For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON/ABANDONED. A use that has been discontinued for a minimum period of one year or a building, structure, sign or other object that remains vacant or unused for a minimum period of one year.
ABANDONMENT. Any act that result in abandon.
ABSOLUTE STANDARD. A standard adopted in §§ 15.400 et seq. or 1513.415 et seq. with which a proposed home business or commercial development must comply in order to receive a CUP.
ACCESS. The provision of vehicular and/or pedestrian ingress and egress to a lot, parcel, building or structure.
ACCESSORY BUILDING. A subordinate building detached from, but located on the same lot as the principal use, the use of which is clearly incidental and accessory to that of the principal use. An Accessory Building shall contain no living facilities. External accessory dwellings are separately defined.
ACCESSORY DWELLING UNIT, COMMERCIAL. A dwelling unit for an employee of or the owner that is on the same lot as a commercial use. It may be internal to a commercial structure or external. It must be approved as part of the CUP for a new commercial use or, where it is proposed to add an accessory dwelling to an existing commercial use, approved via an amendment to the existing CUP. Nonconforming commercial uses may not add an accessory dwelling.
ACCESSORY DWELLING UNIT, EXTERNAL. An accessory dwelling unit that is in a separate structure, but on the same lot as the primary dwelling to which it is accessory, and, when rented, is rented for 30 or more consecutive days. For the purposes of this definition, an ADU may be attached to the primary dwelling via a sidewalk and/or a breezeway, or through a garage, but must have a separate entrance.
ACCESSORY DWELLING UNIT, GUEST. A dwelling unit in a residential zone, in addition to the principal dwelling unit, that is used for family, invitees, caretaking and otherwise which meets the criteria found in § 153.203 of this chapter.
ACCESSORY DWELLING UNIT, INTERNAL. An accessory dwelling unit created:
(1) Within a primary dwelling;
(2) Within the footprint of that primary dwelling at the time the internal accessory dwelling unit is created; and
(3) For the purpose of offering a long-term rental of 30 consecutive days or longer.
ACCESSORY DWELLING UNIT, RENTAL. A dwelling unit in a residential zone, in addition to the principal dwelling unit, that is used as a rental for a term or month to month tenancy pursuant to a CUP, and that meets the criteria found in § 153.203 of this chapter.
ACCESSORY USE. A use that is clearly subordinate and customarily incidental to, and located on the same lot as the principal use to which it is accessory.
ACT. The Municipal Land Use, Development and Management Act, as provided by UCA Chapter 10-9a, as amended.
ACTIVE OR VALID BUILDING PERMIT. A building permit that has not expired.
ADJACENT. Meeting or touching at some point, or across a street, alley or other public or private right-of-way.
AFFECTED ENTITY. A county, municipality, independent special district under UCA Title 17A, Chapter 2, Independent Special Districts, local district under UCA Title 17B, Chapter 2, Local Districts, School District, Interlocal Cooperation Entity established under UCA Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility or the Utah Department of Transportation, if:
(1) The entity’s services or facilities are likely to require expansion or significant modification because of an intended use of land;
(2) The entity has filed with the municipality a copy of the entity’s general or long-range plan; or
(3) 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 the Act.
AGENT. The person with written authorization to represent a property owner.
AGRICULTURAL BUILDING. A structure used solely in conjunction with agriculture use, and not for human occupancy, and complying with the requirements of UCA § 58-56-4, as amended. To qualify as an AGRICULTURAL BUILDING, the structure must be located outside of a residential area, as defined by UCA § 58-56-4(1), as amended.
AGRICULTURAL PRODUCTS. Products intended for direct human or animal consumption, such as vegetables, fruits, dairy products, eggs, grains, meat, poultry, fish, honey, hay and wool.
AGRICULTURE. The production, keeping or maintenance for sale of plants and animals useful to man, including crops and products such as vegetables, fruit trees, hay, sod, grain, honey, milk, cheese and any other agricultural or horticultural products and their storage, the raising thereon of farm poultry and farm livestock and animals, such as cattle, sheep, goats or animals of the Bovinae family; all horses, mules or animals of the Equine family; all pigs, swine or animals of the Suinae family; fur bearing animals, bees and ostriches, rhea and emu; trees and forest products; wholesale fruits of all kinds, including grapes, nuts and berries; wholesale vegetables; wholesale nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. AGRICULTURE does not include concentrated animal feeding operations, as defined by the Administrative Rules of the State of Utah, R317-8-3.5(5)(a) and (b), as amended, and subject to the Utah Pollutant Discharge Elimination System (UPDES).
ALTERATION. Any change, addition or modification in construction of a building or structure.
APPEAL AUTHORITY. 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.
APPLICANT. The owner of land or the owner’s authorized representative.
APPLICATION/LAND USE APPLICATION. A written request for an approval and completed in a manner prescribed by this chapter for review and decision by a land use authority.
APPLICATION, COMPLETE. An application that includes all information requested on the appropriate form and payment of all applicable fees.
APPLICATION, INCOMPLETE. An application that lacks information requested on the appropriate form or lacks the payment of all applicable fees.
AS-BUILT PROFILE. A map or drawing which depicts a vertical section of a road, street, curb, conduit or other physical feature as it has been actually constructed.
AUTOMOTIVE CARE. An establishment providing motor vehicle repair or maintenance services. Typical uses include businesses engaged in the following activities: electronic tune-ups; brake repairs (including drum turning); air conditioning repairs; generator and starter repairs; tire repairs; front-end alignments; battery recharging; lubrication; and sales, repair and installation of minor parts and accessories, such as tires, batteries, windshield wipers, hoses, windows and the like.
AVERAGE LOT SIZE. The average of the sizes of lots within a subdivision. This is calculated by dividing the total area of the parcel or lot being divided by the total number of building lots proposed. Lots that are separately demarked for common use or open space protection are not building lots, nor are rights-of-way, public or private. Lot size averaging may be applied to a lot or parcel only as it existed on the date lot size averaging was adopted into this Code. While not all lots need to be created at the same time, the basis for lot size averaging shall be the lot or parcel size that existed on the date this definition was adopted.
AVERAGE PERCENT OF SLOPE. An expression of rise or fall in elevation along a line perpendicular to the contours of the land, connecting the highest point of land to the lowest point of land within an area or within a lot. A vertical rise of 100 feet between two points 100 feet apart, measured on a horizontal plane, is a 100% slope.
