9a-103
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. See Utah Code 10-9a-103
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
real property: includes :
     (31)(a) land;
     (31)(b) a tenement;
     (31)(c) a hereditament;
     (31)(d) a water right;
     (31)(e) a possessory right; and
     (31)(f) a claim. See Utah Code 68-3-12.5
Receiving zone: means an area of a municipality that the municipality designates, by ordinance, as an area in which an owner of land may receive a transferable development right. See Utah Code 10-9a-103
Record of survey map: means a map of a survey of land prepared in accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13. See Utah Code 10-9a-103
Residential facility for persons with a disability: means a residence:
     (59)(a) in which more than one person with a disability resides; and
     (59)(b) which is licensed or certified by the Department of Health and Human Services under:
          (59)(b)(i) Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or
          (59)(b)(ii) Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection. See Utah Code 10-9a-103
Residential roadway: means a public local residential road that:
     (60)(a) will serve primarily to provide access to adjacent primarily residential areas and property;
     (60)(b) is designed to accommodate minimal traffic volumes or vehicular traffic;
     (60)(c) is not identified as a supplementary to a collector or other higher system classified street in an approved municipal street or transportation master plan;
     (60)(d) has a posted speed limit of 25 miles per hour or less;
     (60)(e) does not have higher traffic volumes resulting from connecting previously separated areas of the municipal road network;
     (60)(f) 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
     (60)(g) primarily serves traffic within a neighborhood or limited residential area and is not necessarily continuous through several residential areas. See Utah Code 10-9a-103
Road: includes :
     (33)(a) a public bridge;
     (33)(b) a county way;
     (33)(c) a county road;
     (33)(d) a common road; and
     (33)(e) a state road. See Utah Code 68-3-12.5
royalties: means the fees payable by a proprietor to a performing rights society for the nondramatic public performance of musical or other similar works. See Utah Code 13-10a-2
Rules of order and procedure: means a set of rules that govern and prescribe in a public meeting:
     (61)(a) parliamentary order and procedure;
     (61)(b) ethical behavior; and
     (61)(c) civil discourse. See Utah Code 10-9a-103
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. See Utah Code 10-9a-103
Sending zone: means an area of a municipality that the municipality designates, by ordinance, as an area from which an owner of land may transfer a transferable development right. See Utah Code 10-9a-103
Special district: means an entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and any other governmental or quasi-governmental entity that is not a county, municipality, school district, or the state. See Utah Code 10-9a-103
Specified public agency: means :
     (65)(a) the state;
     (65)(b) a school district; or
     (65)(c) a charter school. See Utah Code 10-9a-103
Specified public utility: means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1. See Utah Code 10-9a-103
State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
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
Subdivision: includes :
(68)(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
(68)(b)(ii) except as provided in Subsection (68)(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 10-9a-103
Subdivision amendment: means an amendment to a recorded subdivision in accordance with Section 10-9a-608 that:
          (69)(a)(i) vacates all or a portion of the subdivision;
          (69)(a)(ii) alters the outside boundary of the subdivision;
          (69)(a)(iii) changes the number of lots within the subdivision;
          (69)(a)(iv) alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or
          (69)(a)(v) alters a common area or other common amenity within the subdivision. See Utah Code 10-9a-103
Substantial evidence: means evidence that:
(70)(a) is beyond a scintilla; and
(70)(b) a reasonable mind would accept as adequate to support a conclusion. See Utah Code 10-9a-103
Suspect soil: means soil that has:
     (71)(a) a high susceptibility for volumetric change, typically clay rich, having more than a 3% swell potential;
     (71)(b) bedrock units with high shrink or swell susceptibility; or
     (71)(c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum commonly associated with dissolution and collapse features. See Utah Code 10-9a-103
Therapeutic school: means a residential group living facility:
     (72)(a) for four or more individuals who are not related to:
          (72)(a)(i) the owner of the facility; or
          (72)(a)(ii) the primary service provider of the facility;
     (72)(b) that serves students who have a history of failing to function:
          (72)(b)(i) at home;
          (72)(b)(ii) in a public school; or
          (72)(b)(iii) in a nonresidential private school; and
     (72)(c) that offers:
          (72)(c)(i) room and board; and
          (72)(c)(ii) an academic education integrated with:
               (72)(c)(ii)(A) specialized structure and supervision; or
               (72)(c)(ii)(B) services or treatment related to a disability, an emotional development, a behavioral development, a familial development, or a social development. See Utah Code 10-9a-103
Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transferable development right: means a right to develop and use land that originates by an ordinance that authorizes a land owner in a designated sending zone to transfer land use rights from a designated sending zone to a designated receiving zone. See Utah Code 10-9a-103
Unincorporated: means the area outside of the incorporated area of a city or town. See Utah Code 10-9a-103
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Water interest: means any right to the beneficial use of water, including:
     (75)(a) each of the rights listed in Section 73-1-11; and
     (75)(b) an ownership interest in the right to the beneficial use of water represented by:
          (75)(b)(i) a contract; or
          (75)(b)(ii) a share in a water company, as defined in Section Utah Code 10-9a-103
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
Zoning map: means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts. See Utah Code 10-9a-103