For the purpose of this title, certain words and terms are defined as follows: Words used in the present tense include the future, words in the singular number include the plural and the plural the singular.
AGRICULTURE: | The tilling of the soil, the raising of crops, horticulture and gardening, but not including the keeping or raising of domestic animals or fowl, except household pets, and not including any agricultural industry or business, such as fruit packing plants, fur farms, animal hospitals or similar uses. |
ALLEY: | Any public way or thoroughfare less than sixteen feet (16'), but not less than ten feet (10') in width, which has been dedicated or deeded to the public for public use. |
APARTMENT HOUSE: | Any building or portion thereof which contains three (3) or more dwelling units and, for the purpose of this title, includes residential condominiums. |
APPEAL AUTHORITY: | The person, board, commission, agency or other body designated by town ordinance to decide an appeal of a decision of a land use application or variance. |
BASEMENT: | Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first "story", as defined in this section. |
BUILDING: | Any Structure or any part thereof, built or used for the support, shelter, or enclosure of any use or occupancy by person, animals, or chattel. |
BUILDING, ACCESSORY: | Any detached building used or intended for supporting or sheltering any use or occupancy subordinate and clearly incidental to that of the main building and located on the same lot occupied by the main building. |
BUILDING HEIGHT: | The vertical distance from the lower of Established Grade or Finished Grade to the highest point of the structure excluding Rooftop Elements. |
BUILDING, MAIN: | The principal building or one of the principal buildings upon a lot that is used primarily for the principal use. |
CARETAKER: | An owner or a person employed by the owner of a private, residential dwelling to reside within the building and to provide primarily maintenance, custodial and security services; or, a property management services company, licensed by the Town of Alta, which does not have an employee who resides within the building, but which provides maintenance, custodial and security services. |
CARETAKER UNIT: | A living area within a dwelling which is separated physically from the remainder of the dwelling or annexed to the dwelling, the purpose for which is to house an on premises "caretaker", as defined in this section. The owner shall certify to the town in writing that a caretaker unit shall be occupied only by a caretaker. |
CARPORT: | A private garage not completely enclosed by walls or doors. For purposes of this title, a carport shall be subject to all of the regulations prescribed for a private garage. |
CHILD NURSERY: | An establishment for the care and/or instruction, whether or not for compensation, of six (6) or more children other than members of the family residing on the premises. |
CLASS A BEER OUTLET: | A place of business wherein beer is sold in original containers to be consumed off the premises in accordance with the alcoholic beverage control act of Utah and the licensing ordinance of the town. |
CLASS B BEER OUTLET: | A place of business wherein beer is sold in original containers for consumption on or off the premises in accordance with the alcoholic beverage control act of Utah and the licensing ordinance of the town. |
CLASS C BEER OUTLET: | A place of business wherein draft beer or beer in original containers is sold for consumption on or off the premises in accordance with the alcoholic beverage control act of Utah and the licensing ordinance of the town. |
COMMERCIAL RENTAL: | The renting of real property for terms of thirty (30) days or less, or other impermanent or transitory lodging use lacking in stability or continuity of persons occupying real property. |
CONDITIONAL USE: | A use of land for which a conditional use permit is required pursuant to Chapter 9 of this title. |
CONDOMINIUM PROJECT: | A. A real estate plan or project whereby two (2) or more units, whether contained in an existing or proposed building or buildings, are separately offered or proposed to be offered for sale. "Condominium project" shall also mean the property when the context so requires. B. The owner or developer of any condominium project or "time period unit" project, as defined in this section, shall comply with the Utah condominium ownership act, Utah Code Annotated title 57, chapter 8, which is hereby incorporated within and made a part of this title by reference. Such owner or developer shall also comply with all pertinent provisions of all chapters of this title. |
CONFERENCE: | A gathering and consisting of multipurpose meeting facilities, typically consisting of one or more meeting or multipurpose rooms that are available for use by various groups for such activities as meetings and receptions. |