BASEMENT. The portion of a building between floor and ceiling which is partly below and partly above grade, located such that the vertical distance from grade to floor below is more than the vertical distance from grade to ceiling.
BED AND BREAKFAST INN. A residential structure offering transient lodging accommodations where meals may be provided. A BED AND BREAKFAST INN shall have no more than five guest rooms and shall meet all applicable Health, Safety and Building Codes.
BEGINNING OF CONSTRUCTION. The clearing or grading of the land.
BOARD OF ADJUSTMENT. The Board of Adjustment of Boulder Town, Utah.
BORROW PIT. An area used for excavating sand or fill material for transport to another location. Considerations for approving a conditional use permit should include, but are not limited to, the following general concerns: hours of operation; noise levels; traffic issues; blowing soil or sand; wind speed during operation; watering; restoration/revegetation; viewshed; and neighbor comments. The permit will be issued for a period of one year, with conditions reviewed annually. Any non-emergency, fee-based transfer of fill dirt from one property to another owner’s property will be considered a commercial venture and require appropriate business licensing.
BUILDABLE AREA. The portion of a lot remaining after required yards have been provided; except that, land which is considered sensitive land or that has an average grade exceeding 15% shall not be considered BUILDABLE AREA unless it is approved by conditional use permit for construction after study by a geologist, soils engineer or sanitarian as required by the Planning Commission.
BUILDING. A structure having a roof supported by columns or walls for housing, shelter or enclosure of persons, animals or property of any kind.
BUILDING CODE. The International Building Code, as adopted by the town.
BUILDING LOT. For the purposes of lot size averaging, a BUILDING LOT is any lot that is not separately demarked for common use or open space protection and which is, thus, available for any principal use permitted in the applicable zoning district. Building lots must meet the applicable average and minimum lot size established in the Table of Development Standards.
BUILDING OFFICIAL. The person responsible for performing building inspections as required by the adopted Building Code and other applicable codes.
BUILDING, HEIGHT OF. The vertical distance from the average finished grade surface to the highest point of the building roof or coping.
BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which it is located. In a residential zoning district, any dwelling is deemed the PRINCIPAL BUILDING on the lot on which it is situated.
CAMPGROUND. Any area of land upon which two or more campsites are located, established, or maintained for short-term occupancy by a tent or recreational vehicle for recreational or vacation purposes. Campgrounds may also include detached cabins. Campgrounds are a commercial use.
CARPORT. A private garage not completely enclosed by walls or doors. For the purposes of this chapter, a CARPORT shall be subject to all the regulations prescribed for a private garage.
CEMETERY. A place designated for the burial or keeping of the remains of the dead, whether human or animal, including crematories and mausoleums and meeting all applicable local, state and federal requirements and regulations.
CERTIFICATE OF OCCUPANCY. A certificate issued by the town after final inspection and upon a finding that the building, structure or development complies with all provisions of the applicable ordinances, codes, permits, requirements and approved plans.
CHARTER SCHOOL. Includes:
(1) An operating charter school;
(2) A charter school applicant that has its application approved by a chartering entity in accordance with UCA Title 53A, Chapter 1a, Part 5, the Utah Charter Schools Act; and
(3) An entity who is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building.
CHIEF EXECUTIVE OFFICER. The Mayor of Boulder Town, Utah.
CHURCH. A facility principally used for people to gather for public worship, religious training or other religious activities. One dwelling for the housing of the pastor or similar leader of the CHURCH and family will be considered as incidental and a part of this use.
COMMERCIAL. The generic term this chapter uses to refer to the conduct of business, including, but not limited to, retail sales, the provision of services, and industrial activities. By itself, this term tells one nothing about which commercial uses are or are not permitted. Please refer to the table of uses and standards established by §§ 153.115 et seq. Standards that apply to “commercial” uses apply to all of them, except when a specific use is specifically exempted. This term specifically encompasses more specific terms that were used in this chapter prior to the 2021 amendments, including automotive care, commercial sales and services, lodging, professional offices, recreation facilities, restaurants, and veterinary clinics.
COMMERCIAL SALES AND SERVICES. An activity involving the sale of goods and services, including the sale of personal or household goods, for profit. COMMERCIAL SALES AND SERVICES include tradesman’s shops and construction and contractor services. No COMMERCIAL SALES AND SERVICES establishment shall include or provide “drive-up” windows or “drive through” facilities.
COMMISSION. The Planning Commission of Boulder Town, Utah.
COMMON OPEN SPACE. A parcel of land, an area of water, or a combination of land and water within a site designed and intended primarily for the use or enjoyment of residents, occupants and owners within that development.
COMMUNITY MARKET. A community market provides a venue for local growers, and food, craft and service artisans to display and sell items to the public.
COMPATIBLE. Compatible does not mean identical or even nearly the same. That two (2) things are compatible means that they are able to exist together without conflict, that they are reconcilable.
CONCRETE PLANT ASSOCIATED WITH AN EXISTING GRAVEL PIT. A facility, with associated loading and unloading areas, materials, storage areas and equipment, for the manufacture, transfer, storage and distribution of concrete and concrete related products and located within the boundaries of a gravel pit.
CONDITIONAL USE. A use of land that, because of its unique characteristics or potential impact on the town, 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; a use of land for which a conditional use permit is required pursuant to this chapter.
CONSTITUTIONAL TAKING. A governmental action that results in a taking of private property so that compensation to the owner of the property is required by:
(1) Fifth or Fourteenth Amendment of the Constitution of the United States; or
(2) Utah Constitution Article I, § 22.
CONSTRUCTION PLAN. The maps or drawings accompanying an application that show the specific location and design specifications of improvements to be installed in accordance with the requirements of approval.
CONTIGUOUS. The touching or overlap of two or more use district boundaries or property lines.
COUNCIL. The duly elected Town Council of Boulder Town, Utah.
COVERAGE, BUILDING. The percent of the total site area covered by buildings.
CULINARY WATER AUTHORITY. 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.
DAY CARE/PRESCHOOL CENTER. Any facility, at a nonresidential location, operated by a person qualified by the state, which provides children with day care and/or preschool instruction as a commercial business and complying with all state standards and licensing.
