Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this title. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure" and the word "structure" shall include the word "building"; the words "used" or "occupied" shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be leased; the word "shall" is mandatory and not directory, and the word "may" is permissive; the word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual; the word "lot" includes the words plot or parcel.
ACCESSORY SOLAR ENERGY SYSTEMS: Any photovoltaic, concentrated solar thermal, or solar not water devices that are accessory to, and incorporated into the development of an authorized use of the property, and which are designed for the purpose of reducing or meeting on-site energy needs.
ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to the principal use or structure.
AGRICULTURAL INDUSTRY OR BUSINESS: An industry or business involving agricultural or agricultural products in manufacturing, processing, treatment, sales, feeding or storage, including, but not limited to, animal feed yards or facilities, fur farms, food processing or processing plants, water processing or processing plants, commercial livestock, poultry or egg production, and similar uses as determined by the planning commission.
AGRICULTURE: The science and art of raising and producing plants and animals useful to man and/or industry, including the preparation of plants and animals for human use and disposal by marketing or otherwise. Agriculture shall include, but not be limited to: forages and sod crops; grain and feed crops; dairy animals, poultry, livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats; the breeding, grazing, raising, producing and marketing of any or all such animals; bees, fur animals, trees, fruits of all kind, including grapes, nuts and berries; vegetables, nursery, floral and ornamental stock; or when devoted to and meeting the requirements and qualifications for payment or other compensation pursuant to a cropland retirement program under an agreement with an agency of the state or federal government.
AIRPORT: Any area of land designed and set aside for the landing and taking off of aircraft, plus maintenance and auxiliary facilities and buildings for maintenance.
ALLEY: A public accessway, less than twenty six feet (26') in width, but not less than twelve feet (12'), which is designed to give secondary access to lots or abutting properties. An alley shall not be considered a street, for the purpose of this title.
ALTERATIONS, STRUCTURAL: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
ANIMAL WASTE: The excrement and discharge from an animal, or animal carcasses, tissues or any other substance or material capable of transmitting disease or disease carrying agents.
APARTMENT, HOTEL, MOTEL: Any building which contains dwelling units and also satisfies the definition of a hotel or motel.
ARCHITECTURAL PROJECTION: Any building or structural projection which is not intended for occupancy and which extends beyond the face of an exterior wall of a structure, but not including signs.
AUTOMOBILE OR TRAILER SALES AREA: An open area used for display, sale or rental of new or used vehicles or trailers in operable condition and where no repair work is done.
AUTOMOBILE SERVICE STATION: A place where gasoline, or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, and where services performed may include tube and tire repair, battery charging, storage of merchandise, lubricating of automobiles, replacement of spark plugs, lights, fans, and other small parts, but not including major automobile repair.
BASEMENT: A story whose floor is more than twelve inches (12") below the average level of the adjoining ground, but where no more than one-half (1/2) of its floor to ceiling height is below the average contact level of the adjoining ground. A basement shall be counted as a story for purposes of height measurement, and as a half story for the purpose of side yard determination.
BED AND BREAKFAST: An owner occupied dwelling offering transient lodging accommodations where meals may be provided. A bed and breakfast may have no more than five (5) guestrooms or serve no more than ten (10) guests per night and must be located to be served by adequate existing public services, specifically fire hydrant location. Must provide off street parking at one per guestroom and shall be surfaced with asphaltic or portland cement or other binder pavement so as to provide a dustless surface. Parking to be graded so as to dispose of all surface water.
BEGINNING OF CONSTRUCTION: The placing of concrete footing for a building or structure.
BENCHMARK: A mark affixed to a permanent or semipermanent object to furnish a datum level in survey.
BOARD OF APPEAL: A five (5) member board appointed by the Beaver County Commission as provided in this title to hear appeals by any person aggrieved by his/her inability to obtain a building permit under this title, or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of this title.
