For the purpose of applying the table of uses and rendering other decisions required by this title, the uses identified in the table of uses and other terms appearing in this title are hereby defined as follows:
ACCESSORY DWELLING: A dwelling unit located on the same parcel as a permitted principal use which is secondary to the permitted principal use.
ACCESSORY STRUCTURE: A subordinate structure detached from, but located on the same lot as, the principal use, the use of which is incidental and accessory to that of the principal use.
ADVERSELY AFFECTED PARTY: A person other than a land use applicant who either owns real property adjoining the property that is the subject of a land use application or land use decision or who will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision.
AFFECTED ENTITY: A county, municipality, local district, special service district under Utah Code Annotated title 17D, chapter 1, special service district act, school district, interlocal cooperation entity established under Utah Code Annotated title 11, chapter 13, interlocal cooperation act, specified property owner, property owners' association, public utility or the Utah department of transportation, if:
A. The entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;
B. The entity has filed with the county a copy of the entity's general or long range plan; or
C. The entity has filed with the county a request for notice during the same calendar year and before the county provides notice to an affected entity in compliance with a requirement imposed under this title.
AGRICULTURAL EXPERIMENT STATION/AGRICULTURAL FIELD STATION: An area with associated accessory buildings and structures owned by an agency of the federal or state government or educational institution for the raising of crops and the raising and keeping of farm animals for the purpose of scientific study and experimentation.
AGRICULTURAL PRODUCTS PROCESSING AND STORAGE: The processing and storage of agricultural products brought to the site, including, but not limited to, cleaning, sorting, grading, packaging, milling, or storing of products which are intended for direct human or animal consumption or use. This use does not include the commercial slaughtering or the processing and packaging of meat and poultry.
AGRICULTURAL RETAIL SALES: A location for the retail sale of horticultural products which are grown and sold on site. Products can only be sold on a seasonal basis with no permanent structure. Approval of the Utah department of transportation or Duchesne County road department is required if said agricultural retail sales facility has direct access from a state highway or county road.
AIRPORT: Any area of land, water or both that:
A. Is used or is made available for landing and takeoff of aircraft;
B. Provides facilities for the shelter, supply and repair of aircraft and handling of passengers and cargo; and
C. Meets the minimum requirements established by the operations division of the Utah department of Transportation as to size and design, surface, markings, equipment and operations.
AIRSTRIP: A runway without normal air base or airport facilities.
ANIMAL FEEDING OPERATION: A lot or facility where the following conditions are met: (a) animals have been, are or will be stabled or confined and fed or maintained for a total of forty five (45) or more days in any twelve (12) month period; and (b) crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.
APARTMENT: A multiple dwelling. See definition of dwelling, multiple-family.
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.
ASSISTED CARE CENTER: A facility that provides less than twenty four (24) hour assisted care or supervision for five (5) or more persons, fourteen (14) years of age and older, and who are not related by blood, marriage or adoption to the owner or operator, with or without compensation for such care, and with or without stated educational purpose.
BAKERY: An establishment for the production of baked bread, cakes and similar goods, primarily for sale to the public or to other commercial establishments.
BANK: A financial institution for the extension of credit, and the custody, loan or exchange of money, which may have drive- through services.
BASEMENT: That portion of a building between floor and ceiling, which is partly below and partly above grade, and is located so that the vertical distance "B" is greater than the vertical distance "A". Where the vertical distance "A" is greater than or equal to the vertical distance "B", it is a story.
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 more than ten (10) guests per night and must be located to be served by adequate existing public services.
BOARDING HOUSE: A residential structure, a portion of which is used to accommodate for compensation no more than three (3) boarders or roomers, not including members of the owner's immediate family.
BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING HEIGHT: The vertical distance from the "grade" to the highest point of the structure.
BUILDING MATERIALS OR GARDEN STORE: A facility for the sale of home, lawn and garden supplies; lumber; firewood; fence posts; fencing; and other similar materials. This use may include the outside storage of materials.
CABINET SHOP, CARPENTRY OR FURNITURE MAKING FACILITIES: A building for the manufacturing, repairing or refinishing of furniture or wood products for retail or wholesale.
CAMPGROUND: A privately owned area of land with accommodations for temporary or transient occupancy upon which are located or may be placed tents and recreational vehicles with customary accessory uses.
CAMPING TRAILER: A vehicle unit mounted on wheels and constructed with collapsible partial side walls which fold when the unit is towed by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping or travel use, and has a floor area of less than two hundred twenty (220) square feet, excluding built in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures and bath or toilet rooms.