DAY TREATMENT FACILITY/PROGRAM. Specialized treatment for less than 24 hours a day, for four or more persons who are unrelated to the owner or provider and is established and operated as required by the standards and rules, as adopted by the Utah State Department of Human Services, governing the licensure of DAY TREATMENT PROGRAMS. A DAY TREATMENT FACILITY/ PROGRAM provides services to individuals who have emotional, psychological, developmental, physical or behavioral dysfunctions, impairments, or chemical dependencies. DAY TREATMENT is provided in lieu of, or in coordination with, a more restrictive residential or inpatient environment or service in accordance with UCA § 62A-2-101.5, as amended.
DISPOSAL. The discharge, deposit, injection, dumping, spilling, leaking or placing of any solid or hazardous waste into or on any land or water so that such waste or any constituent thereof may enter the environment, be emitted into the air or discharged into any waters, including ground waters.
DRIVEWAY. A private roadway, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel on which the driveway is located.
DWELLING. Any building or portion thereof designed or used as the more or less permanent residence or sleeping place of one or more persons, but not including a tent, recreational coach, hotel, motel, hospital or nursing home.
EASEMENT. The portion of a lot or lots reserved for present or future use by a person or agency other than the legal owner(s) of said property(ies). The EASEMENT may be for use under, on or above said lot or lots.
ESSENTIAL FACILITIES. Utilities or sanitary and public safety facilities. All proposed residential or commercial buildings or uses shall be connected to an approved individual septic system.
EXISTING GRAVEL PIT. An open excavation or pit from which gravel or other stones or earthen materials have been obtained by digging, cutting, crushing or blasting, and which existed prior to the adoption of the zoning ordinance, as a legally authorized use.
FACADE. Any portion of a building that faces or is visible from a public way or from a parking lot. Includes walls and all apertures, also any visible element of the roof.
FACILITY. A structure or place that is built, installed or established to serve a particular purpose.
FAMILY. One or more persons occupying a dwelling unit and living as a single housekeeping unit, as distinguished from a group occupying a bed and breakfast, guest ranch, hotel, motel or resort, as herein defined.
FARMSTAND. Farmstands should be accessory to onsite agriculture operations. The intent is to encourage the sale of locally grown fresh produce, not the establishment of traditional retail stores or convenience markets in agricultural and residential zones. Food sales at a FARM STAND must be limited to the following:
(1) Produce and shell eggs; and
(2) Value added and farm products that were grown or produced in close proximity to the farm stand.
FIRE CODE. The fire codes currently adopted into the UCA §§ 15A-1-401 et seq. or its successors.
FLOOD HAZARD. A hazard to land or improvements due to inundation or overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of watercourses.
FLOOR AREA. Area included within surrounding walls of a building or portion thereof exclusive of vents, shafts and courts.
FRONTAGE. All property fronting on one side of the street, highway or private road.
FRONTAGE, BLOCK. 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 that it intercepts.
GEOLOGIC HAZARD. A hazard inherent in 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.
GOVERNING BODY. The elected legislative body of the town.
GRADING. Any excavating, filling or combination thereof. GRADING is regulated by the appendix chapter titled “Excavation and Grading” of the most current edition of the International Building Code (IBC).
GROUP CHILD CARE. The care of children who are family and non-family members in an occupied dwelling, and complying with all state standards and licensing, by the resident of that dwelling at least twice a week for more than three children, but fewer than 17 children. The total number of children being cared for shall include children under the age of four years residing in the dwelling, who are under the supervision of the provider during the period of time the childcare is provided. There shall be at least two care givers at all times when there are nine or more children present.
GUEST RANCH. A guest ranch is an accessory use that provides supplemental income to a working ranch. A guest ranch may be established only in conjunction with an existing, continuing livestock operation that qualifies as a farm use under the Utah Farmland Assessment Act Standards of Practice. A guest ranch includes overnight guest lodging units, recreational activities that are on-site or originate on-site, and food services for guests only.
HAZARDOUS SUBSTANCES. As defined in the Utah Solid and Hazardous Waste Rules, Utah Administrative Code R315.
HAZARDOUS WASTE. As defined in the Utah Solid and Hazardous Waste Rules, Utah Administrative Code R315.
HOME BUSINESS. An industrial or commercial activity that is conducted in a dwelling or in an accessory structure that is appurtenant to a dwelling, and that complies with the standards of §§ 153.400 et seq.
HOME CHILD CARE. Note that Utah State regulations provide the following exemptions for child care: license or certificate and background check not required. The following types of care do not require a child care license or certificate form, or the submission of background check documents to the Department: (a) care provided on no more than two days during any calendar week; (b) care provided in the home of the provider for less than four (4) hours per day, or for fewer than five(5) unrelated children in the home at one time; (c) care provided in the home of the provider on a sporadic basis only.
HOME OCCUPATION, MINOR. An activity carried out for gain by a resident and conducted entirely within the resident’s home and/or a separate building of no more than 750 square feet and is clearly incidental and accessory to the residential use of the dwelling or property; and, provided that, the home occupation does not change the residential character of the residence and does not result in noise, vibration, light, odor, dust, smoke or other air pollution noticeable at or beyond the property line, does not include any outside storage of goods, materials or equipment, has no signage, complies with all required federal and state licensing requirements, complies with all required local licensing requirements.
HOME PRESCHOOL. A preschool program complying with all state standards and licensing for non-family members in an occupied dwelling, by residents of that dwelling, in which lessons are provided for not more than six children for each session of instruction. Sessions shall last for not more than four hours and shall not overlap. Individual children may attend only one preschool session in any 24-hour period.
IDENTICAL PLANS. Building plans submitted to the town that are substantially identical to building plans that were previously submitted to and reviewed and approved by the Building Official and describe a building that is:
(1) Located on land zoned the same as the land on which the building described in the previously approved plans is located; and
(2) Subject to the same geological and meteorological conditions and the same law as the building described in the previously approved plans.
ILLEGAL BUILDING/STRUCTURE. A building or structure, or portion thereof, established without securing the necessary approvals, permits or licenses, as required by this chapter, the adopted Building Code, or their prior enactments.
ILLEGAL LOT. A lot created that has not received the necessary approvals, permits or licenses, as required by the town’s land use ordinances.
ILLEGAL USE. A use established without receiving the necessary approvals, permits or licenses, as required by the town’s land use ordinances.
IMPORTATION. The act or business of bringing in wastes, substances or materials from a county, state or country outside the boundaries of the town.
