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Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this title:
A. Words used in the present tense include the future;
B. The singular number shall include the plural and the plural the singular;
C. The word "used" or "occupied" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used;
D. The word "shall" is mandatory and not directory, and the word "may" is permissive;
ABANDONMENT: A use, building or structure shall be deemed abandoned if said use has not applied to the premises for any period of twelve (12) consecutive months.
ACCESSORY USE OR STRUCTURE: A use or structure on the same lot and of a nature customarily incidental and subordinate to the principal use or structure.
AESTHETICS: The nature of the appearance of a land use, property or building, in respect to whether it would be considered attractive and pleasing to the eye, or visually displeasing, or a blemish. Aesthetics have an impact on economic and property values.
AGRICULTURE: The tilling of the soil, the raising of crops, horticulture and gardening, but not including the breeding, grazing and keeping or raising of domestic animals and fowl, except household pets, and not including agricultural industry or business, such as fruit packing plants, fur farms, stockyards, animal hospitals or similar uses.
ALLEY OR LANE: A public or private way affording only secondary means of access to abutting property.
ALTERATIONS, STRUCTURAL: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
APPEAL AUTHORITY: The body designated by this title to decide an appeal on a land use application or a variance.
ARCADE OR COIN OPERATED AMUSEMENT VIDEO GAME CENTER: Any business establishment containing greater than three (3) coin operated amusement, electronic or video machines or games.
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 automobile repair.
BASEMENT: A story partly or entirely underground. A basement shall be counted as a story for the purposes of height measurement if its height is one-half (1/2) or more above the ground.
BED AND BREAKFAST FACILITY (Also Known Herein As A BED AND BREAKFAST ESTABLISHMENT): Sometimes known as a bed and breakfast home, an overnight transient lodging facility (as that term is defined in section 3-11-1 of this code), not constituting a boarding house, where: a) the facility is owner occupied at all times; and b) rooms are rented to overnight guests, who are provided with one or more on site meals served daily (typically breakfast); and c) the entire service, food and lodgings are to be included in one stated price; and d) the facilities are not held out to be a restaurant, and food is only served to the owner's family and overnight guests; and e) the occupancy loads of the applicable international building code(s) are not exceeded, and the facility is in compliance with the applicable rules of such international code(s).
BOARDING HOUSE: A building with not more than five (5) guestrooms where, for compensation, meals are provided for at least five (5) but not more than fifteen (15) persons.
BUILDING: Any structure used or intended to be used for the shelter or enclosure of persons, animals or property. "Building" shall not include any form of vehicle, even though immobilized.
BUILDING, HEIGHT OF: The vertical distance from the average finished grade surface to the highest point of any building roof or coping.
BUILDING, MAIN: The principal building or one of the principal buildings upon a lot, or the building or one of the buildings housing a principal use upon a lot.
CAMPGROUND: A public area designated by a public agency for camping, or a private area licensed by the city for camping.
CAMPING: A temporary establishment of living facilities such as tents or recreational coaches as regulated by this title.
CARPORT: A detached accessory structure, or a portion of a main building, with an overhead covering or roof but not completely enclosed on all sides by walls or doors, used or intended to be used for the storage of motor vehicles, trailers, or boats of the occupants of the premises. For purposes of this title, a carport is not a garage.
CHARTER SCHOOL: Charter schools are semiautonomous public schools, open to all students that operate under a written contract or charter with the Utah state charter school board. The contract or charter describes the operating procedure of the schools, in ways that may differ from traditional public schools. Charter schools are not private schools, but are public schools which operate on public funds without tuition.
CHILD NURSERY: An establishment for the care and/or the instruction of five (5) or more children, other than members of the family residing on the premises.
CLINIC, DENTAL OR MEDICAL: A building in which a group of dentists, physicians and allied professional assistants are associated for the conduct of their profession. The clinic may include a dental and/or medical laboratory and pharmacy, but it shall not include inpatient care or operating rooms for major surgery.
COMMERCIAL PLANNED UNIT DEVELOPMENT: Commercial development wherein ownership of lots is accomplished by subdivided lots (which may be divided on 0 lot lines, including common walls), in which the balance of the common areas, space, and facilities are owned by a commonly managed owners' association.
CONDITIONAL USE: A land use that, because of its unique characteristics or potential impact on the city, the 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.
CONDOMINIUM PROJECT: A real estate plan or project whereby two (2) or more units, whether contained in an existing or proposed building or buildings, are separately offered or proposed to be offered for sale. "Condominium project" shall also mean the property when the context so requires. The owner or developer of any condominium project or "time period unit project", as defined in this section, shall comply with the Utah condominium ownership act 1 , which is hereby incorporated within and made a part of this title by reference. Such owner or developer shall also comply with all pertinent provisions of this title.
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 fifth or fourteenth amendment of the constitution of the United States, or by article I, section 22 of the Utah constitution.
CORRAL: A space other than a building, on less than one acre in area or less than one hundred feet (100') in width, used for confinement of animals.
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.
DAIRY: A commercial establishment for the manufacture, processing or packaging and sale of dairy products. For the purpose of this definition, the production of milk on a farm for wholesale marketing on the premises shall not classify the farm as a dairy.
DEVELOPMENT: Any manmade change in improved and unimproved real estate including, but not limited to, the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into parcels by any person, including the construction of any principal building or structure; an increase in the intensity of use of land, such as an increase in the number of dwelling units or an increase in nonresidential use that requires additional parking; mining, dredging, grading, paving; the commencement of drilling for purposes other than obtaining soil samples; the driving of piles, or excavation on a parcel of land; demolition of a structure; clearing land as an adjunct of construction, including removal of vegetation or any significant disturbance of vegetation or soil manipulation; the deposit of refuse, solid or liquid waste, or fill on a parcel of land or storage of equipment or materials. Exceptions are utility installations; residential landscaping; and work involving the maintenance of existing landscaped areas and existing rights of way such as setbacks and other planting areas.
DEVELOPMENT AGREEMENT: A binding contract between the city and a developer wherein the detailed terms upon which development will proceed are agreed upon. The development agreement specifies any vested rights granted to the developer or its successor or assigns.
DEVELOPMENT PARCEL: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.
DISABILITY: A physical or mental impairment that substantially limits one or more of a person's major life activities (self- care, receptive or expressive language, learning, mobility, self- direction, capacity for independent living or economic self- sufficiency), including a person having a record of such an 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. See sections 57-21-2 and 62A-5-101(8), Utah Code Annotated (1953, as amended).
DISABLED PERSON: A person who has a severe, chronic disability attributable to a mental or physical impairment or to a combination of mental and physical impairments which is likely to continue indefinitely and which results in a substantial functional limitation in three (3) or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living or economic self-sufficiency; and who requires a combination or sequence of special interdisciplinary or generic care, treatment or other services that are individually planned and coordinated to allow the person to function in, and contribute to, a residential neighborhood.
DRIVE OR DRIVEWAY: A private roadway, the use of which is limited to persons residing, employed or otherwise using or visiting the private property on which the driveway is located, or to which the driveway extends.
DWELLING: Any building or portion thereof designed or used exclusively as the more or less permanent residence or sleeping place of one or more persons or families, but not including transient residential uses such as a tent, recreational vehicle (RV), motel, hotel, hospital or nursing home.
DWELLING, FOUR-FAMILY: A building arranged or designed to be occupied by no more than four (4) families, the structure having only four (4) dwelling units.
DWELLING GROUP: A group of two (2) or more detached buildings used as dwellings, located on a lot or parcel of land.
DWELLING, MULTIPLE-FAMILY: A building arranged or designed to be occupied by more than four (4) families, the structure having more than four (4) dwelling units.
DWELLING, ONE-FAMILY: A building arranged or designed to be occupied by one family, the structure having only one dwelling unit.
DWELLING, THREE-FAMILY: A building arranged or designed to be occupied by three (3) families, the structure having only three (3) dwelling units.
DWELLING, TWO-FAMILY: A building arranged or designed to be occupied by two (2) families, the structure having only two (2) 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.
ELDERLY PERSON: A person who is sixty (60) years old or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.
FAMILY FOOD PRODUCTION: The keeping of domestic animals and fowl for the production of food for the sole use of the family occupying the premises.
FLAG LOT: An individual lot that does not have the frontage required in the zone in which it is located, with the only means of access through a private driveway. Flag lots are subject to the requirements in section 10-7-12 of this title.
FRONTAGE: The linear measurement of the front lot line.
GARAGE, PRIVATE: A detached accessory building, or a portion of a main building, which is fully enclosed and which has a functional garage door used or intended to be used for the storage of motor vehicles, trailers or boats, of the occupants of the premises.
GARAGES FOR REPAIR OF AUTOMOBILES: Any automotive business that relies on vehicle repair for a customer where, upon completion of repair, said vehicle is returned and repairs are charged to the customer.
GENERAL PLAN: A document that the city adopts that sets forth general guidelines for proposed future development of the land within the city, also commonly referred to as the "master plan".
GRADE: The elevation of the surface of the ground, whether natural or altered.
HISTORIC PRESERVATION COMMISSION: A commission formed pursuant to chapter 5 of this title for the purpose of identifying, preserving, protecting and enhancing historic areas and structures lying within the boundaries of the city.
HOME OCCUPATION: Any use conducted entirely within a dwelling and carried on by persons residing in the dwelling unit, or by no more than a single employee residing outside the dwelling, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof except by the employment of a single employee. Home occupations are subject to the requirements in chapter 7 of this title.
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 to constitute a kennel. Household pets shall not include the keeping of normally dangerous animals, such as lions or tigers.
IDENTICAL PLANS: Building plans submitted to the city that are substantially identical to building plans that were previously submitted to and reviewed and approved by the city and describe a building that is located on land zoned the same as the land on which the building described in the previously approved plans is located, and subject to the same geological and meteorological conditions and the same law as the building described in the previously approved plans.
INTERNAL ACCESSORY DWELLING UNIT: “IADU” means an accessory dwelling unit created:
A. Within a primary dwelling;
B. Within the footprint of the primary dwelling at the time the internal accessory dwelling unit is created; and
C. For the purpose of offering a long-term rental of thirty (30) consecutive days or longer.
LAND USE APPLICATION: An application required by the city's land use ordinance.
LAND USE AUTHORITY: A person, board, commission, agency, or other body designated by the city council to act upon a land use application.
LAND USE ORDINANCE: A planning, zoning, development, or subdivision ordinance of the city, but not including the general plan.
LAND USE PERMIT: A permit issued by the city, such as a conditional use permit, sign permit, etc.
LEGISLATIVE BODY: The LaVerkin City council.
LODGING HOUSE: A building where lodging only is provided for compensation to at least three (3) but not more than fifteen (15) persons, but not including motels or hotels.
LOT: A parcel, plot, or unit of land described by metes and bounds and held or intended to be held in separate lease or ownership, or 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 two (2) or more smaller units.
LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the street, such streets or parts of the same street forming an interior angle of less than one hundred thirty five degrees (135°).
LOT LINE: The property lines bounding a lot or parcel of land.
LOT LINE ADJUSTMENT: The relocation of the property boundary line between two (2) adjoining lots with the consent of the owners of record.
LOT WIDTH: The horizontal distance between the side lot lines, measured at the required front yard setback line or rear yard setback line, whichever is shorter.
MANUFACTURED HOME: A transportable factory built housing unit constructed according to the national manufactured housing construction and safety standards act, 42 USC section 5401 et seq., 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.
MINING OPERATIONS: Any proposed solid mineral mining operation which annually requires the removal or disturbance of solid minerals or overburden. Such removal shall be considered part of the same operation if it is all located within a circle, the radius of which is one mile and the center of which is located in an area of removal of disturbed solid minerals or overburden.
A. The term "overburden" means the natural covering of a solid mineral sought to be mined including, but not limited to, soils, sands, rocks, gravel, limestone, water or peat.
B. The term "solid mineral" includes, but is not limited to, clay, sand, gravel, phosphate rock, limestone, and any rare earths contained in the soils or waters of this state, which have heretofore been discovered or may be hereafter discovered.
This definition does not include crushing, extraction, refining or smelting operations.
MIXED USE: Residential uses combined with either or both commercial or office uses.
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 national manufactured housing construction and safety standards act, 42 USC section 5401 et seq.