BOARDING HOUSE: A building with not more than five (5) guestrooms where, for compensation, meals are provided for not more than fifteen (15) persons.
BODY AND FENDER SHOP: A facility for major automobile, truck, mobile home, recreational coach or recreation vehicle repairs to body, frame or fenders, and including rebuilding.
BUILDABLE AREA: The portion of a lot remaining after setbacks have been provided.
BUILDING: Any structure used or intended to be used for the shelter, or enclosure, of persons, animals or property.
BUILDING, HEIGHT OF: The vertical distance from the average finished grade surface to the highest point of any building roof or coping.
BUILDING INSPECTOR: The Beaver County building inspector; also the county zoning administrator.
BUILDING, MAIN: The principal building or one of the principal buildings upon a lot, or the building or one of the buildings housing a principal use upon a lot.
BUILDING OFFICIAL: The official designated by the county commission as the Beaver County building inspector. The building official may also be the county zoning administrator, if so designated.
BUILDING, PUBLIC: A building owned and/or operated by a public entity or public agency or intended to be used by the public.
BULK LPG FACILITY: Any facility at a fixed location whose activities include filling, refilling or commercial handling or commercial storage of LPG for distribution by truck to consumers for use. Does not allow retail sale to the public.
CAMPGROUND: A parcel of land designated and approved by the county for occupancy by persons using tents, trailers, motor homes or campers on a temporary basis regulated by this title.
CARPORT: A private garage not completely enclosed by walls or doors. For the purposes of this title, a carport shall be subject to all regulations prescribed for a private garage.
CELLAR: A room or rooms wholly under the surface of the ground or having more than fifty percent (50%) of its floor to ceiling height under the average level of the adjoining ground.
CHILD NURSERY: An establishment, excluding a public school, for the care and/or the instruction of six (6) or more children other than members of the family residing on the premises.
CHURCH: A building, together with its accessory buildings and uses, maintained and controlled by a duly recognized religious organization where persons regularly assemble for worship.
CLINIC, DENTAL OR MEDICAL: A building in which a group of dentists, physicians and related professionals and their staff are associated for the conduct of their professions. The clinic may include a dental and/or a medical laboratory and an apothecary, but it shall not include inpatient care or operating rooms for major surgery.
CLUB, PRIVATE: An organization, group, association or corporation supported by the members thereof, the sole purpose of which is to render service customarily rendered for members and their guests, but shall not include any service, the chief activity of which is customarily carried on as a business, and does not include labor union organizations or similar labor or business organizations.
COMMISSION: Unless otherwise indicated, the County Commission of Beaver County, Utah.
CONDITIONAL USE: A land use that because of its unique characteristics or potential impact on the County, 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.
CONDOMINIUM: An ownership structure established in accordance with the Utah Condominium Act.
CONVENIENCE STORE: A one-story, retail store containing less than three thousand (3,000) square feet of gross floor area that is designed and stocked to sell primarily food, beverages and other household supplies to customers who purchased only a relatively few items (in contrast to a "supermarket"). It is designed to attract and depends upon a large volume of stop and go traffic. Illustrative examples of convenience stores are those operated by the "Circle K", "7-11" and "Maverick" chains.
CORRAL: A space other than a building, less than one acre in area, or less than one hundred feet (100') in width, used for the confinement of animals.
COUNTY ATTORNEY: The County Attorney or a Deputy County Attorney who represents Beaver County.
COUNTY ENGINEER: The engineer employed by or officially representing Beaver County.
COUNTY HEALTH OFFICER: The Health Officer or department employed by or officially representing Beaver County.
COURT: An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings, and which is surrounded on three (3) or more sides by such building or buildings. The width of a court is its least horizontal dimension, measured between opposite sides in the same direction as the yard or lot line on which the court opens. The length of a court is its least horizontal dimension measured at right angles to its width.
COVERAGE, BUILDING: The percent of the total site area covered by buildings.
CUL-DE-SAC: A minor street having an open end and being terminated at the other end by a vehicle turnaround.