IMPROVEMENTS. Street grading, street surfacing and paving, water mains and lines, water meters, fire hydrants, sanitary sewers, storm drainage facilities, culverts, bridges, public utilities or other such installations designated by the Planning Commission or Town Council.
INDUSTRIAL. The generic term this chapter uses to refer to the processing, manufacturing, assembly, and/or distribution of goods or products and/or the collection and processing of wastes. By itself, this term tells one nothing about which industrial uses are or are not permitted. Please refer to the table of uses and standards established by §§ 153.115 et seq. Standards that apply to “industrial” uses apply to all of them, except when a specific use is specifically exempted. For the purposes of this chapter, industrial uses are regulated as commercial uses. The raising of crops or livestock is not industrial for the purposes of this chapter.
INFECTIOUS WASTE. A solid waste that contains or may be reasonably expected to contain pathogens of sufficient virulence and quantity that exposure to the waste by a susceptible host could result in an infectious disease.
INHERENTLY WASTE-LIKE. Materials include those listed in 40 C.F.R. § 261.2(c), UHWMR 450-2.1-1 and material that is ordinarily disposed of, burned or incinerated or that contains toxic constituents which are not ordinarily found in raw materials or products for which the materials substitute and are not used or reused during the recycling process and which may pose a substantial hazard to human health and the environment when recycled.
INTENSITY. The concentration of activity such as combination of the number of people, cars, visitors, customers, hours of operation, outdoor advertising, numbers of buildings, numbers of livestock and the like.
JUNK. Any old or scrap copper, brass, rope, rags, batteries, paper, trash, wood and rubber debris, waste or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.
LANDSCAPING. Any combination of living plants such as trees, shrubs, plants, ground cover or turf, and structural features such as walkways, fences, benches, works of art, reflective pools, fountains, or the like. Landscaping also includes irrigation systems, mulches, soil preparation and treatment, revegetation, and or the preservation, protection and replacement of existing vegetation. Landscaping may be irrigated, a xeriscape, or some combination of both. See WATER WISE LANDSCAPING.
LAND USE. The manner in which land is occupied or used.
LAND USE APPLICATION. An application required by the town’s land use ordinances, and required to initiate the review procedures for any required approval.
LAND USE APPROVAL. Any authorization received from a land use authority that permits the commencement of a development activity.
LAND USE AUTHORITY. A person, board, commission, agency or other body designated by the Council to act on a land use application.
LAND USE ORDINANCE. A planning, zoning, development or subdivision ordinance of the town, including this chapter, but does not include the town’s General Plan or any element thereof.
LAND USE PERMIT. A permit issued by a land use authority.
LEGAL BUILDING/STRUCTURE. A building or structure, or portion thereof, established after receiving the necessary approvals, permits or licenses, as required by the land use ordinances and complying with the requirements of the land use ordinances and Building Code.
LEGAL LOT OF RECORD. Any lot, parcel or tract of land that existed, as recorded in the office of the Garfield County Recorder, with a separate property identification number as provided by the office of the County Recorder and office of the County Assessor, prior to the date of the adoption of the first town subdivision ordinance, and all lots, parcels and tracts of land that were legally created pursuant to the subdivision requirements of the town’s land use ordinances and the laws of the state after the date of the adoption of the first town subdivision ordinance.
LEGAL USE. A use complying with the requirements of this chapter.
LEGISLATIVE BODY. The duly elected Town Council of Boulder Town, Utah.
LICENSED FAMILY CHILD CARE. The care of children who are non-family members in an occupied dwelling. Utah State license required: a person or persons shall be licensed under this rule if they provide child care: (a) in the home where they reside; (b) in the absence of the child’s parent; (c) for five (5) to sixteen (16) unrelated children; (d) for four (4) or more hours per day; (e) on a regularly scheduled, ongoing basis; and (f) for direct or indirect compensation.
LIGHT MANUFACTURING. The assembly, fabrication or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare or health or safety hazards outside of the building or lot where such assembly, fabrication or processing takes place, where such processes are housed entirely within a building, or where the area occupied by outdoor storage of goods and materials used in such processes does not exceed 25% of the floor area of all buildings on the property. LIGHT MANUFACTURING generally includes processing and fabrication of finished products, predominantly from previously prepared materials and includes processes that do not require extensive floor areas or land areas.
LODGING. A building or group of buildings containing guest rooms, used or intended wholly or in part for the accommodation of transients visitors. Lodging places may also provide additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities. Bed and breakfast inns and short term rentals are separately defined and regulated.
LOT. A lot is any area of land that is separately demarked on a recorded subdivision plat, whether called a lot or not.
LOT, CORNER. A lot abutting on two intersecting or intercepting streets, where the interior angle of intersection or interception does not exceed 135 degrees.
LOT, COVERAGE. The percentage of the total area of a lot or parcel which is occupied by all buildings, covered structures, or other impervious surfaces.
LOT, DEPTH. For lots having front and rear lot lines which are parallel, the shortest horizontal distance between such lines; for lots having front and rear lot lines which are not parallel, the shortest horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line; and for triangular shaped lots, the shortest horizontal distance between the front lot line and a line within the lot, parallel with and at a maximum distance from the front lot line having a length of not less than ten feet.
LOT, ILLEGAL. A lot that has not received the necessary approvals, permits or licenses, as required by the town’s land use ordinances and state laws, or their prior enactments.
LOT, LEGAL. A lot that has received the necessary approvals, permits or licenses, as required by the town’s land use ordinances, or their prior enactments.
LOT, LINE. Any line bounding a lot.
LOT LINE ADJUSTMENT. A lot line adjustment occurs when the owners of adjoining lots within a recorded subdivision agree to change lot lines or when the owner of a lot within a subdivision agrees with the owner of an adjoining parcel to change boundaries between the lot and the parcel. A LOT LINE ADJUSTMENT cannot create a new parcel or lot. It can be used to change the boundary between a right-of-way and adjoining lots. For the regulation of lot line adjustments, please see § 152.116.
LOT, NON-COMPLYING (LEGAL). A lot, parcel or tract of land that:
(1) Legally existed before its current zoning designation;
(2) Has been shown as a separate lot, parcel or tract continuously on the records of the County Recorder as an independent parcel since the time the zoning requirements governing the lot, parcel or tract changed; and
(3) Because of subsequent zoning changes does not now conform with the requirements of the zoning district in which the lot, parcel or tract is located.
