Utah Code > Title 10 > Chapter 1 – General Provisions
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Terms Used In Utah Code > Title 10 > Chapter 1 - General Provisions
- Accessory dwelling unit: means a habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one lot. See Utah Code 10-9a-103
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Adjudicative proceeding: means :Utah Code 68-3-12.5
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Adversely affected party: means a person other than a land use applicant who:
(a) owns real property adjoining the property that is the subject of a land use application or land use decision; or (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 10-9a-103 - Advertisement: means any written, oral, or graphic statement or representation made by a supplier in connection with the solicitation of business. See Utah Code 13-11a-2
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- 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:
(a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land; (b) the entity has filed with the municipality a copy of the entity's general or long-range plan; or (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 - Affected owner: means the owner of real property that is:
(a) a single project; (b) the subject of a land use approval that sponsors of a referendum timely challenged in accordance with Subsection 20A-7-601(6); and (c) determined to be legally referable under Section 20A-7-602. See Utah Code 10-9a-103 - Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agency: means any administrative unit of Utah's state government or local government. See Utah Code 9-8-802
- Allegation: something that someone says happened.
- 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
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Appraisal: A determination of property value.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Audit: means a review by a supplier of a dealer's warranty claims records. See Utah Code 13-14b-102
- Authority: means the Utah Inland Port Authority, created in Section 11-58-201. See Utah Code 11-58-102
- Authority jurisdictional land: means land within the authority boundary delineated:
(a) in the electronic shapefile that is the electronic component of H. See Utah Code 11-58-102 - Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Billboard: means a freestanding ground sign located on industrial, commercial, or residential property if the sign is designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located. See Utah Code 10-9a-103
- Breastfeeding: includes lactation. See Utah Code 13-7a-102
- Budget: means a plan of financial operations for a fiscal period which embodies estimates of proposed expenditures for given purposes and the proposed means of financing them. See Utah Code 10-6-106
- Business enterprise: means a sole proprietorship, partnership, association, joint venture, corporation, limited liability company, or other entity used in carrying on a business. See Utah Code 13-23-2
- Buyer: means an individual who is solicited to purchase or who purchases the services of a credit services organization. See Utah Code 13-21-2
- Chapter: means a chapter, branch, area, office, or similar affiliate of a charitable organization. See Utah Code 13-22-2
- Charitable organization: includes a chapter or a person who solicits contributions within the state for a charitable organization. See Utah Code 13-22-2
- Charitable purpose: means any benevolent, educational, philanthropic, humane, patriotic, religious, eleemosynary, social welfare or advocacy, public health, environmental, conservation, civic, or other charitable objective or for the benefit of a public safety, law enforcement, or firefighter fraternal association. See Utah Code 13-22-2
- Charitable sales promotion: means an advertising or sales campaign, conducted by a commercial co-venturer, which represents that the purchase or use of goods or services offered by the commercial co-venturer will benefit, in whole or in part, a charitable organization or purpose. See Utah Code 13-22-2
- Charitable solicitation: means any request directly or indirectly for money, credit, property, financial assistance, or any other thing of value on the plea or representation that it will be used for a charitable purpose. See Utah Code 13-11-3
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Charter school: means :
(i) an operating charter school; (ii) a charter school applicant that a charter school authorizer approves in accordance with 3; or (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: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- clearly and conspicuously disclose: means :
(b) in radio advertising, to verbally state in the same volume as that used in the advertisement; (c) in television advertising, the method for print media or radio advertising is acceptable unless contrary to other governing laws. See Utah Code 13-11a-2 - Commercial co-venturer: means a person who for profit is regularly and primarily engaged in trade or commerce other than in connection with soliciting for a charitable organization or purpose. See Utah Code 13-22-2
- Commission: means the State Tax Commission. See Utah Code 10-1-303
- Commission: means the State Tax Commission. See Utah Code 10-1-402
- Commission: means the Public Service Commission. See Utah Code 54-2-1
- Commissioner: means a member of the commission. See Utah Code 54-2-1
- Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conditional use: means a land use that, because of the unique characteristics or potential impact of the land use on the municipality, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. See Utah Code 10-9a-103
- Constitutional taking: means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by the:
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or (b) Utah Constitution Article I, Section 22. See Utah Code 10-9a-103 - Consumer: means an individual who enters into an agreement or contract for the transfer, lease, purchase of a new motor vehicle other than for purposes of resale, or sublease during the duration of the period defined under Section 13-20-5. See Utah Code 13-20-2
- Consumer: means a purchaser of health spa services for consideration. See Utah Code 13-23-2
- Consumer transaction: includes :
(i) any of the following with respect to a transfer or disposition described in Subsection (2)(a): (A) an offer; (B) a solicitation; (C) an agreement; or (D) performance of an agreement; or (ii) a charitable solicitation. See Utah Code 13-11-3 - Contiguous: means :
(a) if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and (b) if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104 - Continuance: Putting off of a hearing ot trial until a later time.