COURT: | An occupied space on a lot, other than a yard, that is designed to be partially or completely surrounded by group dwellings. |
DISTRICT: | A portion of the Town of Alta. |
DWELLING: | Any building or portion thereof which contains not more than two (2) dwelling units. |
DWELLING, GROUP: | A group of two (2) or more dwellings located on a parcel of land in one ownership and having any yard or court in common. |
DWELLING, MULTIPLE-FAMILY : | A building used or intended to be occupied by more than two (2) "families", as defined in this section. |
DWELLING, SINGLE-FAMILY: | A building used or intended to be occupied by one "family", as defined in this section. |
DWELLING, TWO-FAMILY: | A building used or intended to be occupied by two (2) "families", as defined in this section. |
DWELLING UNIT: | Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this title, for not more than one family. For purposes of determining maximum density of dwelling units for all uses in any FM zone, two (2) guestrooms shall be equivalent to one dwelling unit. |
EFFICIENCY DWELLING UNIT: | A dwelling unit containing only one habitable room. |
ELEMENTS, ROOFTOP: | Chimneys, flues, and similar venting apparatus; communications equipment such as antennas and satellite dishes; elevator penthouses; stair enclosures; rooftop railings; mechanical equipment such as heating, ventilation, and air conditioning systems; renewable energy production systems such as solar panels and wind turbines; other mechanical equipment used for operation of a building; flag poles; and wind socks or any such allowed rooftop item which protrudes or is located on top of the building. |
EROSION CHANNELS: | Channels which have been created by erosion but which do not normally contain or convey water, except during local rainstorm, snowmelt, or runoff events. Riparian vegetation or habitat, as evidenced by the presence of hydrophilic plants or other evidence are not supported by Erosion Channels. For purposes of this Title, Erosion Channels are not Waterways. |
FAMILY OR FAMILIES: | An individual or two (2) or more persons related by blood or marriage, or a group of not more than five (5) persons (excluding employees) who need not be related by blood or marriage living together in a dwelling unit. |
FLOOR AREA: | The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the useable area under the horizontal projection of the roof or floor above. |
FOOTPRINT: | All exterior surfaces of an existing structure where actually located. |
FRONTAGE: | All property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right of way, waterway, end of dead end street, or political subdivision boundary, measured along the street line. An intersecting or intercepting street shall determine only the boundary of the frontage on the side of the street it intercepts. |
GARAGE, PRIVATE: | An accessory building designed or used for the storage of not more than four (4) automobiles owned and used by the occupants of the building to which it is accessory, provided that on the lot occupied by a multiple-family dwelling, the private garage may be designed and used for the storage of one and one-half (1-1/2) times as many automobiles as there are dwelling units in the multiple-family dwelling. A garage shall be considered part of a dwelling if the garage and the dwelling have a roof or wall in common. A private garage may not be used for storage of more than one truck for each family dwelling upon the premises, and no such truck shall exceed two and one-half (2-1/2) tons capacity. |
GARAGE, PUBLIC: | Any garage other than a private garage. |
GRADE, ESTABLISHED: | The grade of the earth, whether natural or previously altered, that exists before a site has been prepared or changed for purposes of development or building. In areas where a building exists on the site, the building official shall determine the established grade by extending the elevations of the adjacent established grades where buildings do not exist through the area of the existing building. |
GRADE, FINISHED: | The finished and resulting grade where earth meets the structure at the completion of the proposed construction. |
GUEST: | Any person hiring or occupying a room for living or sleeping purposes, or any person occupying a room or property for periods of thirty (30) days or less. |
GUESTHOUSE: | A separate dwelling located on a lot with one or more main dwellings and used or intended for the housing of guests or servants and not rented, leased or sold separate from the rental, lease or sale of the main dwelling. |