LOT, NON-COMPLYING (ILLEGAL). A lot, parcel or tract of land that:
(1) Was created without receiving the necessary approvals, permits or licenses, as required by the town’s land use ordinances and state laws, and their prior enactments; and
(2) Does not conform with the requirements of the zoning district in which the lot, parcel or tract is located.
LOT, OF RECORD. A lot that is part of a subdivision, the plat of which has been recorded in the office of the County Recorder; or a lot, parcel or tract of land, the deed of which has been recorded in the office of the County Recorder.
LOT, RIGHT-OF-WAY. A strip of land connecting a lot to a street for use as private access to that lot.
LOT, WIDTH. For rectangular lots, lots having side lot lines not parallel and lots on the outside of the curve of a street, the distance between side lot lines measured at the required minimum front yard line on a line parallel with the street or long chord; and for lots on the inside of the curve of a street, the distance between side lot lines measured 30 feet behind the required minimum front yard line on a line parallel with the street or long chord.
LOT LINE, FRONT. The boundary of a lot which separates the lot from the street; and in the case of the corner lot, the FRONT LOT LINE is the shorter of the two lot lines separating the lot from the street; except that, where these lot lines are equal or within 15 feet of being equal, either lot line may be designated the FRONT LOT LINE, but not both.
LOT LINE, REAR. The boundary of a lot which is most distant from, and is, or is most nearly, parallel with the front lot line; except that, in the absence of a rear lot line as is the case of the triangular shaped lot, the REAR LOT LINE may be considered as a line within the lot, parallel with and at a maximum distance from the front lot line, having a length of not less than ten feet.
LOT LINE, SIDE. The boundary of a lot that is not a front lot line or a rear lot line.
LUDMA. The Municipal Land Use, Development and Management Act, as provided by UCA Chapter 10-9a, as amended.
MANUFACTURED HOME. A transportable, factory-built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, and when erected on site, the home must be at least 20 feet in width at the narrowest dimension, have exterior and roofing materials acceptable to the International Building Code (IBC) and be located on a permanent foundation and connected to the required utilities, including plumbing, heating, air conditioning and electrical systems. A MANUFACTURED HOME shall be identified as real property on the property assessment rolls of Garfield County. All manufactured homes constructed on or after June 15, 1976, shall be identified by the manufacturer’s data plate bearing the date the unit was manufactured and a HUD label attached to the exterior of the home certifying the home was manufactured to HUD standards.
MINIMUM LOT SIZE. The smallest lot or parcel on which any principal use will be permitted. § 153.199 of this Code allows the Town to approve smaller lots separately demarked for open space protection or common use. Section 153.267 allows for exceptions for existing small lots.
MOBILE FOOD BUSINESS. A “mobile food business” serves food and/or beverages from a self-contained unit either motorized or in a trailer on wheels, and conducts all or part of its operation on premises other than its own and is readily movable, without disassembling, for transport to another location.
MOBILE HOME. A transportable structure in one or more sections with the plumbing, heating, and electrical systems contained within the unit, which when erected on a site, may be used with or without a permanent foundation as a family dwelling. See UCA § 57-16-3.
NATURAL WATERWAYS. Those areas varying in width along streams, creeks, gullies, springs, faults or washes which are natural drainage channels as determined by the Zoning Administrator, and in which areas no buildings shall be constructed.
NOMINAL FEE. A fee that reasonably reimburses the town only for time spent and expenses incurred in:
(1) Verifying that building plans are identical plans; and
(2) Reviewing and approving those minor aspects of identical plans that differ from the previously reviewed and approved building plans.
NON-COMPLYING STRUCTURE. A structure that:
(1) Legally existed before its current land use designation; and
(2) 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.
NON-CONFORMING USE. A use of land that:
(1) Legally existed before its current land use designation;
(2) Has been maintained continuously since the time the land use ordinance governing the land changed; and
(3) Because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land.
NUISANCE. Any use or activity which emits noise, smoke, dust, odor or vibration in amounts sufficient to substantially depreciate values of surrounding buildings or lands or a use or activity which substantially deprives the owners of adjoining property of a property right.
OFFICIAL MAP. A map adopted by the Council and recorded in the County Recorder’s office that:
(1) Shows actual and proposed rights-of-way, centerline alignments and setbacks for highways and other transportation facilities;
(2) 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
(3) Has been adopted as an element of the town’s General Plan.
OFFICIAL ZONING MAP/ZONING DISTRICTS MAP. The map adopted by the Council showing the geographic location of zoning districts.
OPEN SPACE. Different, separate types dependent upon occupancy, use and control. All types of OPEN SPACE are referred to collectively as OPEN SPACE in this chapter. Any of these types of OPEN SPACE could be public or private open space. They shall include the following.
(1) AGRICULTURAL OPEN SPACE. Open lands left undisturbed or dedicated primarily as usable agricultural lands for farming and ranching purposes.
(2) LANDSCAPED OPEN SPACE. Landscaped areas free of building, parking lots and driveways.
(3) NATURAL OPEN SPACE. Natural, undisturbed areas with little or no improvements or irrigation.
(4) RECREATIONAL OPEN SPACE. Parks and areas of active recreation use, to include trails and all uncovered recreational facilities.
OPERATING HOURS. Operating hours include all hours a business is in operation, not just those when it is open to the public.
OUTPATIENT TREATMENT FACILITY/PROGRAM. Individual, family or group therapy or counseling designed to improve and enhance social or psychological functioning of those consumers whose physical or emotional status allows them to continue functioning in their usual living environment in accordance with UCA § 62A-2-101.15, as amended, and as required by the standards and rules, as adopted by the Utah State Department of Human Services, governing the licensure of OUTPATIENT TREATMENT PROGRAMS. An OUTPATIENT TREATMENT FACILITY/PROGRAM shall serve consumers who require less structure than offered in day treatment facility/program. Consumers are provided treatment as often as determined and noted in the treatment plan.
PARCEL. A parcel is any area of land that is not a lot. In the administration of this Code, there are no lots outside of recorded subdivisions, there are no parcels within recorded subdivisions.
PARCEL BOUNDARY ADJUSTMENT. A parcel boundary adjustment occurs when the owners agree to adjust the boundary between adjoining parcels. A parcel boundary adjustment cannot create a new parcel or lot. It can be used to change the boundary between a right-of-way and a parcel. For the regulation of parcel boundary adjustments, please see § 152.115.