DAIRY: A commercial establishment for the manufacture, processing or packaging of dairy products, and their sale. For purposes of this definition, the production of milk on a farm for wholesale marketing off the premises shall not classify the farm as a dairy.
DISABLED PERSON: A person who:
A. Has a severe, chronic disability attributable to mental or physical impairments, that is likely to continue indefinitely and that results in a substantial functional limitation in three (3) or more of the following areas of major life activity:
1. Capacity for independent living;
2. Economic self-sufficiency;
3. Learning;
4. Mobility;
5. Receptive and expressive language;
6. Self-care;
7. Self-direction; and
B. Requires a combination or sequence to special interdisciplinary or generic care, treatment or other services that are individually planned and coordinated to allow the person to function in, and contribute to, a residential neighborhood.
DISTRICT: A portion of the area of Beaver County, Utah, shown on a zoning map (attached to the ordinance codified herein and on file in the county office) and given a zone classification as set forth in this title.
DIVISION OF AGRICULTURAL LAND FOR AGRICULTURAL PURPOSES: A bona fide division or partition of agricultural land into three (3) or more parcels of not less than six (6) acres of land for agricultural purposes, as defined herein.
DRIVEWAY: A private entrance, the use of which is limited to persons residing, employed or otherwise using or visiting the premises on which the driveway is located.
DWELLING: Any building or portion thereof designed or used primarily as a residence or sleeping place of one or more family members, but not including a tent, travel trailer, hotel, motel, hospital or nursing home.
DWELLING, GROUP: A group of two (2) or more detached buildings used as dwellings.
DWELLING, MOBILE HOME: See definition of Mobile Home.
DWELLING, MULTIPLE-FAMILY: A building arranged or designed to be occupied by more than two (2) families.
DWELLING, SINGLE-FAMILY: A building arranged or designed to be occupied by one family, the structure having only one dwelling unit.
DWELLING, TWO-FAMILY: A building arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units.
DWELLING UNIT: One or more rooms in a dwelling, apartment hotel or apartment motel, designed for or occupied by one family for living or sleeping purposes and having kitchen and bathroom facilities for the use of not more than one family.
EASEMENT: The acquired private or public right of way, use or enjoyment which one or more persons may have in the land of another.
ELDERLY PERSON: A person who is sixty (60) years or older who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.
ELECTRIC SUBSTATION: An assemblage of equipment and appurtenant facilities designed for voltage transformation or voltage control of electricity in amounts of one hundred fifteen thousand (115,000) volts or more.
ELECTRIC TRANSMISSION LINE: A series of three (3) or more structures and appurtenant facilities erected aboveground, supporting one or more conductors emanating from a power plant or substation, designed to transit electric energy in voltages of one hundred fifteen thousand (115,000) volts or more.
ENERGY RELATED PRODUCTS: Oil, gas, steam, geothermal, photovoltaic (solar) resources.
FAMILY: An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than four (4) persons (excluding servants) who are not related, living in a dwelling unit as a single housekeeping unit and using common cooking facilities.
FAMILY FOOD PRODUCTION: The keeping of not more than one horse, one cow, two (2) sheep, one pig, two (2) goats, twenty (20) rabbits, twenty five (25) chickens, fifty (50) pheasants, ten (10) turkeys, ten (10) ducks, ten (10) geese and twenty (20) pigeons; provided, that an additional number of animals equal to two (2) times the number listed above and an additional number of fowl equal to five (5) times the number listed above may be kept in each one-half (1/2) acre in the lot over and above the minimum number of square feet required for a single-family residential lot in the zone; and provided, that not more than three (3) of the above listed kinds of animals and fowl are permitted at any one time on any lot smaller than one acre.
FENCE: A physical barrier to delineate, contain or designate an area designed for a specific use, i.e., an enclosure for a dwelling unit, an area of storage, etc.
FLOOD HAZARD: A hazard to land or improvements due to inundation.