- Contractual franchise fee: means :
(a) a fee: (i) provided for in a franchise agreement; and (ii) that is consideration for the franchise agreement; or (b) (i) a fee similar to Subsection (2)(a); or (ii) any combination of Subsections (2)(a) and (b). See Utah Code 10-1-303 - Contribution: means the pledge or grant for a charitable purpose of any money or property of any kind, including any of the following:
(i) a gift, subscription, loan, advance, or deposit of money or anything of value; (ii) a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for charitable purposes; or (iii) fees, dues, or assessments paid by members, when membership is conferred solely as consideration for making a contribution. See Utah Code 13-22-2 - Contributor: means a donor, pledgor, purchaser, or other person who makes a contribution. See Utah Code 13-22-2
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
- Counterclaim: A claim that a defendant makes against a plaintiff.
- County executive: means :Utah Code 68-3-12.5
- County legislative body: means :Utah Code 68-3-12.5
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Credit reporting agency: means a person who, for a monetary fee, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third persons. See Utah Code 13-21-2
- Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
- Credit services organization: means a person who represents that the person or an employee is a debt professional or credit counselor, or, with respect to the extension of credit by others, sells, provides, or performs, or represents that the person can or will sell, provide, or perform, in return for the payment of money or other valuable consideration any of the following services:
(i) improving a buyer's credit record, history, or rating; (ii) providing advice, assistance, instruction, or instructional materials to a buyer with regard to Subsection (3)(a)(i); or (iii) debt reduction or debt management plans. See Utah Code 13-21-2 - Critical infrastructure materials: means sand, gravel, or rock aggregate. See Utah Code 10-9a-901
- Critical infrastructure materials operations: means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. See Utah Code 10-9a-901
- Critical infrastructure materials operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that:
(a) owns, controls, or manages a critical infrastructure materials operations; and (b) has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations. See Utah Code 10-9a-901 - Culinary water authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. See Utah Code 10-9a-103
- Current net price: means the price charged to a dealer for repair parts as listed in the printed price list or catalog or invoice of the supplier in effect at the time a warranty claim is submitted. See Utah Code 13-14b-102
- customer: means the person who is obligated under a contract with a telecommunications provider to pay for telecommunications service received under the contract. See Utah Code 10-1-402
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- De minimis amount: means an amount of taxable energy that does not exceed the greater of:
(a) 5% of the energy supplier's estimated total Utah gross receipts from sales of property or services; or (b) $10,000. See Utah Code 10-1-303 - dealer: means a person or any other entity having a dealer agreement for selling and retailing:
(a) agricultural equipment; (b) dairy and farmstead mechanization equipment; (c) construction, utility, and industrial equipment; (d) outdoor power equipment; (e) lawn and garden equipment; or (f) attachments or repair parts for equipment listed in Subsections (4)(a) through (e). See Utah Code 13-14b-102 - Dealer agreement: means an oral or written contract or an agreement of definite or indefinite duration, between a supplier and an equipment dealer that authorizes or requires the equipment dealer to perform services or supply parts under a warranty, or to do both. See Utah Code 13-14b-102
- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Delivered value: means the fair market value of the taxable energy delivered for sale or use in the municipality and includes:
(i) the value of the energy itself; and (ii) any transportation, freight, customer demand charges, services charges, or other costs typically incurred in providing taxable energy in usable form to each class of customer in the municipality. See Utah Code 10-1-303 - Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
- Dependent: A person dependent for support upon another.
