Terms Used In Utah Code > Title 10 > Chapter 9a > Part 4 - General Plan

• 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
• Adjudicative proceeding: means :Utah Code 68-3-12.5
• 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 municipality: means an incorporated city or town: (a)  that is located in the notice area; and (b)  (i)  within which a franchisor is proposing a new or relocated dealership that is within the relevant market area of an existing dealership of the same line-make owned by another franchisee; or (ii)  within which an existing dealership is located and a franchisor is proposing a new or relocated dealership within the relevant market area of that existing dealership of the same line-make. See Utah Code 13-14-102 Affiliate: has the meaning set forth in Section 16-10a-102. See Utah Code 13-14-102 Aftermarket product: means any product or service not included in the franchisor's suggested retail price of the new motor vehicle, as that price appears on the label required by 15 U. See Utah Code 13-14-102 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. 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. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. 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 Bequest: Property gifted by will. board: means the Utah Motor Vehicle Franchise Advisory Board created in Section 13-14-103. See Utah Code 13-14-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. 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 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. County legislative body: means :Utah Code 68-3-12.5 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dealership: means a site or location in this state: (a)  at which a franchisee conducts the business of a new motor vehicle dealer; and (b)  that is identified as a new motor vehicle dealer's principal place of business for licensing purposes under Section 41-3-204. See Utah Code 13-14-102 Decedent: A deceased person. Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the Department of Commerce. See Utah Code 13-14-102 Dependent: A person dependent for support upon another. Do-not-drive order: means an order issued by a franchisor that instructs an individual not to operate a motor vehicle of the franchisor's line-make due to a recall. See Utah Code 13-14-102 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 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. Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to: (a)  the power and duty to carry laws and ordinances into effect and secure their due observance; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101 Executive director: means the executive director of the Department of Commerce. See Utah Code 13-14-102 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. fifth wheel trailer: means a portable vehicle without motive power, designed as a temporary dwelling for travel, recreational, or vacation use that does not require a special highway movement permit when drawn by a self-propelled motor vehicle. See Utah Code 13-14-102 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. franchise agreement: includes a sales and service agreement. See Utah Code 13-14-102 Franchisee: means a person with whom a franchisor has agreed or permitted, in writing or in practice, to purchase, sell, or offer for sale new motor vehicles manufactured, produced, represented, or distributed by the franchisor. See Utah Code 13-14-102 Franchisor: means a person who has, in writing or in practice, agreed with or permits a franchisee to purchase, sell, or offer for sale new motor vehicles manufactured, produced, assembled, represented, or distributed by the franchisor, and includes: (a)  the manufacturer, producer, assembler, or distributor of the new motor vehicles; (b)  an intermediate distributor; and (c)  an agent, officer, or field or area representative of the franchisor. See Utah Code 13-14-102 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 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Highway: includes :Utah Code 68-3-12.5 Impact fee: means a payment of money imposed under Title 11, Chapter 36a, Impact Fees Act. 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 :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 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 Lead: means the referral by a franchisor to a franchisee of a potential customer whose contact information was obtained from a franchisor's program, process, or system designed to generate referrals for the purchase or lease of a new motor vehicle, or for service work related to the franchisor's vehicles. See Utah Code 13-14-102 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: when used to describe the powers, duties, or functions of a county commission or council, refers to: (a)  the power and duty to enact ordinances, levy taxes, and establish budgets; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101 Legislative body: means the municipal council. See Utah Code 10-9a-103 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. Line-make: means : (a)  for other than a recreational vehicle, the motor vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the franchisor; or (b)  for a recreational vehicle, a specific series of recreational vehicle product that: (i)  is identified by a common series trade name or trademark; (ii)  is targeted to a particular market segment, as determined by decor, features, equipment, size, weight, and price range; (iii)  has a length and floor plan that distinguish the recreational vehicle from other recreational vehicles with substantially the same decor, features, equipment, size, weight, and price; (iv)  belongs to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and (v)  a franchise agreement authorizes a dealer to sell. See Utah Code 13-14-102 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 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 Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation. 