PARKING LOT. An open area, other than a street, used for the parking of more than four automobiles and available for public use, whether free, for compensation or accommodation for clients or customers.
PERMITTED USE. A use of land for which no conditional use permit is required.
PLANNING COMMISSION. The Planning Commission of Boulder Town, Utah.
PLAT. A map or other graphical representation of lands being laid out and prepared in accordance with UCA §§ 10-9a-603, 17-23-17 or 57-8-13, as amended.
PLAT, FINAL. A drawing prepared in accordance with the land use ordinances showing the final design of a land division and complying with all standards and requirements of best surveying practice and in a form required by the County Recorder’s office for recordation.
PLAT, PRELIMINARY. A drawing prepared in accordance with the land use ordinances showing the design of a proposed land division.
PLOT PLAN. A plat of a lot, drawn to scale, showing its actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets and such other information as may be required by the town’s Planning Commission.
PRIMARY DWELLING. A single-family dwelling that:
(1) Is detached; and
(2) Is occupied as the primary residence of the owner of record.
PRINCIPAL USE. The primary purpose or function for which a parcel is used.
PROFESSIONAL OFFICES. A building for the professions including, but not limited to, government, physicians, dentists, lawyers, realtors, architects, engineers, artists, musicians, designers, teachers, accountants and others who, through training, are qualified to perform services of a professional nature and where no storage or sale of merchandise exists.
PROPOSED (FUTURE) LAND USE MAP. A map designed to show the acceptable or anticipated change of land use.
PUBLIC. That which is under the ownership or control of the United States Government, Utah State or any subdivision thereof, Garfield County or Boulder Town (or any departments or agencies thereof).
PUBLIC HEARING. A hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing.
PUBLIC IMPROVEMENT. Any street dedications, installations of curb, gutter, sidewalk, road base and asphalt, water, sewer and storm drainage facilities, or other utility or service required to provide services to a lot, parcel, building or structure.
PUBLIC MEETING. A meeting that is required to be open to the public under UCA Title 52, Chapter 4, the Open and Public Meetings Act.
PUBLIC USES AND UTILITIES. 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 facilities, gas and electricity facilities, recycling and waste management, cable television facilities and telecommunications facilities, but excluding prisons. Proposed public facilities, including significant changes in or additions to existing facilities require a CUP.
QUASI-PUBLIC USE. A use operated by a private non-profit, educational, religious, recreational, charitable or philanthropic institution, such use having the purpose primarily of serving the public, such as churches, private schools and universities and similar uses.
RECORD OF SURVEY MAP. A map of a survey of land prepared in accordance with UCA § 17-2317, as amended.
RECREATIONAL VEHICLE OR RV. A vehicular camping unit designed as temporary living quarters for recreational, camping, travel, or seasonal use that either has its own motive power or is mounted on or towed by another vehicle. Recreational vehicles include, but are not limited to, camping trailers, fifth wheel trailers, motor homes, park trailers, travel trailers, and truck campers that are in operating condition.
RELATIVE STANDARD. A standard adopted in §§ 15.400 et seq. or 153.415 et seq. on which the performance of a proposed home business or commercial development receives a point score as part of the Planning Commission’s review of the application for a CUP. These standards are used to encourage or discourage certain development practices that are not absolute requirements, but part of the trade-offs that must be considered. A proposed development must receive a score of zero or better on the relative standards in order to obtain a CUP.
RESIDENTIAL DAY CARE CERTIFICATE. The care for children who are family and non-family members in an occupied dwelling, and complying with all State standards and licensing. Utah State certificate required: a person or persons shall be certified as a residential child care provider under this rule if they provide child care: (a) in the home where they reside; (b) in the absence of the child’s parent; (c) for five (5) to eight (8) unrelated children; (d) for four (4) or more hours per day; (e) on a regularly scheduled, ongoing basis; and (f) for direct or indirect compensation.
RESIDENTIAL FACILITY FOR ELDERLY PERSONS. A facility as defined by UCA § 10-9a-103, as amended.
RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY. A residential dwelling (for four or more persons) as licensed by the Department of Human Services, Division of Services for People with Disabilities. “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 impairment or being regarded as having such impairment (UCA § 57-21-2(9)(a), as amended). “Disability” does not include current illegal use of, or addiction to, any federally controlled substance, as defined in § 102 of the Controlled Substances Act, 21 U.S.C. § 802 (UCA § 57-21-2(9)(b), as amended). “Disability” does not include placement in lieu of confinement, rehabilitation or treatment in a correctional facility.
RESIDENTIAL SHORT-TERM RENTALS (RSTR). Occupancy of a dwelling on a single-family legal lot of record by a transient guest(s) renting the entirety of the dwelling, or any portion thereof, for any period between one to twenty nine (29) consecutive nights pursuant to a conditional use permit (CUP).
RESTAURANT. An establishment where food and drink is prepared, served and consumed within the building. RESTAURANT does not include uses that are identified as take-out or drive-in restaurants; where food is served primarily in paper, plastic or other disposable containers; where customers may
remove such food or beverage products from the food service establishment for consumption; and the establishment is required by contractual or other arrangements to operate with standardized menus, ingredients, architecture, decor, uniforms or similar standardized features.
RIGHT-OF-WAY. Rights-of-Way are separately owned, generally linear areas of land that provide circulation, irrigation, or utility service to adjoining lots or parcels.
RIGHT-OF-WAY (LOT). A strip of land not less than 16 feet in width connecting a lot to a street for use as private access to that lot.
ROAD. A public or private thoroughfare that affords a means of access to abutting property.
SANITARY SEWER AUTHORITY. The department, agency or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems.
SCHOOL. Any building or part thereof that is designed, constructed or used for education or instruction by a public or private organization in any branch of knowledge, but excluding preschool center.
SETBACK. The required minimum distance between the building and the related front, side or rear lot line.
SIGN. Any device for visual communication, including any structure or natural object or part thereof that is used for the purpose of bringing the subject thereof to the attention of the public, but not including, any flag, badge or insignia of any government or governmental agency, or any civic charitable, religious, patriotic, fraternal or similar organization.
(1) A-FRAME SIGN. Any sign or structure composed of two sign faces mounted or attached back-to-back in such a manner as to form a triangular vertical cross-section.