- Depository institution: is a s defined in Section 7-1-103. See Utah Code 13-5a-102
- Development: means :
(a) the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including public infrastructure and improvements; and (b) the planning of, arranging for, or participation in any of the activities listed in Subsection (7)(a). See Utah Code 11-58-102 - Development activity: means :
(a) any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities; (b) any change in use of a building or structure that creates additional demand and need for public facilities; or (c) any change in the use of land that creates additional demand and need for public facilities. See Utah Code 10-9a-103 - Development agreement: means a written agreement or amendment to a written agreement between a municipality and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 10-9a-103
- Devise: To gift property by will.
- Direct charge: means a charge, fee, assessment, or amount, other than a property tax, that a political subdivision charges to a property owner. See Utah Code 11-60-102
- Director: means the director of the Division of Consumer Protection. See Utah Code 13-22-2
- 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
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Distributor: means any person engaged in the business of renting, selling or licensing motion pictures to exhibitors. See Utah Code 13-13-2
- Division: means the Division of Consumer Protection. See Utah Code 13-10a-2
- Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-22-2
- Division: means the Division of Consumer Protection. See Utah Code 13-23-2
- Division: means the Division of State History. See Utah Code 9-8-701
- Docket: A log containing brief entries of court proceedings.
- Donor: The person who makes a gift.
- Electrical corporation: includes every corporation, cooperative association, and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any electric plant, or in any way furnishing electric power for public service or to its consumers or members for domestic, commercial, or industrial use, within this state. See Utah Code 54-2-1
- Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
- Eligible customer: means a person who:
(a) on December 31, 2013: (i) was a customer of a public utility that, on December 31, 2013, had more than 200,000 retail customers in this state; and (ii) owned an electric plant that is an electric generation plant that, on December 31, 2013, had a generation name plate capacity of greater than 150 megawatts; and (b) produces electricity: (i) from a qualifying power production facility for sale to a public utility in this state; (ii) primarily for the eligible customer's own use; or (iii) for the use of the eligible customer's tenant or affiliate. See Utah Code 54-2-1 - Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Employee: means a person who is not an elected or appointed officer and who is employed on a full- or part-time basis by a political subdivision. See Utah Code 11-57-102
- Enclosed mobile business: means a business that maintains ongoing mobility and of which the receipt of goods or services offered and point of sales occurs within an enclosed vehicle, an enclosed trailer, or an enclosed mobile structure. See Utah Code 11-56-102
- End user: means the person who uses a telecommunications service. See Utah Code 10-1-402
- Energy supplier: means a person supplying taxable energy, except that the commission may by rule exclude from this definition a person supplying a de minimis amount of taxable energy. See Utah Code 10-1-303
- Enforcing authority: means the Division of Consumer Protection. See Utah Code 13-11-3
- Enterprise regulated by the state: means :
(a) an institution subject to regulation under Title 70C, Utah Consumer Credit Code; (b) a place of business that sells an alcoholic product at retail as provided in Title 32B, Alcoholic Beverage Control Act; (c) an insurer regulated by Title 31A, Insurance Code; and (d) a public utility subject to regulation under Title 54, Public Utilities. See Utah Code 13-7-2 - Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- 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
- Event permit: means a permit that a political subdivision issues to the organizer of a mobile business event located on public property. See Utah Code 11-56-102
- Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
- Exhibitor: means any person engaged in the business of operating a theatre in this state. See Utah Code 13-13-2
- Expressive activity: means :
(a) peacefully assembling, protesting, or speaking; (b) distributing literature; (c) carrying a sign; or (d) signature gathering or circulating a petition. See Utah Code 11-61-102 - Extension of credit: means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes. See Utah Code 13-21-2
- Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
- 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.
