For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word BUILDING shall include the word STRUCTURE; the words USED or OCCUPIED shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used or occupied; the word SHALL is mandatory and not directory, and the word MAY is permissive; the word PERSON includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual; the word LOT includes the words plot or parcel. Words used in this chapter but not defined herein shall have the meaning as defined in any other chapter adopted by the local jurisdiction.
AFFECTED ENTITY. A county, municipality, special service district under Title 17D, Ch. 1, local district under Title 17B, school district, interlocal cooperation entity established under Title 11, Ch. 13, the Interlocal Cooperation Act, specified public utility, a property owner, a property owners’ association, or the UDOT, 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 this subchapter.
AGENT. The person with written authorization to represent a property owner.
AGRICULTURAL SUBDIVISION. Any subdivision that is a lot or parcel resulting from a division of agricultural land and meets those requirements outlined by § 150.065(B).
APPEAL AUTHORITY. The person, board, commission, agency, or other body designated by this subchapter to decide an appeal of a decision of a land use application.
APPLICANT. Any person(s) presenting an application for an approval required by this subchapter.
APPLICATION. A written request for an approval and completed in a manner prescribed by this subchapter for review and decision by a land use authority.
ARTERIAL STREET. A street existing or proposed, which serves or is intended to serve as a major traffic-way and is designated on the city’s Transportation System Master Street Plan, may be classified as a controlled access highway, major street, parkway or other equivalent term to identify those streets comprising the basic structure of the city’s Transportation System Master Street Plan.
CITY ATTORNEY. An attorney admitted to practice law in the state and so appointed by the city.
CITY ENGINEER. A registered civil engineer so appointed by the city.
CITY PLANNER. The person so appointed by the city.
CITY RECORDER. The person so appointed by the city.
CODE. The Utah Code Annotated, 1953, as amended.
COLLECTOR STREET. A street, existing or proposed, of considerable continuity which is a primary means of access to the major street system, and is designated a collector street on the city’s Transportation System Master Street Plan.
COMMISSION. The Planning Commission of Elwood City, Utah.
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 the:
(1) Fifth or Fourteenth Amendment of the Constitution of the United States; or
(2) Utah Constitution Article I, § 22.
COUNCIL. The duly elected City Council of Elwood City, Utah.
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.
DEDICATION. The setting aside of land by an owner for any public use for the enjoyment of the public and owned by a public agency.
DEVELOPER. Any person, firm, partnership, corporation, or association who causes improvements to be constructed, land use to be changed, or land to be subdivided for himself, herself, or themself.
EASEMENT. The portion of a lot, parcel, or tract reserved for present or future use by a person or agency other than the fee owner(s) of the property. The EASEMENT may be for use under, on, or above said lot or land parcel.
EXACTION. A requirement or condition imposed on a subdivision application if:
(1) An essential link exists between a legitimate governmental interest and each EXACTION; and
(2) Each EXACTION is roughly proportionate, both in nature and extent, to the impact of the proposed development.
GENERAL PLAN. The Elwood City General Plan, such document setting forth general guidelines for proposed future development of the land within the city.
LAND USE APPLICATION. An application required by a municipality’s land use ordinance. For the purposes of this chapter, a Conceptual Plan application, a preliminary subdivision application, and final subdivision application are determined to be LAND USE APPLICATIONS.
LAND USE AUTHORITY. Means a person, board, commission, agency, or other body designated by the local legislative body to act upon a land use application. For the purposes of this chapter, the Planning Commission and Council are both identified as a LAND USE AUTHORITY, being designated as such by the passage of the ordinance codified herein, by the City Council.
LAND USE ORDINANCE. A planning, zoning, development, or subdivision ordinance of the municipality, but does not include the General Plan. This ordinance codified herein is a LAND USE ORDINANCE of Elwood City, Utah.
LAND USE PERMIT. A permit issued by a land use authority. For the purposes of this chapter, a preliminary subdivision application approval and a final subdivision application approval are identified as a LAND USE PERMIT.
LEGISLATIVE BODY. The duly elected City Council of Elwood City, Utah.
LOCAL STREET. A thoroughfare dedicated to the public and accepted by proper public authority, or a thoroughfare of standard width which has become a public thoroughfare by right of use and which affords the principal access to the abutting property.
LOT LINE ADJUSTMENT. The relocation of the property boundary line in a subdivision between two adjoining lots with the consent of the owners of record.
MAYOR. The duly elected Mayor of Elwood City, Utah.
MINOR SUBDIVISION. Any subdivision that does not contain more than three lots and meets those requirements outlined by § 150.065(A).
MONUMENT. A permanent survey marker established by the County Surveyor and/or a survey marker set in accordance with the City Engineer’s specifications and referenced to county survey monuments.
NONCOMPLYING 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.
NONCONFORMING 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/or
(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.
OFFICIAL MAP. A map drawn by municipal authorities and recorded in a County Recorder’s office that:
(1) Shows actual and proposed rights-of-way, center line 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 municipality’s General Plan.
OWNER. Any person who alone, jointly, or severally with others, has a legal or equitable title to property.
PERSON. An individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity.
PLAT. A map or other graphical representation of lands being laid out and prepared in accordance with UCA § 10-9a-603 or § 17-23-17.
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 Title 52, Ch. 4, Utah Open and Public Meetings Act.
RECORD OF SURVEY MAP. A map of a survey of land prepared in accordance with UCA § 17-23-17.
RIGHT-OF-WAY. Any area provided for conveying vehicle and pedestrian traffic.
SANITARY SEWER AUTHORITY. The department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or on-site wastewater systems.
SPECIAL SERVICE DISTRICT. An entity established under the authority of UCA Title 17D, Ch. 1 and any other governmental or quasi-governmental entity that is not a county, municipality, school district, or unit of the state.
SPECIAL EXCEPTION. An adjustment to a subdivision development standard and authorized as an adjustment to the requirements of this chapter, such adjustment requiring careful review.
SPECIFIED PUBLIC UTILITY. An electrical corporation, gas corporation, or telephone corporation as those terms are defined in UCA § 54-2-1, as amended.
STREET. A public right-of-way, including a highway, avenue, boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other way.
SUBJECT PROPERTY. The land area identified by the Parcel Identification Number, provided by the County Recorder’s office or County Assessor’s office, for which an approval is required based on this chapter.
TRANSPORTATION SYSTEM MASTER PLAN. A map of the city and future annexations areas showing existing public streets and location of future public streets and which has been officially adopted by the City Council as the ELWOOD TRANSPORTATION SYSTEM MASTER PLAN.
UNINCORPORATED. The area outside of the incorporated area of a city.
ZONING MAP. A map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts of the city.
(Ord. 2021-001, passed 2-9-2021)