FLOOR AREA: Area included within surrounding walls of a building, or portion thereof, exclusive of vents, shafts and courts.
FOREST INDUSTRY: An industry which uses forest products, such as sawmill, pulp or paper plant, wood products, plant, and similar uses.
FORESTRY: The raising and harvesting of trees, including retail sales, the storing, processing and selling of firewood, fence posts and Christmas trees.
FOSTER CARE: Accommodation provided children under the age of eighteen (18) in a dwelling unit licensed by the Utah division of family services for either: a) basic; b) specialized; or c) structured care, standards for the same being known to the county. Accommodation provided children in a dwelling unit licensed by any agency or organization other than the division of family services shall not automatically be considered to be foster care, but must obtain a conditional use permit as a group home in order to give the county opportunity to review the placement and applicable standards of the placing organization.
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 intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.
GARAGE, PRIVATE: A detached accessory building, or a portion of a main building, used or intended to be used for the storage of motor vehicles, trailers or boats, but not including the parking or storage of trucks or vans having a capacity in excess of one and one-half (11/2) tons, and not including space for more than a total of four (4) such vehicles, trailers or boats for each dwelling unit on the premises.
GARAGE, PUBLIC: A building, or portion thereof, other than a private garage, designed or used for servicing, equipping, renting, selling or storing motor driven vehicles.
GARAGE, REPAIR: A structure, or portion thereof, other than a private garage, used for the repair or refinishing of self- propelled vehicles, trailers or boats, including general repair, rebuilding or reconditioning of engines, motor vehicles or trailers, and minor repairs or overall automobile or truck painting.
GEOLOGICAL HAZARD: A hazard inherent in or on the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property or improvements due to the movement, failure or shifting of the earth.
GRADE:
A. For buildings adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.
B. For buildings adjoining more than one street, the average of the elevation of the sidewalk at the centers of all walls adjoining the streets.
C. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the centers of all exterior walls of the building.
D. Any wall parallel or nearly parallel to and not more than five feet (5') from a street line is to be considered as adjoining the street.
HEALTH DEPARTMENT: The Utah state division of environmental health or local health agency having jurisdiction.
HOME OCCUPATION: Any use conducted entirely within a dwelling and carried on by persons residing in the dwelling unit, said use occupying no more than twenty five percent (25%) of the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof 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 or activity outside the main building not normally associated with residential use. Home occupation may include the use of the home by a physician, surgeon, dentist, lawyer, clergyman, engineer or other professional person for consultation or emergency treatment, but not for the general practice of his trade or profession. Home occupation shall include the care of not more than six (6) children other than members of the family residing in the dwelling. In all cases where a home occupation is engaged in, there shall be no on premises advertising of said occupation, no window displays or signs and no permanent employees other than family members.
HOSPITAL: An institution for the diagnosis, treatment and care of human illness or infirmity, including sanatoriums and clinics.
HOTEL: A building that furnishes lodging, food, etc., to travelers or other guests, for compensation.
HOUSEHOLD PETS: Animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs and cats, but not including a sufficient number of dogs to constitute a "kennel", as defined in this section, but not including the keeping of normally dangerous animals, such as lions, tigers or bears.
IRRIGATED LAND: Parcels that have surface or underground water diverted continuously or intermittently upon them for the production of crops or pasture, through the utilization of manmade improvements.
JUNK: Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris or other waste or salvage materials; junked, dismantled or wrecked automobiles or parts thereof; and old or scrap ferrous or nonferrous metal materials.
JUNKYARD: A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or other scrap, discarded material or junk; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.
KENNEL: Any premises where three (3) or more dogs over the age of six (6) months are kept.
LARGE CONCENTRATED ANIMAL FEEDING OPERATION: Large concentrated animal feeding operation [L-CAFO] means an animal feeding operation that stables or confines as many as or more than the numbers of animals specified in section 9-10D-1.