CANNABIS PRODUCTION ESTABLISHMENT: A cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory.
CAR WASH: A structure with machine or hand operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles.
CARETAKER DWELLING: An accessory dwelling unit located on the same parcel as a permitted principal commercial or industrial use.
CEMETERY: A place designated for the burial or keeping of the remains of the dead, whether human or animal, including crematories and mausoleums.
CHILD DAYCARE FACILITY/PRESCHOOL CENTER: Any facility operated by a person qualified by the State of Utah which provides five (5) or more children under fourteen (14) years of age with daycare and/or preschool instruction. This definition includes the residential childcare provider category, as defined by State law.
COMMERCIAL USES: Uses involving the sale, handling or disposition (other than that included in the term "industrial uses") of an article, substance, commodity or service for livelihood or profit, including, but not limited to, motels, public garages, office buildings, offices of doctors or other professionals, outdoor advertising signs and/or structures, public stables, recreation and amusement enterprises, places where commodities or services are sold or offered for sale either by direct handling of merchandise or by agreements to furnish them. It is the intention of Duchesne County to provide for retail and wholesale commerce and commercial entertainment in convenient locations to meet the daily need of families. This is designed for application along paved County roads and/or State or Federal highways. Further consideration is to provide opportunities for employment closer to residences with corresponding reduction of travel time from home to work.
COMMON OPEN SPACE: Territory that is jointly owned and used by a group of people. It is not public because those who do not hold it in common can be excluded. It is not private, because it has to be shared with others.
COMMUNITY LOCATION: A public or private school; a church; a public library; a public playground; or a public park.
COMPLETE APPLICATION: A land use application that contains all of the information required by this title, as determined by the Community Development Administrator, and the applicable filing fee.
COMPOSTING FACILITY: A facility where organic materials are converted into a humuslike material under process of biological decomposition or by mechanical means. Normal backyard composting and composting incidental to farming operations are exempted from this use.
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.
CONTRACTOR SHOP/OFFICE: A facility providing for general building repair, service and maintenance, such as, and including, installation of plumbing, roofing, signs, electrical, air conditioning and heating.
CONVENIENCE STORE: Any retail establishment selling consumer products, including prepackaged food and household items, having a gross floor area of less than five thousand (5,000) square feet.
COUNTY: Duchesne County, Utah, and its authorized agents.
COUNTY COMMISSION: The Duchesne County board of commissioners, or their authorized agents.
CRITICAL INFRASTRUCTURE MATERIALS: Sand, gravel, or rock aggregate.
CRITICAL INFRASTRUCTURE MATERIALS OPERATION: The extraction, excavation, processing, or reprocessing of critical infrastructure materials.
CRITICAL INFRASTRUCTURE MATERIALS OPERATOR: A natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that:
A. Owns, controls, or manages a critical infrastructure materials operation; and
B. Has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations.
DEVELOPMENT: Any division of land through partitioning or subdivision. The carrying out of any construction, the making of any material change in the use or appearance of any structure or land, or a change in the intensity or type of the use or materials located within the area of special flood hazard.
DISABILITY: 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 an impairment. Disability does not include current illegal use of, or addiction to, any federally controlled substance, as defined in section 102 of the controlled substances act, 21 USC 802, or amendments thereto.
DISTRIBUTION CENTER: A building used primarily for the inside storage and distribution of goods and materials, and the parking and storage of tractor and trailer units.
DRILL SITE OWNER: An owner or owners of private surface in the county upon which an oil or gas well site is proposed to be developed.
DWELLING, FOUR-FAMILY: A building arranged or designed to be occupied by four (4) families, the structure having four (4) dwelling units.
DWELLING, MULTIPLE-FAMILY: A building arranged or designed to be occupied by more than four (4) families.
DWELLING, THREE-FAMILY: A building arranged or designed to be occupied by three (3) families, the structure having three (3) dwelling units.
DWELLING, TWO-FAMILY: A building arranged and designed to be occupied by two (2) families, the structure having two (2) dwelling units.
DWELLING UNIT: One or more rooms in a structure designed for or occupied by one family for living or sleeping purposes and having one but not more than one kitchen or set of fixed cooking facilities and having its own sanitary facilities.
EMERGENCY CARE FACILITY: A healthcare facility providing primarily outpatient emergency care for the diagnosis and treatment of individuals.