(2) ALTERED. A sign that is raised, moved, extended or enlarged.
(3) ANIMATED SIGN. Any sign which is designed and constructed to give its message through movement or semblances of movement created through a sequence of progressive changes of parts, lights or degree of lighting; exhibits a string of lights for the purpose of attracting attention; or contains flashing, blinking, moving or glaring illumination.
(4) BACK-LIGHTED SIGNS. Any sign that is illuminated by a light source that emanates from behind the sign face.
(5) BILLBOARD. A structure designed, intended or used for advertising a project, property, business, entertainment, service, amusement or the like and not located on the premises where the matter advertised is available or occurs.
(6) BUILDING. Any structure used or intended to be used for the shelter or enclosure of persons, animals or property.
(7) BUILDING FACE. The visible outer surface of a main exterior wall of a building.
(8) BUILDING SIGN. A sign attached or painted on the exterior walls of a building.
(9) CANOPY or MARQUEE. Any roofed structure attached to and supported by a building and projecting out from the building wall.
(10) CO-LOCATED DIRECTIONAL SIGN. A sign, located at a directional sign location and provided to allow the for directional information for business located within the town, which does not exceed five feet in length by 16 inches in width and where the total area of all co-located directional signs does not exceed 36 square feet at one directional sign location.
(11) DIRECTIONAL SIGN. A sign, not exceeding 36 square feet, and provided to allow directional information for business located within the town.
(12) DIRECTIONAL SIGN LOCATION. A location provided for the establishment of directional signs and limited to the corners of the intersection of Highway 12 and the Burr Trail. The total area of all directional signs allowed at each corner shall not exceed 36 square feet.
(13) DIRECTORY SIGN. A sign erected on a building wall at the ground floor level and containing name identification for more than one activity or business located on a single premises.
(14) DOUBLE-FACED SIGN. A free-standing sign with two identical, opposing sign faces shall count as one free-standing sign.
(15) ERECT. To build, construct, place, relocate, enlarge, substantially alter, attach, suspend, paint, post or display. Normal maintenance, including refinishing, is not included in this definition provided the sign copy is not changed or altered.
(16) FREE-STANDING SIGN. Any sign that is standing on or erected into the ground. Such signs are usually supported from the ground by one or more posts or similar uprights with or without braces.
(17) ILLEGAL SIGN. Any sign which does not conform to the requirements of this chapter and was constructed or installed without the necessary approvals, permits or licenses required by this chapter or prior enactments.
(18) LEGAL SIGN. A sign that conforms to the requirements of this chapter and has received all necessary approvals, permits or licenses, as required by this chapter, or prior enactments.
(19) OFF-PREMISES SIGN. Any sign which advertises products, services or business establishments which are not located, conducted, manufactured or sold upon the same premises upon which the sign is erected.
(20) ON-PREMISES SIGN. Any sign which advertises products, services or business establishments which are located, conducted, manufactured or sold upon the same premises upon which the sign is erected.
(21) OUTDOOR ADVERTISING STRUCTURE. A structure erected and maintained for outdoor advertising purposes upon which a poster, bill, printing or painting may be placed to advertise products, goods, services or business establishments for those located, conducted, manufactured or sold upon the premises on which the structure is erected.
(22) PARAPET SIGN. A sign located on any extension of the walls of the building above the connection of the roof structure to the building walls.
(23) PERSON. Includes a firm, association, organization, partnership, trust company or corporation, as well as individual, but does not include a governmental unit.
(24) PREMISES. The parcel of property on which the business is located.
(25) PROJECTING SIGN. An outdoor sign which is attached to a building or structural wall at an angle.
(26) PROPERTY. Land or real estate, with or without structures; not goods or services.
(27) PUBLIC WAY or PUBLIC RIGHT-OF-WAY. Any way designed for vehicular or pedestrian use and maintained with public funds.
(28) ROOF SIGN. Any sign which is erected upon or over the roof or over a parapet of any building or structure.
(29) SIGN. A sign is an object, device or structure or part thereof situated outdoors or displayed in a window visible from a public way, free standing or attached, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, advertising flags, fixtures, colors, illuminations or projected images.
(30) SIGN AREA. The area which encompasses the sign face, including copy, insignia, background and borders.
(31) SIGN FACE. The surface of a sign visible from the public way. Each SIGN FACE counts as one sign. Exception: see DOUBLE-FACED SIGN.
(32) TEMPORARY SIGN. A sign or advertising display intended to be displayed for a maximum period of 120 days.
(33) VISIBLE. Capable of being seen without visual aid by a person of normal visual acuity.
(34) WALL SIGN. Any sign posted, painted upon or otherwise affixed to a wall, fascia, canopy or marquee.
(35) WIND SIGN. Any propeller, whirligig, pennant, flag, banner or similar commercial device which is designed to flutter, rotate or display other movement under the influence of wind.
(36) WINDOW SIGN. A sign fastened to, or painted on the window of a building or structure in such a manner that the window becomes the supporting structure for, or forms the background surface of, the sign.
SINGLE-FAMILY DWELLING. A building arranged or designed to be used for and containing one dwelling unit. An internal accessory dwelling unit may be included as part of any single-family dwelling, in accord with state law and all applicable requirements of this chapter.
SITE PLAN. A plan required by and providing the information required by this chapter.
SLOPE. The level of inclination of land from the horizontal determined by dividing the horizontal run of the slope into the vertical rise of the same slope and converting the resulting figure into a percentage value. For purposes of regulation and measurement, SLOPES must cover at least 25 feet vertically and 50 feet horizontally.
SOLID WASTE.
(1) As per UCA § 19-6-102(16), any garbage, refuse, sludge, including sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, or other discarded material, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, mining or agricultural operations and from community activities, but does not include solid or dissolved materials in domestic sewage or in irrigation return flows or discharges for which a permit is required under UCA Title 19, Chapter 5, Water Quality Act, or under the Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq. A SOLID WASTE is considered a hazardous waste if it is listed as hazardous or if it exhibits any one of the hazardous characteristics set forth hereafter. “Hazardous waste” (as per
UCA § 19-6-102(9)) means a solid waste or combination of solid wastes which, because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
(2) SOLID WASTE does not include any of the following wastes unless the waste causes a public nuisance or public health hazard or is otherwise determined to be a hazardous waste:
(a) Certain large volume wastes, such as inert construction debris used as fill material;
(b) Drilling muds, produced waters and other wastes associated with the exploration, development or production of oil, gas or geothermal energy;
(c) Fly ash waste, bottom ash waste, slag waste and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels;
(d) Solid wastes from the extraction, beneficiation and processing of ores and minerals; or
(e) Cement kiln dust.