- Fiduciary: A trustee, executor, or administrator.
- Final judgment: means a judgment, including any supporting opinion, that determines the rights of the parties and concerning which appellate remedies have been exhausted or the time for appeal has expired. See Utah Code 13-11-3
- Financial officer: means the mayor in the council-mayor optional form of government or the city official as authorized by Section 10-6-158. See Utah Code 10-6-106
- Fire authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property. See Utah Code 10-9a-103
- Fiscal period: means the annual or biennial period for accounting for fiscal operations in each city. See Utah Code 10-6-106
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- 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:
(a) is within the 100-year flood plain designated by the Federal Emergency Management Agency; or (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 - Food cart: means a cart:
(i) that is not motorized; and (ii) that a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve food or beverages for immediate human consumption. See Utah Code 11-56-102 - Food truck: means a fully encased food service establishment:
(i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport; and (ii) from which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption. See Utah Code 11-56-102 - Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Franchise agreement: means a franchise or an ordinance, contract, or agreement granting a franchise. See Utah Code 10-1-303
- Franchise tax: means :
(a) a franchise tax; (b) a tax similar to a franchise tax; or (c) any combination of Subsections (7)(a) and (b). See Utah Code 10-1-303 - Fraud: Intentional deception resulting in injury to another.
- 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
- Gas corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any gas plant for public service within this state or for the selling or furnishing of natural gas to any consumer or consumers within the state for domestic, commercial, or industrial use, except in the situation that:
(a) gas is made or produced on, and distributed by the maker or producer through, private property: (i) solely for the maker's or producer's own use or the use of the maker's or producer's tenants; and (ii) not for sale to others; (b) gas is compressed on private property solely for the owner's own use or the use of the owner's employees as a motor vehicle fuel; or (c) gas is compressed by a retailer of motor vehicle fuel on the retailer's property solely for sale as a motor vehicle fuel. See Utah Code 54-2-1 - 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 :
(a) a surface fault rupture; (b) shallow groundwater; (c) liquefaction; (d) a landslide; (e) a debris flow; (f) unstable soil; (g) a rock fall; or (h) any other geologic condition that presents a risk: (i) to life; (ii) of substantial loss of real property; or (iii) of substantial damage to real property. See Utah Code 10-9a-103 - Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Goods and services: means all items which may be the subject of a sales transaction. See Utah Code 13-11a-2
- Governing body: means a city council, or city commission, as the case may be, but the authority to make any appointment to any position created by this chapter is vested in the mayor in the council-mayor optional form of government. See Utah Code 10-6-106
- Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
- Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
- Grantor: The person who establishes a trust and places property into it.