GUEST-ROOM: | A. Any room or rooms used or intended to be used by a guest for sleeping purposes. Every one hundred (100) square feet of total floor area in a dormitory shall be considered to be a guestroom. B. Within the base facilities zone, "guestroom" shall be defined as every six hundred (600) square feet of total floor area within a structure, and the remainder thereof. |
HABITABLE SPACE: | Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered "habitable space". |
HELIPORT: | An area of land or water, or a structural surface, which is used, or intended for use, for the landing and takeoff of helicopters, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities. |
HELISTOP: | The same as a "heliport", as defined in this section, except that no refueling, maintenance, repairs or storage of helicopters is permitted. |
HOME OCCUPATION: | Any use conducted entirely within a dwelling and carried on by one person residing in the dwelling, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the dwelling or property for residential purposes and in connection with which there is no display nor stock in trade. The home occupation shall not include the sale of commodities, except those which are produced on the premises and shall not involve the use of any accessory building or yard space for activity outside the main building not normally associated with residential use. Parking for home occupations shall be as follows: 1) one car for each twenty five feet (25') of unobstructed and unrestricted frontage of the subject property; and 2) available parking on the subject property where automobiles are customarily parked. "Home occupation" shall include the care of not more than six (6) children other than members of the family residing in the dwelling. |
HOTEL: | Any building containing guestrooms intended or designed to be used, or which are used, rented or hired out to be occupied on a nightly basis, or which are occupied for sleeping purposes by guests, and which may include accessory facilities such as a lobby, meeting rooms, recreation facilities, group dining facilities and other facilities customarily associated with hotels. A "hotel" shall not include any building used for residential purposes, including, but not limited to, condominiums and single-family residences. |
HOUSEHOLD PETS: | Animals and/or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats and canaries, including not more than two (2) dogs 1 or two (2) cats over four (4) months in age, and not more than a total of four (4) animals. A "household pet" does not include inherently or potentially dangerous animals, fowl or reptiles. |
JUNKYARD: | The use of any lot or portion of a lot or tract of land for the storage, keeping or abandonment of junk, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of automobiles or other vehicles, or machinery or parts thereof; provided, that this definition shall be deemed not to include such uses which are clearly accessory and incidental to any agricultural uses permitted in the zone. |
KENNEL: | The keeping of three (3) or more dogs at least four (4) months old. |
LAND USE APPLICATION: | All applications requiring approval from the land use authority pursuant to Utah Code Annotated or Town of Alta ordinances. |
LAND USE AUTHORITY: | A person, board, commission, agency or other body designated by the town council to act upon a land use application. |
LAND USE ORDINANCE: | A planning, zoning, development, or subdivision ordinance of the Town of Alta made by legislative decision. |
LODGING HOUSE: | Any building or portion thereof containing not more than five (5) guestrooms where rent is paid in money, goods, labor or otherwise. |
LOT: | A parcel of land occupied or to be occupied by a building or group of buildings, together with such yards, open spaces, lot width and lot areas as are required by this title, having frontage upon a street or upon a right of way approved by the appeal authority, or upon a right of way not less than sixteen feet (16') wide. Except for group dwellings and guesthouses, not more than one dwelling may occupy one lot. |
LOT, CORNER: | A lot abutting on two (2) intersecting or intercepting streets where the interior angle of intersection or interception does not exceed one hundred thirty five degrees (135°). |
LOT, INTERIOR: | A lot other than a corner lot. |
NAMEPLATES AND/OR SIGNS: | Shall include: A. One nameplate for each dwelling unit, not exceeding two (2) square feet in area, indicating the name of the occupant or permitted home occupation. B. One sign board not exceeding eight (8) square feet in area appertaining to the lease or sale of the property, or the sale of products produced on the property, or warning against trespassing. C. One bulletin board not exceeding eight (8) square feet in area for a church or other institution for the purpose of displaying the name and character of services or other activities conducted therein. D. One identification sign not exceeding eight (8) square feet in area for buildings other than dwellings. E. All such bulletin boards and identification signs shall be attached to and parallel with the front wall of the building. If any nameplate, bulletin board or sign is illuminated, only indirect lighting shall be used. No flashing or intermittent illumination shall be employed. |