EXOTIC ANIMALS: Any lion, tiger, leopard, cheetah, ocelot, or any other cat not indigenous to Utah, except for domestic cat species (Felis catus). Any monkey, ape, gorilla or other nonhuman primate. Any wolf or any canine not indigenous to Utah, except the species Canis familiaris (domestic dog). Any bear, venomous or nonindigenous snake and "killer bees". The keeping of such animals on lands within the County is prohibited, unless associated with a zoo or a facility associated with the entertainment industry.
EXPLORATION AND PRODUCTION (E&P) WASTES: Those wastes resulting from the drilling of and production from oil and gas wells as determined by the Environmental Protection Agency (EPA), prior to January 1, 1992, to be exempt from subtitle C of the Resource Conservation and Recovery Act (RCRA).
FAMILY: An individual or two (2) or more persons living together in a dwelling unit. Family shall include persons, as defined in the Fair Housing Act of 1988, living as a single housekeeping unit.
FARM: An area of not less than five (5) contiguous acres which is used for the commercial production of farm crops and their storage, as well as the raising thereon of farm poultry and farm animals for commercial purposes and dairy farms. The term "farm" includes the operating of such an area for one or more of the above uses with the necessary accessory uses for treating or storing the produce, and including accessory farm employee housing. "Farm" includes animal feeding operations, but does not include concentrated animal feeding operations, as defined in this section.
FLARE GAS: Gas produced from an oil or gas well or gas processing facility which might be flared or vented, if not otherwise put to beneficial use.
FLARE GAS POWER GENERATION: Electric power generated from Flare Gas. Flare gas power generation may be used to power on-site operations, sold back to the grid, or used for other energy-intensive operations or activities, whether such power generation is utilized at the site where the Flare Gas is generated or at other locations where the beneficial use of the Flare Gas Power Generation is realized. This definition shall not include power generation at an oil and gas drilling and production facility for uses incidental to oil and gas production.
FLARE GAS POWER GENERATION FACILITY: The generators and associated equipment designed to generate electrical power using Flare Gas.
FISH FARM: The hatching and raising of fish for the purpose of harvesting and sale, including recreational fishing operations.
GENERAL PLAN: A document that a County adopts that sets forth general guidelines for proposed future development of the unincorporated land within the County.
GOLF COURSE: A recreational facility primarily used for the purpose of playing golf, but which may include associated eating and drinking areas, retail sales areas and staff offices.
GRADE: The elevation of the finished surface of the ground, paving or sidewalk adjacent to the center point of a building elevation. For the purpose of determining building height, the average of the grades on all sides of a building shall be used in determining the grade.
GUEST RANCH: A facility, including either a single building or resort cabins, which serves as a destination point for visitors and generally has accessory recreational facilities for the use of guests.
HOME OCCUPATION: An accessory use consisting of a vocational activity conducted inside a dwelling unit, conducted by the individuals who reside therein, with up to five (5) full time equivalent (FTE) of nonresident employment (provided adequate on site parking is available); provided, that the home occupation is clearly subordinate to the use of the parcel for dwelling purposes, does not change the character of the parcel and meets the following standards:
A. Does not include the outside storage of goods, materials or equipment.
B. Has signage limited to a nonilluminated, flush wall mounted identification sign two (2) square feet or less in size.
C. The following occupations are allowed by conditional use permit in the R-1/2, R-1 and A-2.5 zones, and permitted outright in the other zones: appliance repair, cabinet making, dance instruction to more than two (2) individuals at a time, firearms sales and services, food catering, hair salons, unless limited to two (2) stations, motorized garden tool repair, such as, but not limited to, lawn mowers, chain saws and leaf blowers, pest control, painting of vehicles, trailers, boats, and like vehicles/vessels, photo developing, real estate or brokerage offices, upholstery and furniture repair, vehicle related uses such as, but not limited to, the cleaning, dismantling, embellishment, installation, manufacture, repair or service, sale, lease, or rental, and towing of vehicles (the dispatching of vehicles such as limousines, taxicabs, and ambulances is allowed as a home business so long as those vehicles need not regularly come into the vicinity of the subject residence), welding, nursing homes, healthcare, including physicians, psychologists, chiropractors, hypnotics and massage therapists.
D. Complies with all required federal and state licensing requirements.
HOSPITAL: An institution for the diagnosis, treatment or other care of human ailments. The term hospital is deemed to include sanatorium, medical clinic, rest home, nursing home and convalescent home.