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 vehicle, primarily designed as a temporary dwelling for travel, recreational, or vacation use. See Utah Code 13-14-102 Motor vehicle: means : (i)  except as provided in Subsection (16)(b), a trailer; (ii)  a travel trailer; (iii)  except as provided in Subsection (16)(b), a motor vehicle as defined in Section 41-3-102; (iv)  a semitrailer as defined in Section 41-1a-102; and (v)  a recreational vehicle. See Utah Code 13-14-102 Municipal: means of or relating to a municipality. See Utah Code 10-1-104 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 New motor vehicle: means a motor vehicle that: (a)  has never been titled or registered; and (b)  for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven less than 7,500 miles. See Utah Code 13-14-102 New motor vehicle dealer: is a person who is licensed under Subsection 41-3-202(1) to sell new motor vehicles. See Utah Code 13-14-102 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Notice area: means the geographic area that is: (a)  within a radius of at least six miles and no more than 10 miles from the site of an existing dealership; and (b)  located within a county with a population of at least 225,000. See Utah Code 13-14-102 notify: includes both traditional written communications and all reliable forms of electronic communication unless expressly prohibited by statute or rule. See Utah Code 13-14-102 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. 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 Parcel: means any real property that is not a lot. 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. Person: means :Utah Code 68-3-12.5 Plaintiff: The person who files the complaint in a civil lawsuit. Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Primary market area: means : (a)  for an existing dealership, the geographic area established by the franchisor that the existing dealership is intended to serve; or (b)  for a new or relocated dealership, the geographic area proposed by the franchisor that the new or relocated dealership is intended to serve. See Utah Code 13-14-102 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 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 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 Quorum: The number of legislators that must be present to do business. Recall: means a determination by a franchisor or the National Highway Traffic Safety Administration that a motor vehicle has a safety-related defect or fails to meet a federal safety or emissions standard. See Utah Code 13-14-102 Recall repair: means any diagnostic work, labor, or part necessary to resolve an issue that is the basis of a recall. See Utah Code 13-14-102 Recreational vehicle: includes : (i)  a travel trailer; (ii)  a camping trailer; (iii)  a motor home; (iv)  a fifth wheel trailer; and (v)  a van. See Utah Code 13-14-102 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Site-control agreement: means an agreement, however denominated and regardless of the agreement's form or of the parties to the agreement, that has the effect of: (a)  controlling in any way the use and development of the premises upon which a franchisee's business operations are located; (b)  requiring a franchisee to establish or maintain an exclusive dealership facility on the premises upon which the franchisee's business operations are located; or (c)  restricting the ability of the franchisee or, if the franchisee leases the dealership premises, the franchisee's lessor to transfer, sell, lease, develop, redevelop, or change the use of some or all of the dealership premises, whether by sublease, lease, collateral pledge of lease, right of first refusal to purchase or lease, option to purchase or lease, or any similar arrangement. See Utah Code 13-14-102 Small trailer: means the same as that term is defined in Section 41-3-102. See Utah Code 13-14-102 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 State: includes any department, division, or agency of the state. See Utah Code 10-9a-103 Statute: A law passed by a legislature. Subdivision: includes : (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 (ii)  except as provided in Subsection (65)(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 Subpoena: A command to a witness to appear and give testimony. substantially detrimental: includes the failure of any proposed transferee to meet the objective criteria applied by the franchisor in qualifying franchisees at the time of application. See Utah Code 13-14-305 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104 Trailer: means the same as that term is defined in Section 41-3-102. See Utah Code 13-14-102 Uphold: The decision of an appellate court not to reverse a lower court decision. Used motor vehicle: means a motor vehicle that: (a)  has been titled and registered to a purchaser other than a franchisee; or (b)  for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven 7,500 or more miles. See Utah Code 13-14-102 Venue: The geographical location in which a case is tried. Writing: includes :Utah Code 68-3-12.5