LIVESTOCK: Cattle, sheep, goats, swine, horses, mules, poultry, mink, or any other domestic animals.
LIVESTOCK FEED YARD: A commercial operation on a parcel or parcels of land where livestock are kept in places, such as, but not limited to, corrals, structures and yards.
LOCAL JURISDICTION: Beaver County.
LODGING HOUSE: A building where lodging only is provided for compensation to at least three (3) but not more than fifteen (15) persons, but not including motels or hotels.
LOT: A parcel or unit of land described by metes and bounds and held or intended to be held in separate lease or ownership; or a unit of land shown as a lot or parcel on a recorded subdivision map; or a unit of land shown on a plat used in the lease or sale or offer of lease or sale of land resulting from the division of a larger tract into two (2) or more smaller units.
LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty five degrees (135o).
LOT COVERAGE: Shall be calculated by taking the ground area of the main and accessory buildings and dividing that total by the area of the lot.
LOT DEPTH: The horizontal distance between the front and rear lot lines measured in the main direction of the side lot line.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINE: Property lines bounding the lot.
LOT, RESTRICTED: Any lot having particular problems in size, slope, contour or space requiring special action of the Board of Adjustment.
LOT WIDTH: The horizontal distance between the side lot lines, measured at the required front yard setback line or rear yard setback line, whichever is shorter.
MOBILE HOME: A detached single-family dwelling unit not less than sixty feet (60') long, designed for long term occupancy and to be transported on its own wheels, or on a flatbed or other trailers or detachable wheels, and arriving at the site where it is to be occupied as a complete dwelling unit ready for occupancy, except for connections to utilities and other minor work; removal of such wheels or placing such dwelling unit on a foundation shall not remove the unit from the mobile home category, unless the building meets the dwelling standards of the Building Code.
MOBILE HOME LOT: A lot within a mobile home park or subdivision, designed and to be used for the accommodation of one mobile home.
MOBILE HOME PARK: Any plot of ground upon which three (3) or more mobile homes occupied for permanent dwelling purposes are located, whether or not a charge is made for such accommodation.
MOBILE HOME SPACE: Space within a mobile home park, designed and to be used for the accommodation of one mobile home.
MOBILE HOME SUBDIVISION: A subdivision designed and intended for residential use where the lots are to be occupied by mobile homes exclusively.
MODULAR HOME: A permanent dwelling structure built of prefabricated units which are assembled and erected on the site.
MOTEL: A building or group of buildings for the accommodation of transient guests, comprising individual sleeping or living units, and designed and located to serve the motoring public.
NATURAL WATERWAYS: Areas varying in width along streams, creeks, springs, gullies or washes which are natural drainage channels as determined by the county engineer, in which no buildings should be constructed.
NONCOMPLYING STRUCTURE: A structure that:
A. Legally existed before its 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.
NONCONFORMING USE: 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.
NURSING HOME: An institution, other than a hospital, for the care of human illness or infirmity whereby the care, rather than diagnosis or treatment of the illness or infirmity, constitutes the principal function. The term "nursing home" shall also include "rest home" and "convalescent home".
OFF SITE FACILITIES: Improvements not on individual lots but which are generally within the boundaries of the subdivision which they serve.
OPEN SPACE: Space reserved in parks, courts, playgrounds, golf courses and other similar open areas, and those areas reserved to meet the density requirements of planned unit development.
PARKING LOT: An open area, other than a street, used for parking of more than four (4) automobiles and available for public use, whether free, for compensation, or accommodation for clients or customers.
PARKING SPACE: A permanently surfaced area, enclosed or unenclosed, for the parking of one motor vehicle.
PERCENT OF GRADE: The percentage increase in elevation over a one hundred foot (100') horizontal distance. For example, a ten percent (10%) grade would be a use in elevation of one foot (1') in ten feet (10'), or ten feet (10') in one hundred feet (100').