- Gross receipts from telecommunications service: includes a charge necessary to complete a sale of a telecommunications service. See Utah Code 10-1-402
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- hazardous materials: means the same as that term is defined in Section 19-6-902. See Utah Code 10-11-1
- Health department permit: means a document that a local health department issues to authorize a mobile business to operate within the jurisdiction of the local health department. See Utah Code 11-56-102
- Health spa: means a business enterprise that provides access to a facility:
(i) for a charge or a fee; and (ii) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2 - Health spa facility: means a facility to which a business entity provides access:
(a) for a charge or a fee; and (b) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2 - Health spa service: includes a personal training service. See Utah Code 13-23-2
- Heat corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any heating plant for public service within this state. See Utah Code 54-2-1
- Highway: includes :Utah Code 68-3-12.5
- Historic preservation authority: means a person, board, commission, or other body designated by a legislative body to:
(a) recommend land use regulations to preserve local historic districts or areas; and (b) administer local historic preservation land use regulations within a local historic district or area. See Utah Code 10-9a-103 - Hookup fee: means a fee for the installation and inspection of any pipe, line, meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other utility system. See Utah Code 10-9a-103
- Ice cream truck: means a fully encased food service establishment:
(i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport; (ii) from which a vendor, from within the frame of the vehicle, serves ice cream; (iii) that attracts patrons by traveling through a residential area and signaling the truck's presence in the area, including by playing music; and (iv) that may stop to serve ice cream at the signal of a patron. See Utah Code 11-56-102 - Identical plans: means building plans submitted to a municipality that:
(a) are clearly marked as "identical plans"; (b) are substantially identical to building plans that were previously submitted to and reviewed and approved by the municipality; and (c) describe a building that: (i) is located on land zoned the same as the land on which the building described in the previously approved plans is located; (ii) is subject to the same geological and meteorological conditions and the same law as the building described in the previously approved plans; (iii) has a floor plan identical to the building plan previously submitted to and reviewed and approved by the municipality; and (iv) does not require any additional engineering or analysis. See Utah Code 10-9a-103 - Impact fee: means a payment of money imposed under Title 11, Chapter 36a, Impact Fees Act. See Utah Code 10-9a-103
- Improper means: includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. See Utah Code 13-24-2
- 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:
(a) recording a subdivision plat; or (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:
(a) complies with the municipality's written standards for design, materials, and workmanship; and (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 - Improvement warranty period: means a period:
(a) no later than one year after a municipality's acceptance of required landscaping; or (b) no later than one year after a municipality's acceptance of required infrastructure, unless the municipality: (i) determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and (ii) has substantial evidence, on record: (A) of prior poor performance by the applicant; or (B) that the area upon which the infrastructure will be constructed contains suspect soil and the municipality has not otherwise required the applicant to mitigate the suspect soil. 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:
(a) is required for human occupation; and (b) an applicant must install: (i) in accordance with published installation and inspection specifications for public improvements; and (ii) whether the improvement is public or private, as a condition of: (A) recording a subdivision plat; (B) obtaining a building permit; or (C) development of a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 10-9a-103 - Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Internal lot restriction: means a platted note, platted demarcation, or platted designation that:
(a) runs with the land; and (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on the plat; or (ii) designates a development condition that is enclosed within the perimeter of a lot described on the plat. 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.
- Jurisprudence: The study of law and the structure of the legal system.
- Land: includes :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 :
(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 (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:
(a) a land use permit; or (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
- Large-scale electric utility: means a public utility that provides retail electric service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
- Large-scale natural gas utility: means a public utility that provides retail natural gas service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- 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
- Legislative body: means the legislative body of the municipality. See Utah Code 10-15-3
- License agreement: means any contract between a distributor and an exhibitor for the exhibition of a motion picture by the exhibitor in this state. See Utah Code 13-13-2
- 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 health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 11-56-102
- Local historic district or area: means a geographically definable area that:
(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 (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:
(i) whether or not the lots are located in the same subdivision; and (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:
(a) public transit rail right-of-way; (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit; or (c) fixed-route bus corridors subject to an interlocal agreement or contract between a municipality or county and: (i) a public transit district as defined in Section 17B-2a-802; or (ii) an eligible political subdivision as defined in Section 59-12-2219. See Utah Code 10-9a-103 - Mall intersection: means any intersection of a street constituting a part of a pedestrian mall with any street which intersection is itself part of a pedestrian mall. See Utah Code 10-15-3
- Manufacturer: means manufacturer, importer, distributor, or anyone who is named as the warrantor on an express written warranty on a motor vehicle. See Utah Code 13-20-2
- Material fact: means information that a person of ordinary intelligence and prudence would consider relevant in deciding whether or not to make a contribution in response to a charitable solicitation. See Utah Code 13-22-2
- Misappropriation: means :
(a) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (b) disclosure or use of a trade secret of another without express or implied consent by a person who: (i) used improper means to acquire knowledge of the trade secret; or (ii) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was: (A) derived from or through a person who had utilized improper means to acquire it; (B) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (C) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (iii) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. See Utah Code 13-24-2 - Mobile business: means an enclosed mobile business, a food cart, a food truck, or an ice cream truck. See Utah Code 11-56-102
- Mobile business event: means an event at which a mobile business has been invited by the event organizer to offer the mobile business's goods or services at a private or public gathering. See Utah Code 11-56-102
- Mobile telecommunications service: is a s defined in the Mobile Telecommunications Sourcing Act, 4 U. See Utah Code 10-1-402
- 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
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Motor home: means a self-propelled vehicular unit, primarily designed as a temporary dwelling for travel, recreational, and vacation use. See Utah Code 13-20-2
- Motor vehicle: includes :
(i) a motor home, as defined in this section, but only the self-propelled vehicle and chassis sold in this state; (ii) a motor vehicle, as defined in Section 41-1a-102, sold in this state; and (iii) a motorcycle, as defined in Section 41-1a-102, sold in this state if the motorcycle is designed primarily for use and operation on paved highways. See Utah Code 13-20-2 - Municipal: means of or relating to a municipality. See Utah Code 10-1-104
- Municipal utility easement: means an easement that:
(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; (b) is not a protected utility easement or a public utility easement as defined in Section 54-3-27; (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; (d) is used or occupied with the consent of the municipality in accordance with an authorized franchise or other agreement; (e) (i) is used or occupied by a specified public utility in accordance with an authorized franchise or other agreement; and (ii) is located in a utility easement granted for public use; or (f) is described in Section 10-9a-529 and is used by a specified public utility. See Utah Code 10-9a-103 - Municipality: means a city, town, or metro township. See Utah Code 10-1-303
- Municipality: includes every city or town within this state. See Utah Code 10-15-3
- Municipality: means a city, town, or metro township. See Utah Code 10-1-402
- Municipality: means :
(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; (b) a town, as classified in Section 10-2-301; or (c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104 - National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
- Nominal fee: means a fee that reasonably reimburses a municipality only for time spent and expenses incurred in:
(a) verifying that building plans are identical plans; and (b) reviewing and approving those minor aspects of identical plans that differ from the previously reviewed and approved building plans. See Utah Code 10-9a-103 - Noncomplying structure: means a structure that:
(a) legally existed before the structure's current land use designation; and (b) because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations, which govern the use of land. See Utah Code 10-9a-103 - Nonconforming use: means a use of land that:
(a) legally existed before its current land use designation; (b) has been maintained continuously since the time the land use ordinance governing the land changed; and (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 10-9a-103 - Nondiscounted price: means a price at which the goods or services are offered at the time of the price assessment without a temporary store reduction in price. See Utah Code 13-11a-2
- Nonrecurring tax notice charge: means a tax notice charge that a political subdivision certifies to the county treasurer on a one-time or case-by-case basis rather than regularly over multiple calendar years. See Utah Code 11-60-102
- Nonutility energy supplier: means a person that:
(a) has received market-based rate authority from the Federal Energy Regulatory Commission in accordance with 16 U. See Utah Code 54-2-1 - Notice of lien: means a notice that:
(a) a political subdivision records in the office of the recorder of the county in which a property that is the subject of a nonrecurring tax notice charge is located; and (b) describes the nature and amount of the nonrecurring tax notice charge and whether the political subdivision intends to certify the charge to the county treasurer under statutory authority that allows the treasurer to place the charge on the property tax notice described in Section 59-2-1317. See Utah Code 11-60-102 - Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Officer: means a person who is elected or appointed to an office or position within a political subdivision. See Utah Code 11-57-102
- Official map: means a map drawn by municipal authorities and recorded in a county recorder's office that:
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities; (b) provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and (c) has been adopted as an element of the municipality's general plan. See Utah Code 10-9a-103 - Operator: means a person, including a vendor, who owns, manages, controls, or operates a mobile business. See Utah Code 11-56-102
- organization: means any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity:
(i) who is or holds itself out to be: