For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates of 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 “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 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 the local jurisdiction.
ACCESSORY USE OF BUILDING. A use or building on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or building.
AGRICULTURE. The tilling of the soil, the raising of crops, horticulture and gardening; breeding, grazing and keeping or raising of domestic animals and fowl, except household pets, and not including any agricultural industry or business, such as fruit packing plants, fur farms, animal hospitals or similar uses.
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.
ALLEY. A public accessway less than 26 feet in width, 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.
ANIMALS. The following: horses; cows; sheep; and goats; excluding pigs and exotic animals.
AUTOMOBILE SERVICE STATION. A place where gasoline, or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, and where services performed may include tube and tire repair, battery charging, storage of merchandise, lubricating of automobiles, replacement of spark plugs, lights, fans and other small parts, but not including major auto repair.
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. A story whose floor is more than 12 inches below the average level of the adjoining ground, but where no more than one-half of its floor-to-ceiling heights is above the average contact level of the adjoining ground. A BASEMENT shall be counted as a story for purposes of height measurement, and as a half-story for the purpose of side-yard determination.
BED AND BREAKFAST. An establishment which provides overnight accommodations and a breakfast meal for consideration. In order to qualify as a BED AND BREAKFAST INN, an establishment must meet the following criteria.
(1) The establishment may be housed in an existing or in a new structure suitable to the purpose of a BED AND BREAKFAST INN. The structure must comply with the Uniform Building Code and all other applicable state and local statutes, ordinances and regulations.
(2) The establishment must not have more than four guest rooms for rent.
(3) The owner and/or manager must reside on the premises.
(4) Off-street parking must be provided as noted: two spaces for the owner and/or manager, and one space per guest room.
(5) There may be no more than one sign denoting the name and nature of the establishment. The sign may not be larger than nine square feet; it must be made of wood, stone and/or brick; and it may be artificially illuminated only by external, low-intensity, screened lamps.
(6) The establishment must be on a street that meets town standards and Fire Code width requirements.
(7) Entrances to all guest rooms must be on the interior of the structure. Secondary, exterior entrances to guest rooms may be permitted only for access to patios, verandas or balconies.
(8) The architectural style and physical size of the structure should be in harmony with the residential character of the community as determined by the Planning Commission. The structure must not exceed the height restrictions which apply in the zone in which it is located.
(9) The site must be planned and landscaped so as to minimize the impact on neighboring properties and in order to retain the residential character of the neighborhood.
BEGINNING OF CONSTRUCTION. The placing of concrete footings for a building or structure.
BLOCK. The land surrounded by streets or other rights-of-way, other than an alley, or land which is designed as a block on any recorded subdivision plat.
BUILDABLE AREA. The portion of a lot remaining after required yards have been provided; except that, land with 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. Any structure used or intended to be used for the shelter, or enclosure of persons, animals or property.
BUILDING, ACCESSORY. A building which is subordinate to, and the use of which is incidental to, that of the main building or use on the same lot.
BUILDING, FARM. An agricultural structure assembled for a purpose relating to livestock or crops.
BUILDING, HEIGHT OF. The vertical distance from the average finished grade surface to the highest point of the building roof or coping.
BUILDING INSPECTOR. The official designated as the BUILDING INSPECTOR for the town by the Town Council. Must be certified by professional society.
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.
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.
CONDITIONAL USE. A use of land for which a conditional use permit is required, pursuant to this chapter.
CORRAL. A space, other than a building, less than one acre in area, used for the confinement of animals or fowl.
COVERAGE, BUILDING. The percent of the total site area covered by buildings.
DISTRICT. A portion of the territory of the town, established as a zoning district by this chapter, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter; also includes ZONE and ZONING DISTRICT.
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 or families, but not including a tent, recreational coach, hotel, hospital or nursing home.
DWELLING, MOBILE HOME. See MOBILE HOME.
DWELLING, SINGLE-FAMILY. A building arranged or designed to be occupied by one family, the structure having only one dwelling unit.
DWELLING, TWO-FAMILY. A building arranged or designed to be occupied by two families, the structure having only two dwelling units.
DWELLING, MULTIPLE-FAMILY. A building arranged or designed to be occupied by more than two families, and having more than two dwelling units.
DWELLING UNIT. One or more rooms in a dwelling, apartment hotel or apartment motel, designed for or occupied by one family for living or sleeping purposes and having one, but not more than one, kitchen or set of fixed cooking facilities, other than hot plates or other portable cooking units.
EARTH SHELTER HOME. A dwelling specifically designed for energy saving purposes to be below the finished grade. A lived in basement of a uncompleted single-family dwelling shall not constitute an EARTH SHELTER HOME.
EASEMENT. That 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 provided by a public or other governmental agency for overhead or surface or underground services, excluding any building, electrical sub-station or transmission line of 50 KV or greater capacity, except by conditional use permit.
FAMILY. One or more persons living together as a single housekeeping unit.
FENCE. A physical barrier to delineate, contain or designate an area designed for a specific use (i.e., an enclosure for a dwelling unit; an area for storage and the like).
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.
FRONTAGE, LOT. The lineal measurement of the front lot line.
GARAGE, PRIVATE. A detached accessory building, or a portion of a main building, used or intended to be used for the storage of motor vehicles, 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 for each dwelling unit on the premises.
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 reconditioning of engines, motor vehicles, recreational coaches and minor collision service, but not including major body, frame or fender repairs or overall automobile or truck painting.
GEOLOGICAL 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.
GRADE.
(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; and
(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.
GOVERNING BODY. The elected legislative body of the Town of Kanarraville.
HALF-ACRE LOT. A lot that is 0.45 acres or 19,640 square feet.
HOME OCCUPATION. Any accessory use, clearly incidental and secondary to the use of a dwelling for dwelling purposes and which does not change the residential character thereof, conducted entirely within a dwelling and carried out by persons residing in the dwelling unit.
HOUSEHOLD PETS. Animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats and canaries. HOUSEHOLD PETS shall not include the keeping of dangerous animals.
JUNK. Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris or other waste or salvage materials; dismantled, junked or wrecked automobiles or parts thereof; and old or scrap ferrous or non-ferrous metal materials.
LOCAL ATTORNEY. The attorney employed by or officially representing the town.
LOCAL BUILDING INSPECTOR. The Kanarraville Town Building Inspector employed by or officially representing the town.
LOCAL ENGINEER. The engineer employed by or officially representing the town.
LOCAL JURISDICTION. The Town of Kanarraville.
LOCAL PLANNER. The planner employed by or officially representing the town.
LOT. A parcel or unit of land described by metes and bounds and held or intended to be held in separate lease or ownership, or a parcel or unit of land shown as a lot or parcel on a recorded subdivision map, or shown on a plat used in the lease or sale or offer of lease or sale of land resulting from the division of a larger tract into three or more smaller units.
LOT, CORNER. A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees.
LOT, DEPTH. The horizontal distance between the front and the rear lot lines measured in the main direction of the side lot lines.
LOT LINES. The property lines bounding the lot.
LOT LINE, FRONT. For an interior lot, the lot line adjoining the street; for a corner lot or through lot, the lot line adjoining either street, as elected by the low owner.
LOT LINE, REAR. Ordinarily, that line of a lot which is opposite and most distant from the front line of the lot. In the case of a triangular or gore-shaped lot, a line ten feet in length within the parcel parallel to and at a maximum distance from the front lot line. In cases where these definitions are not applicable, the town’s Building Inspector shall designate the REAR LOT LINE.
LOT LINE, SIDE. Any lot boundary line not a front or rear lot line. A SIDE LOT LINE separating a lot from another lot or lots in an interior side lot line; a SIDE LOT LINE separating a lot from a street is a street side lot line.
LOT, RIGHT-OF-WAY. A strip of land of not less than 16 feet in width connecting a lot to a street for use as private access to that lot.
MANUFACTURED HOME. A structure built after 6-15-1876, transportable in one or more sections, 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 contained therein.
MOBILE HOME. A structure built prior to 6-15-1876, transportable in one or more sections, which is eight body feet or more in width and 32 body feet or more in length 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 required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein.
MOBILE HOME AWNING OR COVER. A light-weight, overhead structure used in conjunction with a mobile home for the purpose of shading or weather protection of areas such as carports, patios, porches, windows and similar uses.
MOBILE HOME PARK. An approved residential development together with certain accessory buildings and uses providing for the enjoyment and benefit of the residents of the park, in which individual spaces are provided for the placement of a mobile home for a dwelling unit or sleeping purposes, whether or not a charge is made for such accommodations.
MOBILE HOME SPACE. A parcel of land within an approved mobile home park which is designed and intended for the accommodation of one mobile home.
MODULAR HOME. A structure built in accordance with the standards set forth in the Uniform Building Code adopted and in effect at the time of construction which is composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.
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.
NON-CONFORMING BUILDING OR STRUCTURE. A building or a structure which does not conform to regulations for height, coverage or yards of the district in which it is situated, but which was in conformity with applicable regulations, if any, at the time of its erection.
NON-CONFORMING USE. The use of a building or structure or land which does not conform to use regulations for the district in which it is situated, but which was in conformity with applicable regulations, if any, at the time of its establishment.
OFFICIAL MAP. A map which has been adopted as the official map of the town, showing existing public streets, streets on plats of subdivisions which have been approved by the town’s Planning Commission, and/or other street extensions, widening, narrowing or variations which have been accurately surveyed and definitely located.
OFF-STREET PARKING SPACE. The space required to park one passenger vehicle, which space shall meet the requirements of this chapter.
OPEN SPACE. The use of land which leaves soil generally undisturbed and upon which natural vegetation, whether or not native to the area, occupies the major visible aspect of the land. OPEN SPACE is designated as such with the intent to minimize flooding, erosion and other environmental hazards; to protect the natural scenic character of areas not suitable or not yet suitable for development; and to promote the well-being of present and future residents of the town.
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.
PLANNED UNIT DEVELOPMENT. Development characterized by a unified site design for a number mousing units, clustering of buildings and providing common open space density increases and a a mix of building types and land uses.
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.
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.
SIGN. A presentation or representation of words, letters, figures, designs, picture or colors, publicly displayed so as to give notice relative to a person, a business, an article of merchandise, a service, an assemblage, a solicitation or a request for aid; also, the structure or framework or any natural object on which any sign is erected or is intended to be erected or exhibited or which is being used or is intended to be used for sign purposes.
SIGN AREA. The area in square feet of the smallest rectangle enclosing the total exterior surface of a sign having but one exposed exterior surface. Should the sign have more than one surface, the SIGN AREA shall be the aggregate of all surfaces measured as above which can be seen from any one direction at one time.
SIGN, IDENTIFICATION AND INFORMATION. A sign displayed to indicate the name or nature of a building or of a use.
SIGN, DEVELOPMENT. A sign indicating the name of, and information pertinent to, new construction.
SIGN, CIVIC. A sign identifying name and/or function of a public building.
SIGN, REAL ESTATE. A sign identifying property for sale, lease or rent.
SIGN RESIDENTIAL. A sign identifying a residence.
SOLAR ENERGY SYSTEM. Any mechanism that heats or provides electricity to a residence or other building, using energy from the sun.
STABLE, PUBLIC. Any stable where horses are boarded and/or kept for hire.
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.
STRUCTURE. Anything constructed, the use of which requires fixed location on the ground, or attachment to something having a fixed location upon the ground; includes BUILDING.
YARD. A required open space on a lot, unoccupied and unobstructed from the ground upward, except as permitted elsewhere in this chapter.
YARD, FRONT. A space on the same lot with a building, between the front line of the building and the front lot line, and extending across the full width of the lot. The “depth” of the FRONT YARD is the minimum distance between the front lot line and the front line of the building.
YARD, REAR. A space on the same lot with a building, between the rear line of the building and the rear lot line, 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.
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 local official designated by the Town Council to enforce the regulations of this chapter.
ZONING ORDINANCE. The Kanarraville Town Zoning Ordinance or this chapter.
(Ord. 03-09-2000, passed 3-3-2000; Ord. 04-10-03A, passed 4-10-2003; Ord. 09-09-04-B, passed 9-9-2004)