Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this chapter. Words used in the present tense include the future: the singular tense shall include the plural and the plural the singular. The word “building” shall include the term “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 discretionary, the word “may” is permissive; the word “person” includes affirm, association, organization, partnership, trust, company, or corporation as well as an individual; the word “lot” includes the word “plot” or “parcel”. Words used in this chapter but not defined herein shall have the meaning as defined in any other ordinance adopted by Garfield County.
ACCESSORY BUILDING OR USE. A building or use on the same lot with, and of a nature customarily incidental and subordinate to, the principal building or use.
ACCESSORY DWELLING UNIT (ADU). A habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one lot or parcel.
AGRICULTURAL INDUSTRY OR BUSINESS. An industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding or storage, including but not limited to animal feed yards, fur farms, food packaging or processing plants, commercial poultry or egg production and similar uses as determined by the Planning Commission.
AGRICULTURAL USE. Land shall be deemed to be in agricultural use when devoted to the raising of plants and animals useful to man, including but not limited to, forages and sod crops; grain and feed crops; dairy animals, poultry, livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding or grazing of any or all such animals; bees, fur animals, trees, fruits of all kinds, including grapes, nuts and berries; vegetables, nursery, floral, and ornamental stock; or when devoted to and meeting requirements and qualifications for payment for other compensation pursuant to a cropland retirement program under an agreement with an agency of the state or federal government.
AIRPORT. Any area of land designated and set aside for the landing and taking off of aircraft plus maintenance and auxiliary facilities and building maintenance.
ALLEY. A public access way less than 26 feet in width but not less than 12 feet, which is designed to give secondary access to lots or abutting properties; an alley shall not be considered a street, for the purposes of this chapter.
ALTERATIONS, STRUCTURAL. Any change, addition or modification in the supporting members of a building, such as bearing walls, column, beams or girders.
APARTMENT. Any building or group of buildings which contain dwelling units, and also satisfies the definition of a motel, as defined in the chapter.
APARTMENT HOUSE. See DWELLING, MULTIPLE FAMILY.
APPEAL AUTHORITY. The board formally appointed by the County Commission to hear appeals by any person aggrieved by inability to obtain a building permit, or by the decision of any administrative officer or agency based upon or made in the course administration or enforcement of the provisions of this chapter.
ARCHITECTURAL PROJECTION. Any building or structural projection which is not intended for occupancy and which extends beyond the face of an exterior wall of a building or structure, but not including signs.
AUTOMOBILE SALES AREA. An open area used for display, sale, or rental of new or used motor vehicles, mobile homes, recreational coaches, or recreation vehicles in operable condition.
AUTOMOBILE SERVICE STATION. A place where gasoline, or any other motor fuel or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, and where services performed may include tube and tire repair, battery changing, storage of merchandise, lubricating of automobiles, replacement of spark plugs, lights, fans, and other small parts, but not including major auto repair.
BASEMENT. A story whose floor is more than twelve feet below the average level of the adjoining ground, but where no more one-half of its floor-to-ceiling height is above the average contact level of the adjoining ground. A basement shall be counted as a story for purpose of height measurement, and as a half-story for the purpose of yard determination.
BASEMENT HOUSE. A residential structure without a full story structure above grade.
BEGINNING OF CONSTRUCTION. The placing of concrete footings for building or structure.
BENCH MARK. A mark affixed to a permanent or semi-permanent object to furnish a datum level in survey.
BOARDING HOUSE. A dwelling where, for compensation, meals are provided for at least three but not more than 15 persons.
BODY AND FENDER SHOP. A facility for major automobile, mobile home, recreational coach or recreation vehicle repairs to body, or fenders, and including rebuilding.
BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
BUILDING. Any structure used or intended to be used for the shelter or enclosure of persons, animals or property.
BUILDING, MAIN. The principle building housing the principal use upon a lot.
BUILDING OFFICIAL. The official designated by the County Commission as the Building Inspector for Garfield County.
BUILDING, PUBLIC. A building owned and/or operated or owned and intended to be operated by a public agency.
CARPORT. A private garage not completely enclosed by walls or doors. For the purpose of this chapter, a CARPORT shall be subject to all the regulations prescribed of a private garage.
CELLAR. A room or rooms wholly under the surface of the ground or having more than 50% of its floor to ceiling height under the average level of the adjoining ground.
CHILD NURSERY. An establishment for the instruction of six or more children, for compensation, other than members of the family residing on the premises, but not including a public school.
CHURCH. A building, together with its accessory buildings and uses, maintained and controlled by a duly recognized religious organization where persons regularly assemble for worship.