HOTEL: A building or group of buildings, other than a motel or boarding house, containing individual guestrooms, suites of guestrooms and dwelling units, and which furnishes services customarily provided by hotels, which may include reception and convention facilities.
INDOOR RECREATION: An entirely enclosed building or facility which offers commercial indoor sport activities, including, but not limited to, tennis, bowling, skating, horse riding or similar activities, but not including video game arcades. This use may include associated eating and drinking areas, retail sales areas and staff offices.
INDUSTRIAL USES: Uses involving the manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof, in such a manner as to change the form, character or appearance thereof.
JUNKYARD: The use of any lot, parcel or land for the storage, keeping or abandonment of junk, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery. All junkyards shall be screened by natural objects, plantings, fences, or other appropriate means so the junkyard is not visible from the main traveled way.
KENNEL: Any establishment at which four (4) or more dogs and cats are bred or raised for sale, boarded or cared for commercially or on a nonprofit basis (exclusive of a veterinary clinic).
LABOR CAMP: One or more buildings, structures, recreational vehicles, modular units or related facilities together with surrounding grounds set aside for use as living quarters for groups of migrant laborers or temporary housing facilities intended to accommodate construction, mining, energy, utility or demolition workers. This definition shall not include facilities located on individual oil and gas well pads.
LANDFILL: A land disposal site where solid waste is disposed of using sanitary landfilling techniques, including, but not limited to, an engineered method of disposing of solid waste on land in a manner that does not create a nuisance or health hazard.
LARGE CONCENTRATED ANIMAL FEEDING OPERATION: An animal feeding operation that stables or confines as many as or more than the numbers of animals specified in any of the following categories:
A. Seven hundred (700) mature dairy cows, whether milked or dry;
B. One thousand (1,000) veal calves;
C. One thousand (1,000) cattle other than mature dairy cows or veal calves, with "cattle" including heifers, steers, bulls, and cow calf pairs;
D. Two thousand five hundred (2,500) swine each weighing fifty-five (55) pounds or more;
E. Ten thousand (10,000) swine each weighing less than fifty-five (55) pounds;
F. Five hundred (500) horses;
G. Ten thousand (10,000) sheep or lambs;
H. Fifty-five thousand (55,000) turkeys;
I. Thirty thousand (30,000) laying hens or broilers, if the animal feeding operation uses a liquid manure handling system;
J. One hundred twenty-five thousand (125,000) chickens, other than laying hens, if the animal feeding operation uses other than a liquid manure handling system;
K. Eighty-two thousand (82,000) laying hens, if the animal feeding operation uses other than a liquid manure handling system;
L. Thirty thousand (30,000) ducks, if the animal feeding operation uses other than a liquid manure handling system; or
M. Five thousand (5,000) ducks, if the animal feeding operation uses a liquid manure handling system.
LAUNDRY, SELF-SERVICE: A building within which clothes washing and drying machines, either coin operated or attendant operated, are provided on a rental basis for use by individuals doing their own laundry and dry cleaning.
LIVESTOCK: Horses, mules, jackasses, cattle, llamas, sheep, goats, swine, domesticated fowl and any furbearing animal, bred and maintained commercially or otherwise, within pens, cages and hutches.
LIVESTOCK AUCTION FACILITY: A structure, or structures, with associated pens, yards and corrals, and loading and unloading facilities, used for the sale of livestock.
LOT: A unit or parcel of land that is created by a subdivision of land.
LOT, CORNER: A lot, at least two (2) adjacent sides of which abut public roads.
LOT DEPTH: The horizontal distance measured between the midpoints of the front and rear lot lines.
LOT, FLAG: A lot that is mostly separated from a road by other lots but that has a long, narrow extension (e.g., flagpole), at least twenty feet (20') in width, that reaches to the street.
LOT, INTERIOR: A lot or parcel of land other than a corner lot.
LOT LINE, FRONT: In the case of an interior lot, the lot line separating the lot from the public road; and in the case of a corner lot, it may be either lot line. In the case of a flag lot, it may be either the lot line parallel to the public road providing access or the lot line parallel to the flagpole.
LOT LINE, REAR: A lot line which is opposite and most distant from the front lot line. For a triangular shaped lot, the rear lot line shall mean a line having a length of not less than ten feet (10') within the lot, which is parallel to the front lot line, or parallel to the chord of a curved front lot line, and at the maximum distance from the front lot line.
LOT LINE, SIDE: Any lot boundary line that is not a front lot line or a rear lot line.
LOT WIDTH: The horizontal distance between the side lot lines measured at right angles to the lot depth line at a distance midway between the front and rear lot lines.
MAJOR FACILITY OF A PUBLIC UTILITY: Any electric transmission lines (greater than 115,000 volts), power plants or substations of electric utilities; major gas regulator stations, transmission and gathering pipelines and storage areas of utilities providing natural gas or petroleum derivatives; and their appurtenant facilities.
MANUFACTURED HOME: A transportable factory built housing unit constructed on or after June 15, 1976, according to the HUD Code, in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is four hundred (400) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems. Manufactured homes constructed on or after June 15, 1976, shall be identifiable 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.
MANUFACTURED HOME PARK: Any place where two (2) or more manufactured dwellings are parked within five hundred feet (500') from one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities, or to offer space free in connection with securing the trade or patronage of such person.
MEAT OR POULTRY PROCESSING FACILITY: A facility for the commercial processing of meat and poultry for human consumption, including, but not limited to, the slaughtering, butchering, cutting, dressing and packaging of meat and poultry products.
MEDICAL CANNABIS PHARMACY: A person that:
A.
1. Acquires or intends to acquire:
a. Cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form from a cannabis processing facility; or
b. A medical cannabis device; or
2. Possesses cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device; and
B. Sells or intends to sell cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device to a medical cannabis cardholder.
MEMBERSHIP CLUB: A facility owned or operated by a group of people organized for a common educational, service or recreational purpose. These clubs may be characterized by certain membership qualifications, payment of fees or dues, and regular meetings and activities. This may include hunting and gun clubs, but does not include private clubs.
MOBILE HOME: A transportable factory built housing unit built prior to June 15, 1976, in accordance with a State Mobile Home Code which existed prior to the HUD Code.
MOBILE HOME PARK: Any place where two (2) or more mobile homes are parked within five hundred feet (500') from one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities, or to offer space free in connection with securing the trade or patronage of such person.
MOTEL: A building or group of buildings containing guestrooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with a garage or parking space located on the lot and designed, used or intended wholly or in part for the accommodations of automobile transients. "Motel" includes motor courts, motor lodges and tourist courts, but not hotels, mobile home parks or travel trailer parks.
MOTOR HOME: A vehicular unit built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van which is an integral part of the complete vehicle, and has a floor area of less than two hundred twenty (220) square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures and bath or toilet rooms.
NONCOMPLYING STRUCTURE: Any structure or improvement that was lawfully established and in compliance with all applicable laws at the time this title or any amendment thereto became effective, but which, due to the application of this title, or any amendment thereto, no longer complies with all the applicable regulations and standards of the zone in which the structure or improvement is located.
NONCONFORMING USE: Any use of land or property that was lawfully established and in compliance with all applicable ordinances and laws at the time this title or any amendment thereto became effective but which, due to application of this title, or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the use is located.
NURSERY: A facility including one or more greenhouses where young tender flowers, vegetables, shrubs and trees are grown and sold either wholesale or retail.
NURSING HOME OR CONVALESCENT CARE FACILITY: A facility which provides twenty four (24) hour residential care to persons who are not related by blood, marriage or adoption to the owner, operator or manager of the facility, and who do not meet the definition of "family", as defined in this section. A nursing home or convalescent care facility provides some level of skilled nursing or medical service to the residents.
OFF PREMISES ADVERTISING SIGN: A sign designed or intended to direct attention to a business, product or service that is not sold, offered or existing on the premises where the sign is located.
OFF SITE OWNER: An owner or owners of private surface in the county who owns a primary or secondary dwelling (as defined by the county tax rolls) or a building open to the public located within six hundred sixty feet (660') of the wellhead of a proposed oil or gas well site.
OFFICIAL MAP: A map drawn by county authorities and recorded in the county recorder's office that:
A. Shows actual and proposed rights of way, centerline alignments and setbacks for highways and other transportation facilities;
B. Provides a basis for restricting development in designated rights of way or between designated setbacks to allow government authorities time to purchase or otherwise reserve the land; and
C. Has been adopted as an element of the county general plan.
OIL AND GAS DRILLING FACILITIES/PRODUCTION: Any operation utilizing equipment which advances a bore hole onto the earth substrata for the purpose of discovery, development and/or production of oil or gas, including, but not necessarily limited to, wells, tanks or tank batteries, natural/propane gas storage and distribution, petroleum refining, access roads for ingress and egress and pipelines.
ON PREMISES ADVERTISING SIGN: A sign designed or intended to direct attention to a business, product or service that is sold, offered or existing on the premises where the sign is located.
OPEN RANGE: Only those lands specifically designated as "open range" under state or federal law or regulation.
PARCEL OF LAND: A contiguous quantity of land as assessed by a tax identification number and of record.
PARK TRAILER: A vehicle built on a single chassis, mounted on wheels, designed to provide seasonal or temporary living quarters, which may be connected to utilities for operation of installed fixtures and appliances, of such a construction as to permit setup by persons without special skills using only hand tools which may include lifting, pulling and supporting devices, and a gross trailer area not exceeding four hundred (400) square feet.
PLACE OF RELIGIOUS ASSEMBLY: A church, synagogue, mosque, temple or other permanent building used as a place of assembly for religious worship or services, or other religious activities. One accessory dwelling for the housing of the pastor or similar leader of the church and their family will be considered customary and incidental as a part of this use. Other permitted accessory uses include religion classes, weddings, funerals, childcare and meal programs. Private or parochial school education for prekindergarten through Grade 12, or higher education facilities, shall not be considered accessory uses.
PLANNED UNIT DEVELOPMENT (PUD): A flexible approach to zoning with the opportunity to shift density to developable portions of a property or to mix residential and commercial uses.
PLANNING COMMISSION: The Duchesne County Planning Commission.
POWER PLANT: An electrical energy generating facility with generating capacity of more than fifty (50) megawatts and any appurtenant facilities.
PRIVATE CLUB: A social club, recreational, athletic or kindred association which maintains or intends to maintain premises upon which liquor is or will be stored, consumed or sold.
PRIVATE EDUCATIONAL FACILITY: Buildings and uses for educational or research activities which has a curriculum for technical or vocational training, kindergarten, elementary, secondary or higher education, operated by a private entity, which may include residential facilities for faculty, staff and students.
PRODUCED WATER DISPOSAL FACILITY: A commercial disposal facility consisting of a lined pit or treatment facility whose owner receives compensation from others for the temporary storage and disposal of produced water, drilling fluids, drill cuttings, completion fluids, and any other exempt exploration and production wastes. Does not include an injection well.
PUBLIC EDUCATIONAL FACILITIES: Buildings and uses for educational or research activities which are operated by a public entity and have curriculum for technical or vocational training, kindergarten, elementary, secondary or higher education, including facilities for faculty, staff and students.
PUBLIC HEARING: A hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing.
PUBLIC MEETING: A meeting that is required to be open to the public under Utah Code Annotated title 52, chapter 4, Open and Public Meetings.
PUBLIC OPEN SPACE: Territory that is owned and managed by a public agency for the public benefit.
PUBLIC USES: A use operated exclusively by a public body or a 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, cable television lines and facilities and telecommunications facilities, but excluding prisons and animal control facilities.
PUBLIC WATER SYSTEM: A system, either publicly or privately owned, providing water for human consumption and other domestic uses, which has at least fifteen (15) service connections, or regularly services an average of at least twenty five (25) individuals daily for at least sixty (60) days out of the year.
RECEPTION HALL/RECEPTION CENTER: A facility for the holding of events, including, but not limited to, weddings, wedding receptions, community meetings and group gatherings.
RECREATIONAL VEHICLE: A vehicular unit, other than a mobile home, primarily designed as a temporary dwelling for travel, recreational or vacation use, which is either self-propelled or pulled by another vehicle. Recreational vehicle includes a travel trailer, a camping trailer, a motor home, a fifth wheel trailer and a van.
RECREATIONAL VEHICLE PARK: A plot of land upon which two (2) or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreational or vacation purposes.
RECYCLING COLLECTION CENTER: A center for the acceptance and temporary storage of recyclable materials to be transferred to a processing facility. Recycling collection centers involve no more than three (3) collection containers up to forty (40) cubic yards in total size. Collection centers located in parking lots may not occupy required parking spaces. A collection center must be arranged so as not to impede traffic flow. The operator of the collection center shall remove products stored at the site at least once a week. The operator of the collection center shall keep the collection center in proper repair and the exterior must have a neat, clean appearance. Automated can recycling machines are limited to two (2) per site.