MOBILE HOME SUBDIVISION: A subdivision designed and intended for residential use where the lots are to be occupied by mobile or manufactured homes.
MODERATE INCOME HOUSING: Housing occupied or reserved for occupancy by households with a gross household income equal to or less than eighty percent (80%) of the median gross income for households of the same size in Washington County.
MODULAR HOME OR UNIT: A structure built from sections which are manufactured in accordance with the construction standards adopted pursuant to section 58-56-4, Utah Code Annotated (1953, as amended) rather than the national manufactured housing construction and safety standards act, 42 USC section 5401 et seq., and transported to a building site and installed on a permanent foundation, for the purpose of human habitation, occupancy, or use. Any such home shall not be included in the definition of a "mobile home" or "manufactured home".
NONCOMPLYING BUILDING; NONCOMPLYING STRUCTURE: A structure that legally existed before its current land use designation, but because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations which govern the use of land.
NONCOMPLYING LOT: A lot that existed before its current land use designation, but because of one or more subsequent land use ordinance changes, does not conform to the size, area, depth, frontage, or other regulations which govern the use of land.
NONCONFORMING USE: A use of land that legally existed before its current land use designation and has been maintained continuously since the time the land use ordinance governing the land changed but, because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land.
OFFENSIVE BUSINESSES: Any business which creates excessive odors, vibrations, fumes, smoke, gases or noises, including, but not limited to, packinghouses, dairies, tanneries, canneries, renderies, junk or salvage yards, bone factories, slaughterhouses, butcher shops, soap factories, foundries, breweries, distilleries, livery stables, gravel pits or blacksmith shops.
OFFICIAL MAP: A city map recorded in the Washington 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 the city time to purchase or otherwise reserve the land; and c) has been adopted as an element of the city's general plan.
100-YEAR FLOOD: A flood having a one percent (1%) chance of being equaled or exceeded in any given year.
PARKING LOT: An open area, other than a street, used for parking of more than four (4) automobiles and available for public use, whether free, for compensation or accommodation for clients or customers.
PARKING SPACE: A permanently surfaced area, enclosed or unenclosed, for the parking of one motor vehicle, not less than eighteen feet (18') in length and not less than nine feet (9') in width. Handicap parking spaces must additionally meet the requirements found in the Americans with disabilities act (ADA).
PERMITTED USE: A use of a lot or parcel of land permitted under the restrictions and regulations of the district in which it is situated and, as such, subject to such restrictions and regulations governing use, location, materials and height of buildings, densities, open space and other such regulations and restrictions as might apply within each specific district.
PERSON: An individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity.
PLAN FOR MODERATE INCOME HOUSING: A written document adopted by the city council that includes an estimate of the existing supply of moderate income housing located within the city, an estimate of the need for moderate income housing in the city for the next five (5) years as revised and reported biennially, a survey of total residential land use, an evaluation of how existing land uses and zones affect opportunities for moderate income housing, and a description of the city's program to encourage an adequate supply of moderate income housing.
PLANNED COMMUNITY DEVELOPMENT (PCD): A proposed development, featuring integrated design for development and construction of residential, commercial, or industrial uses, or combinations of such uses, which, because of the nature of the proposed use and/or size of the proposed development, will substantially impact the entire city, therefore requiring special review in accordance with chapter 15 of this title.
PLAT: A map or other graphical representation of lands being laid out and prepared in accordance with section 10-9a-603 (subdivisions), 17-23-17 (boundary adjustments), or 57-8-13 (condominiums), Utah Code Annotated (1953, as amended).
PRIMARY DWELLING: A single-family (or one-family) dwelling, that:
A. Is detached; and
B. Is occupied as the primary residence of the owner of record.
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, chapter 4, Utah Code Annotated (1953, as amended), regarding open and public meetings.
RECORD OF SURVEY MAP: A map of a survey of land prepared in accordance with section 17-23-17, Utah Code Annotated (1953, as amended).
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 is mounted on or pulled by another vehicle, including, but not limited to, a travel trailer, a park model unit which in all respects resembles and is built as a mobile home except that it has a gross trailer area of under four hundred (400) square feet in the set up mode, a camping trailer, a truck camper, a motor home, a fifth wheel trailer, a customized bus with sleeping areas, and a van.