CLINIC, MEDICAL OR DENTAL. A building in which a group of dentists, physicians, and allied professional assistants are associated for the conduct of their professions. The clinic may include a dental and/or medical laboratory and an apothecary, but it shall not include in-patient care or operating rooms for major surgery.
CLUB, PRIVATE. An organization, group or association supported by the members thereof, the sole purpose of which is to render a service customarily rendered for members and their guests but shall not include any service, the chief activity of which is customarily carried on as a business and does not include labor union organizations or similar labor or business organizations.
COMMISSION. Unless otherwise indicated, the Board of County Commissioners of Garfield County, Utah.
CONDITIONAL USE. A use of land for which a conditional use permit is required, pursuant to this chapter.
CONDOMINIUM. An ownership structure established in accordance with the Utah Condominium Act.
CONSTRUCTION CAMP. A camp or other residential area of a temporary nature established for a period of five or more days for the housing of one or more persons engaged in activities related to construction, mining and logging. Camps established for hunting, fishing, recreation or agricultural purposes are excluded from the definition of a construction camp.
CORRAL. An enclosure, other than a building less than one acre, used for the confinement of animals and fowl.
COUNTY. Unless otherwise indicated, Garfield County, Utah.
COUNTY ATTORNEY. The Garfield County Attorney.
COURT. An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings, and which is bounded on three or more sides by such building or buildings. The width of a court is its least horizontal dimension, measured between opposite sides in the same direction as the
yard or lot line on which tile court opens. The length of a court is its least horizontal dimension measured at right angles to its width.
COVERAGE, BUILDING. The percent of the total site area covered by buildings.
CUL-DE-SAC. A minor street having an open end and being terminated at the other end by a vehicle turnaround.
DAIRY. A commercial establishment for the manufacture, processing, or packaging of dairy products, and their sale; for purposes of this definition, the production of milk on a farm for wholesale marketing off the premises shall not classify the farm as a dairy.
DISTRICT. A portion of the area of Garfield County, Utah shown on a Zoning Map (attached to this zoning ordinance and given a Zone classification as set forth in this chapter.
DIVISION OF AGRICULTURAL LAND FOR AGRICULTURAL PURPOSES. A bona-fide division or partition of agricultural land into three or more parcels of not less than six acres of land for agricultural purposes as defined herein.
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. A building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.
(1) DWELLING, GROUP. A group of two or more detached buildings used as dwellings, located on a lot or parcel of land.
(2) DWELLING, MULTIPLE-FAMILY. A building arranged or designed to be occupied by more than two families.
(3) DWELLING, SINGLE FAMILY. A building arranged or designed to be occupied by one family, the structure having only one dwelling unit.
(4) DWELLING, TWO-FAMILY. A building arranged or designed to be occupied by two families, the structure having only two dwelling units.
(5) DWELLING UNIT. One or more rooms in a dwelling or apartment motel, designed for or occupied by one family for living or sleeping purposes and having kitchen and bathroom facilities for the use of not more than one family.
EASEMENT. The acquired private or right-of-use or enjoyment which one or more persons may have in the land of another.
FAMILY. An individual or two or more persons related by blood, marriage, or adoption (excluding servants) who are not related, living in a dwelling unit as a single housekeeping unit and using common cooking facilities.
FENCE. A physical barrier to delineate, contain, or designate an area designed for a specific use, i.e. and an enclosure for a dwelling unit, and area of storage and the like.
FLOOD HAZARD. A hazard to land or improvements due to inundation.
FORESTRY. The planting, caring for or cultivating of a dense growth of trees. May include the gathering of wood for domestic fire use.
FRONTAGE. All property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.
GARAGE, PRIVATE. A detached accessory building, or portion of a main building, used or intended to be used for the storage of motor vehicles, recreational coaches, boats, or other recreational vehicles, but not including the parking or storage of trucks or vans having a capacity in excess of one and one-half tons, and not including space for more than a total of four such vehicles, unless on a bona fide agricultural tract of land.
GARAGE, PUBLIC. A building or portion thereof other than a private garage, designed or used for servicing, equipping, hiring, selling or storage or motor driven vehicles.
GARAGE, REPAIR. A structure or portion thereof, other than a private garage, used for the repair of self-propelled vehicles, trailers or boats, including general repair, rebuilding or reconstruction of engines, motor vehicles, recreation coaches, and minor collision service, but not including major body, frame or fender repairs or overall automobile or truck painting, except by conditional use permit. A repair garage may also include individualized storage, care, washing, or sale of automobiles.
GEOLOGICAL HAZARD. A hazard inherent in or on the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property, or improvements due to the movement, failure or shifting of the earth.
GRADE. The vertical location of the ground surface.
(1) For buildings adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.
(2) For buildings adjoining more than one street, the average of the elevations of the sidewalk at the centers of all walls adjoining the streets.
(3) For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the centers of all exterior walls of the building.
(4) Any wall parallel or nearly parallel to and not more than five feet from a street line is to be considered as adjoining the street.
HEALTH DEPARTMENT. The State of Utah Division of Environmental Quality or local health agency having jurisdiction.
HOME OCCUPATION. Any use conducted entirely within a dwelling and carried on by persons residing in the dwelling unit, occupying no more than 25% of the dwelling unit, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof and in connection with which there is no display nor stock in trade. The HOME OCCUPATION shall not include the sale of commodities except those which are produced on the premises and shall not involve the use of any accessory building or yard space or activity outside the main building not usually associated with residential use. HOME OCCUPATION may include the use of the home by a physician, surgeon, dentist, lawyer, clergyman, engineer or professional person for consultation or emergency treatment. HOME OCCUPATION includes the care of not more than five children other than members of the family residing in the dwelling. In all cases where a HOME OCCUPATION is engaged in, there shall be no advertising of said occupation, no window displays, or signs and no employees employed.
HOSPITAL. Institution for the diagnosis, treatment and care of the human illness or infirmity, but not including sanitariums and clinics.
HOTEL. A building designed for or occupied as the more or less temporary abiding place of six or more individuals who are, for compensation, lodged with or without meals.
HOUSEHOLD PETS. Animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats, and canaries, but not including a sufficient number of dogs as to constitute a kennel as defined in this chapter. Household pets shall not include the keeping of dangerous animals.
IRRIGATED LAND. Parcels that have surface or underground water diverted continuously or intermittently upon them for the production of crops or pasture, through the utilization of man- made improvements.
JUNK. Any discarded material, including but not limited to scrap metal, one or more abandoned, inoperable and/or unlicensed motor vehicles, machinery, equipment, paper, glass, containers and substructures.
JUNKYARD. Any place, establishment or business maintained, or operated for storage keeping, buying and selling junk, including vehicles and salvage yards.
KENNEL. Any premises where six or more dogs older than four months are kept.
LIVESTOCK FEED YARD. A commercial operation on a parcel where livestock are kept in high density corrals or yards and fed.
LOCAL ENGINEER. The engineer employed by or officially representing Garfield County.
LOCAL HEALTH OFFICER. The health officer or department employed by or officially representing the County of Garfield.
LOCAL JURISDICTION. Garfield County.
LODGING HOUSE. A dwelling with not more than five guest rooms where, for compensation, lodging is provided but does not include motels or hotels.
LOT. A tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the County Recorder.
(1) LOT CORNER. Lot abutting on two intersecting or intercepting streets where the interior angle of intersection or interception does not exceed 135 degrees.
(2) LOT COVERAGE. Lot coverage shall be calculated by taking the ground area of the main and accessory buildings and dividing that total by the area of the lot.
(3) LOT DEPTH. The horizontal distance between the front and rear lot lines measured in the main direction of the side lot line.
(4) LOT INTERIOR. A lot other than a corner lot.
(5) LOT LINE. Property lines bounding the lot.
(6) LOT RESTRICTED. Any lot having particular problems in size, slope, contour or space requiring special action of the Appeal Authority.
MOBILE HOME. A detached, single-family dwelling unit not less than 45 feet long, designed for long-term occupancy, and to be transported on its own wheels or on flatbed or other trailers or detachable wheels, containing a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections provided for attachment to appropriate external systems and ready for occupancy except for utility connections and other minor work. Pre-sectionalized modular, or prefabricated homes not placed on a permanent foundation, shall be regarded as MOBILE HOMES; if placed upon a permanent foundation such structures which meet all applicable building and housing codes shall not be considered as MOBILE HOMES but shall be regarded as conventional housing.
(1) MOBILE HOME LOT. A lot within a mobile home park or subdivision, designed to be used for the accommodation of one mobile home.
(2) MOBILE HOME PARK. A parcel designed and approved by the county for occupancy by mobile homes on a rental basis, meeting all requirements of the Garfield County plans and ordinances.
(3) MOBILE HOME SPACE. Space within a mobile home park, designed and to be used for the accommodation of one mobile home.
(4) MOBILE HOME SUBDIVISION. A subdivision designed and intended for residential use where the lots are to be individually owned or leased and occupied by mobile homes exclusively.
MODULAR HOME/MANUFACTURED HOME. A permanent dwelling structure which conforms to applicable building codes, built in prefabricated units, which are assembled and erected on the site, or at another location, and brought as a unit to the site.
MOTEL. A building or group of buildings for the drive-in accommodation of transient guests, comprising individual sleeping or living units, and designed and located to serve the motoring public.
NATURAL WATERWAYS. Areas varying in width along streams, creeks, springs, gullies or washes which are natural drainage channels as determined by the County Public Works Director, in which no buildings should be constructed.
NONCONFORMING BUILDING OR STRUCTURE. Building or structure or portion thereof, lawfully existing at the time this chapter became effective, which does not conform to all height, area and yard regulations herein prescribed in the Zone in which it is located.
NONCONFORMING USE. Use which lawfully occupied a building or land at the time this chapter became effective, and which does not conform with the use regulations of the Zone in which it is located.
NURSING HOME. Institution providing residence and care for the aged or infirm.
OFF-SITE FACILITIES. Improvements not on individual lots but which are generally within the boundaries of the subdivision which they serve.
OPEN SPACE. Space reserved in parks, courts, playgrounds, golf courses and other similar open areas, and those areas reserved to meet the density requirements of Planned Unit Developments.
PARCEL. Any real property that is not a lot.
PARKING LOT. An open area, other than a street used for the temporary parking of more than four automobiles and available for public use, whether free, for compensation, or as an accommodation for clients, customers or employees.
PERCENT OF GRADE. The percentage increase in elevation over a one-hundred-foot horizontal distance. For example, a 10% grade would be a use in elevation of one foot in ten feet or ten feet in 100 feet.
PERMANENT MONUMENT. A structure of concrete, masonry and/or metal permanently placed on or in the ground, including those expressly placed for surveying reference, which meets the requirements of the county for permanent monuments.
PLANNED UNIT DEVELOPMENT. An integrated design for development of residential, commercial or industrial uses or limited combinations of such uses, in which the density and location regulations of the district in which the development is situated may be varied or waived to allow flexibility and initiative in site and building design and location, in accordance with a plan approved by the Planning Commission the County Commission.
PLANNING COMMISSION. The Garfield County Planning Commission.
PUBLIC UTILITIES. These include every common carrier, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation where the service is performed for the commodity delivered to the public or any portion thereof.
RECREATIONAL COACH. A vehicle, such as a travel trailer, tent camper, camp car or other vehicle with or without motive power, designed and/or constructed to travel on the public thoroughfare in accordance with the provisions of the Utah Vehicle Code, and designed for use as human habitation for a temporary and recreational nature.
RECREATIONAL VEHICLE PARK. An area or tract of land or a designated section within a mobile home park where lots are rented or held for rent to one or more owners or users of recreational vehicles for a temporary time not to exceed 120 days.
ROOMER. One who occupies a hired room in another’s house.
SANITARY LANDFILL. An area set aside that meets all federal and state laws for the disposal of solid waste.
SMALL SHED. One-story detached accessory structure provided that the floor area does not exceed 200 sq. ft.
STABLE, PRIVATE. A detached accessory building for the keeping of horses owned by the occupant of the premises and not kept for remuneration, hire or sale.
STREET. A public thoroughfare which affords principal means access to abutting property with a minimum width of 26 feet.
SUBDIVISION. The division of any tract, lot or parcel of land into three or more lots, plots, sites, or other divisions of land for the purpose, whether immediate or future, of sale, lease or of building development, provided that the term SUBDIVISION shall not apply to those divisions accepted or exempted in this chapter. The word “subdivide” and any other derivative thereof shall have reference to the word SUBDIVISION as herein defined.
TRANSIENT. Occupancy of a dwelling unit, sleeping unit, recreational coach or any other space for not more than 30 days.
TRANSIENT RENTALS. Any building or portion thereof, used for commercial purposes, as the sleeping place of one or more persons or families for not more than 30 days.
USE ACCESSORY. A use subordinate and incident to the main use of a building or land located upon the same lot or parcel.
VETERINARY OR ANIMAL HOSPITAL. A building and runs where large and/or small animals are kept and/or treated by a licensed veterinarian.
YARD. A required open space on a lot, other than a court, unoccupied and unobstructed from the ground upward, except as permitted elsewhere in this chapter.
(1) YARD, FRONT. A space on the same lot with a building, between the front line of building and the front lot line and extending across the full width of the lot. The “depth” of front yard is the minimum distance between the front lot line and the front line of the building.
(2) YARD, REAR. A space on the same lot with a building, between the rear line of the building and the rear lot line and extending the full width of the lot. The “depth” of the rear yard is the minimum distance between the rear lot line and the rear line of the building.
(3) YARD, SIDE. A space on the same lot with a building, between the side line of the building and the side lot line and extending from the front yard to the rear yard. The “width” of the side yard shall be the minimum distance between the side lot line and the side line of the building.
ZONE. See DISTRICT.
ZONING ADMINISTRATOR. The official designated by the County Commission as the Zoning Administrator for Garfield County.
ZONING ORDINANCE. The Garfield County Zoning Ordinance.
(Ord. 2021-10, passed 9-27-2021)