PERMANENT MONUMENT: A structure of concrete, masonry and/or metal permanently placed on or in the ground, including those expressly placed for surveying reference, which meets the requirements of the county for permanent monuments.
PETROLEUM REFINING: An industrial process plant where crude oil is processed and refined into petroleum products, such as gasoline, diesel fuel and other products.
PLANNED UNIT DEVELOPMENT: An integrated design for development of residential, commercial or industrial uses, or combinations of such uses, in which the density and location regulations of the district in which the development is situated may be varied or waived to allow flexibility and initiative in site and building design and location, in accordance with an approved plan and imposed general requirements.
PLANNING COMMISSION: The Beaver County planning commission.
PUBLIC USE: A use operated exclusively by a public body or quasi-public body, such use having the purpose of serving the public health, safety or general welfare, and including recreational facilities, administrative and service facilities and public utilities, including water and sewer lines and facilities, gas and electricity lines and facilities, but excluding prisons and animal control facilities.
PUBLIC UTILITIES: Common carriers, pipeline corporations, gas corporations, electrical corporations, telephone corporations, telegraph corporations, water corporations and other similar corporations or cooperatives where service is performed and/or a commodity delivered to the public or any portion thereof.
REASONABLE NOTICE: The requirements of reasonable notice are met regarding public hearings and/or public meetings as follows:
A. Public Hearings: Reasonable notice shall be satisfied by posting written notice of the date, time and place of the first public hearing in at least three (3) public locations within the county, or on the county's official website; mailed to each affected entity and posted on the Utah Public Notice Website at least ten (10) calendar days before the public hearing; or mailed at least ten (10) days before the public hearing to each property owner whose land is directly affected by the land use ordinance change; and each adjacent property owner within the parameters specified by county ordinance.
B. Public Meetings: Reasonable notice shall be satisfied by posting written notice of the meeting agenda, date, time and place, twenty-four (24) hours in advance of the meeting on the Utah Public Notice Website and in at least three (3) public locations within the county, or on the county's official website. Emergency meetings and/or closed meetings may be held only as authorized by the Utah Open and Public Meetings Act.
RECREATIONAL VEHICLE: A vehicle, such as a travel trailer, tent camper, camp car or other vehicle with or without motive power, designed and/or constructed to travel on the public thoroughfare in accordance with the provisions of the Utah motor vehicle act, and designed for use as human habitation for a temporary and recreational nature.
RECREATIONAL VEHICLE PARK: An area or tract of land or a designated section within a mobile home park where lots are rented or held for rent to one or more owners or users of recreational vehicles for a temporary time not to exceed one hundred twenty (120) days.
SANITARY LANDFILL: An area set aside that meets all federal and state laws for the disposal of solid waste.
SETBACK: The shortest horizontal distance between the boundary line of a lot and the building or structure or part thereof.
SIGN: A presentation or representation of words, letters, figures, designs, pictures or colors, publicly displayed so as to give notice relative to a person, a business, an article of merchandise, a service, an assemblage, a solicitation or a request for aid; also, the structure or framework or any natural object on which any sign is erected or is intended to be erected or exhibited or which is being used or is intended to be used for sign purposes.
SIGN, ADVERTISING: A sign which advertises a business, profession, commodity, service or entertainment conducted, sold or offered other than on the premises where the sign is displayed, or a sign in which more than twenty five percent (25%) of the area of the sign is devoted to advertising a use or product which does not constitute the principal activity or product of the establishment of the premises.
SIGN, ANIMATED: A sign which involves motion or rotation of any part, created by artificial means, or which displays flashing, revolving or intermittent lights.
SIGN AREA: The area in square feet of the smallest rectangle enclosing the total exterior surface of a sign having but one exposed exterior surface; should the sign have more than one surface, the sign area shall be the aggregate of all surfaces measured as above.