SPECIAL DISTRICT. An entity established under the authority of UCA Title 17A, Special Districts, as amended, and any other governmental or quasi-governmental entity that is not a county, municipality, school district or unit of the state.
SPECIAL EVENTS. An event advertised to the general public and established for a maximum period of seven consecutive days per event, and limited to six such events per property or applicant, per calendar year. SPECIAL EVENTS may include, but are not limited to: non-profit fund-raising activities conducted by a registered non-profit organization; organized events such as educational, historic, religious, and patriotic displays or exhibits; concerts; athletic or recreational events; festivals; street fairs; arts and crafts fairs.
SPECIFIED PUBLIC UTILITY. An electrical corporation, gas corporation or telephone corporation, as those terms are defined in UCA § 54-2-1, as amended.
STORAGE. The actual or intended containment of solid or hazardous waste either on a temporary basis or for a period of years in such a manner as not to constitute disposal of such waste.
STORY. The portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the surface of such floor and the ceiling or roof above it.
STORY, HALF. A partial story under a gable, hip or gambrel roof, the wall plates of which on at
least two opposite exterior walls do not extend more than four feet above the floor of such story, and the ceiling area of which does not exceed two-thirds of the floor area of the same HALF STORY.
STREET LINE. The boundary which separates the right-of-way of a street from the abutting property.
STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any rebuilding of the roof or exterior walls.
STRUCTURE. Anything constructed or erected which requires location on the ground or attached to something having location on the ground, but not including tents, vehicles, travel trailers or mobile homes.
SUBDIVISION. Any land that is divided, re-subdivided or proposed to be divided into two or more lots, plots, parcels, sites, units 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. SUBDIVISION includes the division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument. SUBDIVISION does not include a bona fide division of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates this code or a parcel boundary adjustment as defined by § 152.006(C) of this code.
SUBSTANTIAL MODIFICATION. A change that significantly alters the impacts and/or character of a structure, development or use.
TEMPORARY USE - LONG-TERM. A use established for a maximum period of one hundred twenty (120) days, such use being discontinued after the expiration of one hundred twenty (120) days. Long term temporary uses may include: temporary signs, farm or produce stands; temporary commercial sales such as Christmas tree lots; farmer’s markets; construction offices; materials and/or equipment storage; seasonal activities such as corn mazes and pumpkin patches. Other long-term temporary uses will be allowed if approved by the Zoning Administrator.
TOWN ATTORNEY. An attorney admitted to practice law in the state and so appointed by the Council.
TOWN ENGINEER. A registered civil engineer so appointed by the Council.
TREATMENT. A method, technique or process designed to change the physical, chemical or biological character or composition of any solid or hazardous waste so as to neutralize such waste or so as to render such waste non-hazardous, safer for transport, amenable for recovery, amenable to storage or reduced in volume.
USE. The purpose or purposes for which land or a building is occupied, maintained, arranged, designed or intended.
VARIANCE. Permission from the Board of Adjustment to depart from the development requirements of this chapter including setbacks, side yards and frontage requirements and if such permission is not granted would render the property unusable.
WATER WISE LANDSCAPING. A landscaping plan developed especially for arid and semiarid climates utilizing water-conserving techniques, such as the use of drought-tolerant plants, mulch, and efficient irrigation, that reduces the need for supplemental irrigation. “Xeriscape” is a form of Water Wise Landscaping. Plants, trees, and shrubs that are appropriate to the local climate are used, and care is taken to avoid losing water to evaporation and run-off. A Water Wise Landscape is a mix of plantings and other landscaping materials with at least fifty percent (50%) of the landscaped area containing plants, trees, and shrubs. The use of mulch coverings, organic or stone, without fifty percent (50%) plantings does not constitute a Water Wise Landscape.
WIRELESS TELECOMMUNICATION EQUIPMENT. Any equipment used to provide wireless telecommunication service, but which is not affixed to or contained within a wireless telecommunication service facility, but is instead affixed to or mounted on an existing building or structure that is used for some other purpose.
WIRELESS TELECOMMUNICATION FACILITY. Any freestanding facility, building, pole, tower or structure used to provide only wireless telecommunication services, and which consists of, without limitation, antennae, equipment and storage and other accessory structures used to provide wireless telecommunication services.
WIRELESS TELECOMMUNICATION SERVICES. Services providing for the transmission of wireless communications utilizing frequencies authorized by the Federal Communications Commission for paging systems, enhanced specialized wireless telecommunication, personal communication services or cellular telephone.
YARD. The open space at grade level between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this chapter. In measuring a YARD for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the principal building is to be used; however, on any lot wherein a setback line has been established by the regulations of this chapter for any street abutting the lot, such measurement is to be taken from the principal building to the setback line.
YARD, FRONT. A yard extending across the front width of a lot and being the minimum horizontal distance between the street line and the principal building or any projection thereof, other than steps, unenclosed balconies and unenclosed porches. The FRONT YARD of a corner lot is the yard adjacent to the designated front lot line.
YARD, REAR. A yard extending between the side yards of a lot or between the side lot lines in the absence of side yards, and being the minimum horizontal distance between the rear lot line and the rear
of the principal building or any projection thereof, other than steps, unenclosed balconies or unenclosed
porches. On corner lots and interior lots, the REAR YARD is in all cases at the opposite end of the lot from the front yard.
YARD, SIDE. A yard between the building and the side lot and extending from the front yard to the rear lot line as defined or along the full depth in absence of front and rear yards and being the minimum horizontal distance between a side lot line and the side of the principal building or any projection thereof, other than steps, unenclosed balconies or unenclosed porches. An INTERIOR SIDE YARD is defined as the side yard adjacent to a common lot line.
ZONING DISTRICT. Any portion of the incorporated area of the town in which the same zoning regulations apply.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 20; Ord. 2021-2, passed - -2021; Ord. 2021-5, passed 11-4-2021; Ord. 2021-7, passed 12-2-2021; Ord. 2024-1, passed - -2024)