(1) As used in this section:

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Terms Used In Utah Code 17-27a-535

  • Development activity: means :
         (13)(a) any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities;
         (13)(b) any change in use of a building or structure that creates additional demand and need for public facilities; or
         (13)(c) any change in the use of land that creates additional demand and need for public facilities. See Utah Code 17-27a-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
     (1)(a) “Affected land” means the same as that term is defined in Section 10-9a-539.
     (1)(b) “Airspace approval” means the same as that term is defined in Section 10-9a-539.
     (1)(c) “Live load” means the same as that term is defined in Section 10-9a-539.
     (1)(d) “Permit period” means the same as that term is defined in Section 10-9a-539.
     (1)(e) “Tower crane” means the same as that term is defined in Section 10-9a-539.
(2) Except as provided in Subsection (3), a county may not require airspace approval as a condition for the county’s:

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