SIGN, BUSINESS: A sign which directs attention to a business, profession, commodity, service or entertainment conducted, sold or manufactured upon the same lot. A sign advertising a particular product or line of products sold on the premises but not constituting the principal activity of the establishment may be included; provided, that not more than twenty five percent (25%) of the area of the sign is devoted to such advertising.
SIGN, FREESTANDING: A sign located directly on the ground, or on any support other than a building, whether or not the principal purpose of such support is to display the sign.
SIGN, IDENTIFICATION AND INFORMATION: A sign displayed to indicate the means or nature of a building, or of a use.
SIGN, ILLUMINATED: A sign in which a source of light is used in order to make the message readable. This definition shall include internally and externally lighted signs.
SIGN, MARQUEE: Any sign added to or made an integral part of a marquee.
SIGN, PROJECTING WALL: A sign which is affixed to an exterior wall or structure and which projects more than eighteen inches (18") from the building or structure wall, and which does not extend above the parapet, eaves or building facade of the building upon which it is placed.
SIGN, RESIDENTIAL: A sign which gives notice of the name or the address of a residential building, the name or occupation of the resident thereof, or conditions of use of parking facilities serving a residential use.
SIGN, WALL OR FLAT: A sign affixed to or painted on the wall of a building in such a manner that the surface of the sign is parallel with the prevailing surface of the wall upon which the sign is displayed, and which does not project beyond such surface more than ten inches (10"), nor above the roof or cornice line of such building.
SITE PLAN: A plan containing the information required by section 9-1-8 of this chapter.
SOLAR POWER PLANT: A utility-scale commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or various experimental solar technologies, for the primary purpose of wholesale or retail sales of generated electricity.
STABLE, PRIVATE: A detached accessory building for the keeping of horses owned by the occupant of the premises and not kept for remuneration, hire or sale.
STORY: That portion of a building included between the surface of any floor and the floor or ceiling next above it.
STORY, HALF: A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four feet (4') above the floor of such story; and the floor area of which does not exceed two-thirds (2/3) of the floor area of the floor next immediately below it; provided, however, that any partial story used for one or more dwelling units shall be deemed a full story.
STREET, PRIVATE: A right of way or easement in private ownership, not dedicated or accepted as a public street, which affords the principal means of access to two (2) or more sites.
STREET, PUBLIC: A thoroughfare which has been dedicated or abandoned to the public and accepted by a proper public authority, or a thoroughfare not less than twenty five feet (25') wide which has been made public by right of use and which affords the principal means of access to abutting property.
STRUCTURE: Anything constructed, the use of which requires fixed location on the ground, or attachment to something having a fixed location upon the ground.
SUBDIVISION:
A. Any land that is divided, resubdivided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots or other division of land for the purpose, whether immediate or future, for offer, sale, lease or development either on the installment plan or upon any and all other plans, terms, and conditions.
B. "Subdivision" includes:
1. The division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument; and
2. Except as provided in subsection C of this definition, divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural and industrial purposes.
C. "Subdivision" does not include:
1. A bona fide division or partition of agricultural land for agricultural purposes;
2. A recorded agreement between owners of adjoining properties adjusting their mutual boundary if:
a. No new lot is created; and
b. The adjustment does not violate applicable land use ordinances;
3. A recorded document, executed by the owner of record:
a. Revising the legal description of more than one contiguous unsubdivided parcel of property into one legal description encompassing all such parcels of property; or
b. Joining a subdivided parcel of property to another parcel of property that has not been subdivided, if the joinder does not violate applicable land use ordinances;
4. A bona fide division or partition of land in a county other than a first class county for the purpose of siting, on one or more of the resulting separate parcels:
a. An electrical transmission line or a substation;
b. A natural gas pipeline or a regulation station; or
c. An unmanned telecommunications, microwave, fiber optic, electrical or other utility service regeneration, transformation, retransmission or amplification facility;
5. A recorded agreement between owners of adjoining subdivided properties adjusting their mutual boundary if:
a. No new dwelling lot or housing unit will result from the adjustment; and
b. The adjustment will not violate any applicable land use ordinance;
6. A bona fide division or partition of land by deed or other instrument where the land use authority expressly approves in writing the division in anticipation of further land use approvals on the parcel or parcels; or
7. A parcel boundary adjustment.
D. The joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a subdivision under this definition as to the unsubdivided parcel of property or subject the unsubdivided parcel to the County subdivision ordinance.