RECYCLING PROCESS FACILITY: A facility where recyclable and organic materials are collected, stored and processed. Processing includes, but is not limited to, baling, briquetting, compacting, flattening, crushing, mechanical sorting, shredding, and cleaning. Facilities where the sole purpose is to utilize recyclable materials in manufacturing an end product which does not require further processing shall be considered a general industrial and not a recycling use. Organic materials are limited to tree limbs, leaves and grass clippings only.
RESIDENTIAL FACILITY FOR PERSONS WITH DISABILITIES: A facility as defined by Utah Code Annotated 17-27a-103, as amended.
RESORT LODGE: A facility, including either a single building or resort cabins, which serves as a destination point for visitors, and generally has accessory recreational facilities for the use of guests. Guest residency is limited to no more than ninety (90) days.
RESOURCE FAMILY HOME: A home licensed to provide services to a child in the custody of the State and includes a foster care home and a legal risk home.
RESTAURANT: A place of business where a variety of food and drink is prepared and served to the public for consumption on and off the premises.
RETAIL STORE: An establishment for the retail sale of merchandise. A retail store includes, but is not limited to, antique or art shops, clothing, department, drug, dry goods, florist, furniture, gift, grocery, hardware, hobby, office supply, paint, pet, shoe, sporting or toy stores.
RETAIL TOBACCO SPECIALTY BUSINESS: A commercial establishment in which:
A. The sale of tobacco products accounts for more than thirty five percent (35%) of the total annual gross receipts for the establishment;
B. Food and beverage products, excluding gasoline sales, is less than forty five percent (45%) of the total annual gross receipts for the establishment; and
C. The establishment is not licensed as a pharmacy under title 58, chapter 17b, Pharmacy Practice Act, of the Utah Code.
SAWMILL: A facility for the storage, sales and milling of forest products. Cutting of firewood is not defined as a sawmill.
SECURE TREATMENT FACILITY: Twenty four (24) hour specialized residential treatment or care for persons whose current functioning is such that they cannot live independently or in a less restrictive environment. Secure treatment differs from residential treatment to the extent that it requires intensive supervision, locked doors and other security measures which are imposed on residents with neither their consent nor control.
SETBACK: The line which defines the width or depth of a required yard. Such setback line is parallel with the property line. No portion of the building shall project into such yard, except as provided for in this title.
SEXUALLY ORIENTED BUSINESS: A nude or seminude entertainment business, adult theater, adult cabaret, adult motion picture theater, adult escort services, outcall services, adult bookstore or adult video store.
SITE PLAN: A document or map that may be required by a county during a preliminary review preceding the issuance of a building permit to demonstrate that an owner's or developer's proposed development activity meets a land use requirement.
SPECIFIED PUBLIC UTILITY: An electrical corporation, gas corporation or telephone corporation, as those terms are defined in Utah Code Annotated section 54-2-1.
START OF CONSTRUCTION: Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways, excavation for a basement, footings, piers or foundations, or the erection of temporary forms, installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six feet (6') above "grade", as defined in this section, for more than fifty percent (50%) of the total perimeter, or is more than twelve feet (12') above "grade" as defined in this section, at any point, such usable or unused underfloor space shall be considered as a story.
STRUCTURE: Anything constructed or erected, which requires a fixed location on the ground, or is attached to something having a fixed location on the ground.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT:
A. Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:
1. Before the start of construction of the improvement or repair; or
2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
B. The term does not however, include either:
1. Any project for improvement of a structure to comply with existing State or local Health, Sanitary or Safety Code specifications which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places; provided, that the alteration will not preclude the structure's continued designation as a "historic structure".
C. The term "substantial improvement" also includes structures that have incurred "repetitive loss" or "substantial damage" regardless of the actual amount of work performed.
SUBSURFACE MINING: The extraction of natural mineral deposits by underground methods, including the milling and processing of the ore produced and the reprocessing of tailings.
SURFACE MINING: The extraction of earth materials by mining directly from the exposed deposits or other materials, including, but not limited to, such processing as open cut mining, open pit mining, strip mining, gravel pits, quarrying and dredging.
TELECOMMUNICATIONS SITE/FACILITY: A 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 comply with the minimum lot size requirement for the zoning district in which it is located.
TEMPORARY USE: Fireworks stands, Christmas tree sale lots, produce stands and similar activities which are open to the public and are scheduled to occur over a period not to exceed ninety (90) days in any calendar year, and including uses incidental to construction.