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.
SETBACK: The shortest horizontal distance between the boundary line of a lot and the building or structure or part thereof.
SIGN: Any writing or pictorial representation, symbol, banner or any other figure of similar character of whatever material which is used to identify, announce, direct attention to or advertise, which is placed on the ground, on any bush, tree, rock, wall, post, fence, building, structure, vehicle or any place whatsoever and which is visible from outside a building. The term "place" shall include constructing, erecting, posting, painting, printing, tacking, mailing, gluing, sticking, carving, stringing or otherwise fastening, affixing or making visible in any manner whatsoever.
SITE PLAN: A plan, prepared to scale, showing accurately and with complete dimensioning, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel or parcels of land as required by this title.
SLOPE: A vertical rise in feet measured over a horizontal distance, expressed as a ratio, measured generally at right angles to contour lines.
SMALL FOWL: Birds weighing fifty (50) pounds or less. May include chickens, geese, ducks, turkeys, pigeons, doves or similar.
STORY: That portion of a building included between the surface of any floor and the floor or ceiling next above it.
STORY, HALF: A partial story under a gable, hip or gable roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four feet (4') above the floor of such story; and the floor area of which does not exceed two-thirds (2/3) of the floor area of the floor next immediately below it; provided, however, that any partial story used for one or more dwelling units shall be deemed a full story.
STREET, PRIVATE: A right of way or easement in private ownership, not dedicated or accepted as a public street, which affords the principal means of access to one or more sites.
STREET, PUBLIC: A thoroughfare which has been dedicated or abandoned to the public and accepted by a proper public authority, or a thoroughfare not less than twenty five feet (25') wide which has been made public by right of use and which affords the principal means of access to abutting property. A public street includes a highway, avenue, boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other public way.
STRUCTURE: Anything constructed, the use of which requires a fixed location on the ground, or attachment to something having a fixed location upon the ground.
USABLE OPEN SPACE: Shall include gardens, parks, patios, pavilions or other recreational structures or areas designated and set aside for residents' use whether indoor or outdoor, public or private. Parking lots and driveways that provide access to parking lots, service areas, or required setbacks shall not be considered as usable open space. Other structures, such as sheds or carports not related to enhancing the enjoyment of the usable open space, do not qualify as usable open space.
VACATION RENTAL: Sometimes known as a vacation home, vacation condominium (or "condo"), or vacation dwelling, a fully furnished overnight transient lodging facility (as that term is defined in section 3-11-1 of this code), other than the owner's primary residency, and not constituting a boarding house, that: a) is rented and used temporarily for recreational purposes (such as vacations), and b) complies with all applicable rules, regulations, and occupancy loads of the international building codes.
VARIANCE: A grant of relief to a person from the requirement of this title when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this title.
WRECKING/SALVAGE YARD: Any automotive business that relies on vehicles that are damaged and brought to the business for repair or for salvage by persons who have no interest in the repair or salvage of said vehicle. Resale or salvage value for the business shall not be a consideration of interest in the repair or salvage of the vehicle.
YARD SALES: Any sale held, whether in a residential or commercial zone, by a person who is not in the regular business of buying and selling. Such sale may be called a garage sale, a tag sale or any number of similar names. This is not to be confused with a flea market operation or other similar business where a conditional use permit and/or business license must first be obtained in order to operate as a commercial business. Yard/garage sales may be held only four (4) times per year with a duration up to seven (7) days per sale. No sales may be held in such a way that there would be a duration of more than seven (7) days at one time. Any sale held in conjunction with neighbors or others shall be counted as a sale for each party involved.
ZONING MAP: A map, adopted as part of a land use ordinance, which depicts land use zones, overlays, or districts. (Ord. 2007-25, 10-3-2007; amd. Ord. 2007-26, 10-3-2007; Ord. 2008-05, 2-20-2008; Ord. 2008-07, 5-7-2008; Ord. 2009-02, 2-18-2009; Ord. 2011-05, 4-20-2011; Ord. 2015-04, 7-1-2015; Ord. 2021-07, 10-6-2021)
1. UCA title 57, ch. 8 (1953, as amended).