NET DEVELOPABLE ACREAGE: | The area of ground within a lot that satisfies all of the following conditions: A. Slope less than thirty percent (30%); and B. Soils of a suitable depth and type based on soil exploration and percolation tests in accordance with the regulations of the Utah department of health to ensure against detriment to surface and groundwater quality; and, C. Not closer than fifty feet (50') from the high water line of any Waterway and outside of the Top of Bank as determined by the building official; and, D. Notwithstanding subsection (C) above in the Upper Albion Basin Protection Overlay Zone, not closer than one hundred feet (100') from the high water line of any Waterway and at least twenty feet (20') from the Top of Bank as determined by the building official; and, |
E. Free from unreasonable risk of harm to the property and the general public from natural hazards such as flood, landslide, avalanche, a high water table, or inordinate soil erosion after full compliance with applicable provisions of the building code governing topographic, structural and general design standards necessary to meet the maximum foreseeable risk of such hazards, and in discharge of the obligation imposed upon any person so developing and/or improving property subject to such natural hazards imposed by subsection 10-6A-9 of this title. | |
NONCOMPLYING STRUCTURE: | A Structure, or portion thereof, that (1) legally existed prior to the current land use designation; and (2) because of subsequent land use ordinance amendments, does not conform to the regulations that currently govern the structure. |
NONCONFORMING USE: | A use of land that (1) legally existed prior to the current land use designation; (2) has been maintained continuously since the time the land use ordinance governing the land was amended; and (3) because of subsequent land use ordinance amendments, does not conform to the regulations that now govern the use of the land. |
PACKAGE AGENCY: | Any outlet authorized by the Utah alcoholic beverage control commission to sell original package liquor or wine for consumption off the premises. |
PARKING LOT: | An open area, other than a street, used for parking of more than four (4) automobiles or other vehicles. |
PARKING SPACE: | An area within a building, lot or parking lot for parking or storage of one automobile or other vehicle. |
PERMITTED USE: | A use of land for which no conditional use permit is required. |
PLANNED UNIT DEVELOPMENT: | A complete development plan for an area pursuant to Chapter 10 of this title. |
PLANNING COMMISSION: | The Town of Alta planning commission. |
PRIVATE NONPROFIT LOCKER CLUB: | A social club, recreational, athletic or similar association, incorporated under the provisions of the Utah nonprofit corporation and cooperation act, which maintains or intends to maintain premises upon which liquor is or will be stored, consumed or sold. |
PRIVATE NONPROFIT RECREATIONAL GROUNDS AND FACILITIES: | Nonprofit recreational grounds and facilities operated by an association incorporated under the provisions of the Utah nonprofit corporation and cooperation act, or a corporate sole. |
PUBLIC USE: | A use operated exclusively by a public or quasi-public body, such use having the purpose of serving the public health, safety or general welfare, and including uses such as public schools, parks, playgrounds and other recreational facilities, administrative and service facilities, and public utilities. |
QUASI-PUBLIC USE: | A use operated by a private nonprofit, educational, religious, recreational, charitable or philanthropic institution, such use having the purpose primarily of serving the general public, such as churches, private schools, universities and similar uses. |
RECREATION, COMMERCIAL: | The use of property for recreational facilities operated as a business and open to the general public for a fee, such as ski lifts, golf driving ranges and baseball batting ranges. |
REPAIR: | The reconstruction or renewal of any part of an existing building for the purpose of its maintenance. |
RESTAURANT: | A place where meals or refreshments are sold to the public or guests for compensation. |
STATE STORE: | An outlet for the sale of liquor located on premises owned and leased by the state of Utah. |