TOBACCO PRODUCT: Includes the following:
A. Any cigar, cigarette, or electronic cigarette as defined in section 76-10-101 of the Utah Code;
B. A tobacco product as defined in section 59-14-102 of the Utah Code, including:
1. Chewing tobacco; or
2. Any substitute for a tobacco product, including flavoring or additives to tobacco; and
C. Tobacco paraphernalia as defined in section 76-10-104.1 of the Utah Code.
UNLICENSED MOTOR VEHICLE: Vehicles which are temporarily unlicensed and owned by the property owner and are a complete vehicle without parts missing.
UTILITY SERVICE FACILITY: Any electrical distribution lines, natural gas distribution lines, minor gas regulator stations, cable television lines, telegraph and telephone lines, and gathering lines or other minor service facilities. This use is not required to comply with minimum lot size requirement for the district in which it is located, but no buildings are allowed, and the use is limited to the following sizes: a) gas lines less than twelve inches (12"); and b) electric lines of less than one hundred fifteen thousand (115,000) volts.
VEHICLE SALES/RENTAL LOT: An area designated for the sale or rental of three (3) or more motor vehicles a year. Vehicles include, but are not limited to, cars, trucks, boats, recreation vehicles and trailers.
VEHICLE SERVICE CENTER/SERVICE STATION: A building or use devoted to the retail sale of fuels, lubricants and other supplies for motor vehicles, including minor repair activities which are subordinate to the sale of petroleum products.
VESTED CRITICAL INFRASTRUCTURE MATERIALS OPERATION: Critical infrastructure materials operation operating in accordance with a legal nonconforming use or a permit issued by the county that existed or was conducted or otherwise engaged in before:
A. The county prohibits, restricts, or otherwise limits the critical infrastructure materials operations; and
B. January 1, 2019.
VETERINARY CLINIC: A facility for the diagnosis, treatment, hospitalization and boarding of animals.
WELL SITE: The location upon which an oil or gas well and appurtenant facilities are placed or proposed to be placed; commonly referred to as the well pad.
YARD: An open space on a lot or parcel of land, other than a court, unoccupied and unobstructed by a building from the ground upward.
YARD, FRONT: A yard extending across the full width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the front lot line, where the front lot line is coterminous with the property line of a fully widened road or highway, or the distance between the ultimate right-of-way line of a partially widened road or highway as depicted on the official map and a line parallel thereto on the lot or parcel of land. In the case of a flag lot, the front yard shall be either the yard located parallel to the road providing access, or the yard located parallel to and abutting the flagpole.
YARD, REAR: A yard extending across the full width of the lot or parcel of land. The depth of a required rear yard shall be a specified horizontal distance between the rear lot line and a line parallel thereto on the lot or parcel of land.
YARD, SIDE: A yard extending from the required front yard, or the front lot line where no front yard is required, to the required rear yard or to the rear lot line where no rear yard is required. The width of a required side yard shall be a specified horizontal distance between each side lot line and a line parallel thereto on the lot or parcel of land. Where a side yard is bounded by a road or highway, the width of such required side yard shall be a specified horizontal distance between the side lot line on the road or highway side, where said side lot line is coterminous with the road line of a fully widened road or highway, or the distance between the ultimate road right-of-way line of a partially widened road or highway, as depicted on the official map, and a line parallel thereto on the lot or parcel of land.
ZONING MAP: A map, adopted as part of a land use ordinance, that depicts land use zones, overlays or districts.
ZONING MAP AMENDMENT: A land use request that seeks to change the zoning designation of land within Duchesne County. The Duchesne County Commission is the Land Use Authority for zoning map amendments, which involve a discretionary legislative decision after a recommendation by the Planning Commission.
ZONING TEXT AMENDMENT: A land use request that seeks to change the text within the Duchesne County zoning ordinance. The Duchesne County Commission is the Land Use Authority for zoning text amendments, which involve a discretionary legislative decision after a recommendation by the Planning Commission. (1998 Code ch. 17.08; amd. Ord. 08-270, 12-15-2008; 2010 Code; Ord. 10-286, 1-31-2011; Ord. 12-295, 5-14-2012; Ord. 12-308, 5-13-2013; Ord. 13-314, 7-8-2013; Ord. 14-331, 12-1-2014; Ord. 16-354, 11-14-2016; Ord. 18-365, 6-11-2018; Ord. 19-373, 9-7-2019; Ord. 20-378, 8-24-2020; Ord. 22-392, 1- 31-2022; Ord. 22-398, 6-11-2022; Ord. 24-407, 7-8-2024)