TELECOMMUNICATION SITE/FACILITY: Facility used for the transmission or reception of electromagnetic or electro-optic information, which is placed on a structure. This use does not include radio frequency equipment which has an effective radiated power of one hundred (100) watts or less. This use is not required to be located on a building lot or to comply with the minimum lot size requirement for the district in which it is located.
TRAVEL TRAILER: A vehicular portable structure designed as a temporary dwelling for travel, recreational/vacation uses, which is not more than eight feet (8') wide.
TRAVEL TRAILER PARK: Any area where one or more travel trailer lots are rented for a relatively short term occupancy to users of travel trailers or recreational vehicles.
TROUBLED YOUTH: A person under the age of eighteen (18) years who:
A. Is dysfunctional as the result of psychological and/or attitudinal conditions evidenced by a pattern of social adjustment difficulties, unlawful activities, disruptive behavior, or a combination of each, to a degree that has caused an agency of the State of Utah or Beaver County to intervene by ordering the physical separation of that person from a previous environment coupled with a process of rehabilitation, informal or otherwise; and
B. Is ordered to reside in a residential care facility or similar residential setting as the consequences of his/her own actions and behavior and not because of the actions or behavior of parents or others; and
C. Is determined by the Utah Division of Family Services as being in need of "structured care" as defined by the categories and standards of that agency.
TRUCK STOP: An occupancy which provides especially for the servicing of trucks, with incidental operations similar to those permitted automobile service stations.
USE, ACCESSORY: A use subordinate and incident to the main use of a building or land located upon the same lot or parcel.
VESTED APPLICATION: A land use application is considered complete, and thereby vested, when the applicant submits a completed application in compliance with all code requirements, regulations and applicable fees paid.
VETERINARY OR ANIMAL HOSPITAL: A building or group of buildings, together with runs, where large and/or small animals are kept and/or treated by a licensed veterinarian.
WASTE TIRE: A pneumatic tire or solid tire for motor vehicles that has been discarded or that can no longer be used for its original intended purpose because of wear, damage or defect.
WASTE TIRE PROCESSING FACILITY: A site used for the shredding, slicing, producing or manufacturing of usable materials from waste tires, including incidental temporary storage activity. Processing does not include the retreading of waste tires or the burning of tires or the waste from tires.
YARD: A required open space on a lot, other than a court, which open space is unoccupied and unobstructed from the ground upward, except as permitted elsewhere in this title.
YARD, FRONT: A space on the same lot with a building, between the front line of a 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 line of the building.
YARD, REAR: A space on the same lot with a building, between the rear line of the building and the rear lot line, 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 line of the building.
YARD, SIDE: A space on the same lot with a building, between the side line of the building, and the side lot line and extending from the front yard to the rear yard. The "width" of the side yard is the minimum distance between the side lot line and the side line of the building.
ZONE: See definition of district.
ZONING ORDINANCE: The Beaver County zoning ordinance. (2004 Code § 10.02.060; amd. Ord. 2006-12, 11-13-2006; Ord. 2008-03, 4-7-2008; Ord. 2009-01, 1-5-2009; Ord. 2010-01, 2-16-2010; Ord. 2010-03, 5-3-2010; Ord. 2010-04, 6-7-2010; Ord. 2014-09, 6-2-2014; 2015 Code; Ord. 2018-05, 6-5-2018; Ord. 2019-07, 9-3-2019; Ord. 2021-09, 2-1-2022; Ord. 2022-06, 10-4-2022; Ord. 2022-12, 11-22-2022)