STORY: | That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a useable or unused under-floor space is more than six feet (6') above the Finished Grade, as defined in this section, for more than fifty percent (50%) of the total perimeter, or is more than twelve feet (12') above the Finished Grade, as defined in this section, at any point, such useable or unused under-floor space shall be considered as a story. |
STREET: | Any thoroughfare or public way not less than sixteen feet (16') in width which has been dedicated or deeded to the public for public use. |
STRUCTURAL ALTERATION: | Any change in the supporting structural components of a structure, such as columns, bearing walls, beams, joists or trusses. |
STRUCTURE OR STRUCTURES: | Anything that is constructed, the Use of which requires a fixed location on or in the ground, or attached to something having a fixed location on the ground and which imposes an impervious material on or above the ground. All Buildings are Structures. |
TIME PERIOD UNIT: | An annually recurring part or parts of a calendar year specified in the condominium declaration or other document as a period for which a physical unit is separately owned. Separate ownership is represented as shares in a corporation, a partnership interest, or any other individually owned transferrable property right or interest. |
TIME PERIOD UNIT PROJECT: | A real estate project devoted in whole or in part to "time period units", as defined in this section. |
TOP OF BANK: | That vertical point along a Waterway where an abrupt change in slope is evident or the point where the stream or creek would enter the floodplain as determined by the building official. |
TOTAL FLOOR AREA: | The amount of square footage contained within all buildings and structures on the building site, measured by the inside surfaces of the exterior wall, excluding any floor area designed as employee living accommodations and common areas, including, but not limited to, any lobby, elevator bank and elevator, restaurant, restaurant kitchen, common stairwells and hallways, management offices, covered decks and service, maintenance and mechanical spaces. |
TOWN ADMINISTRATION: | The staff employed by the Town of Alta acting as the town clerk, the town manager, the assistant town manager and the deputy town clerk. |
TOWN COUNCIL: | The Town of Alta town council. |
USE: | The purpose or purposes for which land or structures are occupied, maintained, arranged, designed, or intended. |
USE, ACCESSORY: | Any subordinate use customarily incidental to and located upon the same lot occupied by the principal use. |
USE, INTENSITY OF: | The degree to which land or structures are used as measured by factors including but not limited to purpose of occupancy, building footprint, square footage, the need for parking, and the number of bedrooms, bathrooms, kitchens, hot tubs, or plumbing fixtures. |
USE, PRINCIPAL, OR MAIN OR PRIMARY: | The main or primary use of land or structures as opposed to an accessory use. |
UTAH CODE ANNOTATED: | The Utah law as codified and periodically amended and supplemented in the Utah Code Annotated, and as interpreted by Utah courts. |
WATERWAY OR WATERWAYS: | Those areas varying in width including, but not limited to, streams, creeks, gullies, washes, rivulets, or culverts, whether constructed, altered, or naturally occurring, which normally contain or convey water during at least part of the year, and which are considered drainage channels and not merely Erosion Channels , as determined by the building official. |
WIDTH OF LOT: | The distance between the side lot lines at the distance back from the front lot line required for the depth of the front yard. |
YARD: | A space on the lot, other than a court, unoccupied and unobstructed from the ground upward, by buildings, except as otherwise provided herein. |
YARD, FRONT: | A space on the same lot with the building between the front line of the building and the front lot line, and extending across the full width of the lot. The "depth" of the front yard is the minimum distance between the front lot line and the front of the building. |
YARD, REAR: | A space on the same lot with the building between the rear line of the building and the rear lot line, and extending across the full width of the lot. The "depth" of the rear yard is the minimum distance between the rear lot line and the rear of the building. |
YARD, SIDE:
| A space on the same lot with the building between the side line of the building and the nearest side lot line, and extending from the front lot line to the rear lot line. The "width" of the side yard is the minimum distance between the side lot line and the nearest side of the building. (Ord., 6-8-1989; amd. Ord. 90-O-4, 4-12-1990; Ord. 1997-O-7, 11-13-1997, eff. 11-27-1997; Ord. 1998-O-3, 3-12-1998; Ord. 2008-O-5, 6-12-2008; 2010 Code; Ord. 2021-O-1, 3-10-2021; Ord. 2023-O-2, 4-12-2023) |
Notes
| 1 | 1 See definition of Kennel is this section |