For the purpose of this title, certain numbers, abbreviations, terms and words shall be used, interpreted and defined as set forth herein. Words not defined herein shall have a meaning consistent with Webster's new collegiate dictionary, latest edition. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word "herein" means "in these regulations", the word "regulations" means "these regulations", "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied".
ACCESSORY BUILDING, LARGE: An accessory building larger than six hundred (600) square feet that is located on the same lot as a residence.
ACCESSORY BUILDING, OCCUPIED: A building on the same lot as the principal building and that is:
A. Clearly incidental to and customarily found in connection with such principal building;
B. Operated and maintained for the benefit of the principal use; and
C. A dwelling unit or home office.
ACCESSORY BUILDING, UNOCCUPIED: A building on the same lot as the principal building and that is:
A. Clearly incidental to and customarily found in connection with such principal building;
B. Operated and maintained for the benefit of the principal use; and
C. Not a dwelling unit.
ACCESSORY LIVING QUARTERS: Accessory dwelling incidental to a church or airport.
ACCESSORY USE OR BUILDING: A subordinate use or building customarily incidental to and located upon the same lot occupied by the main use or building.
ADULT ORIENTED BUSINESSES: Any or all of the following or any portions of the following: adult book store, adult video store, adult novelty store, adult motion picture theater, adult theater and tattoo parlors.
AFFECTED ENTITY: A county, municipality, independent special district under Utah Code Annotated title 17D, independent special districts, local district under Utah Code Annotated title 17B, local districts, school district, interlocal cooperation entity established under Utah Code Annotated title 11, chapter 13, specified 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 municipality a copy of the entity's general or long range plan; or
C. The entity's boundaries or facilities are within one mile of land which is the subject of a general plan amendment or land use ordinance change.
AGRICULTURAL INDUSTRY OR BUSINESS: An industry or business involving agricultural products in manufacturing, packaging, treatment, sales or storage, including, but not limited to, food packaging or processing plants, and similar uses as determined by the planning and zoning commission with a conditional use permit. This definition does not include hog farms, commercial poultry businesses or rendering facilities.
AGRICULTURE: The tilling of soil, raising of crops, horticulture, gardening and other similar uses.
ALLEY: A public thoroughfare less than twenty six feet (26') wide.
ALTERATIONS, STRUCTURAL: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
ANIMAL HOSPITAL OR VETERINARY OFFICES: An establishment where animals are medically treated, lodged or trained by a licensed veterinarian.
ANIMAL WASTE: The excrement and discharge from an animal, or animal carcasses, tissues or any other substance or material capable of transmitting disease or disease carrying agents.
ANTENNA: A transmitting or receiving device used in telecommunications that radiates or captures radio, television or similar communication signals.
ANTENNA, FREESTANDING: An antenna mounted on the roof of or within a stand alone support structure, including, but not limited to, a wooden pole, steel pole, lattice tower, utility pole, lift tower, light standard, flag pole or other vertical support.
ANTENNA, ROOF MOUNTED: An antenna or series of individual antennas mounted on the roof of a building.
ANTENNA, TEMPORARY: An antenna used for a time period of less than thirty (30) days.
ANTENNA, WALL MOUNTED: An antenna or series of individual antennas mounted fully against the exterior face of a building including on the face of a chimney. A wall or face of a building is defined as the entire area of all exposed vertical surfaces of a building that are aboveground and facing approximately the same direction.
ANTENNA, WHIP: An antenna that is cylindrical in shape. Whip antennas can be directional or omnidirectional and vary in size depending upon the frequency and gain for which they are designed.
APARTMENT HOTEL: Any building that contains dwelling units and also satisfies the definition of a "hotel", as defined in this section.
APARTMENT HOUSE: A building that contains four (4) or more dwelling units primarily for rent or lease, or a building that contains an apartment or apartments and also contains other approved uses such as office or retail space.
APPEAL AUTHORITY: A 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.
APPLICANT: The owner of the property that is the subject of the application, or the owner's agent.
APPLICATION: A written request for development approval, including, but not limited to, an alteration or revision to an approved master planned development, conditional use permit, zoning or rezoning, subdivision or annexation. The term "application" shall not include any building permits associated with construction within an approved subdivision or on an existing platted lot unless otherwise specified.
ASSEMBLY FACILITY: A facility where pads are put together to develop a final product. Generally referring to automobile, computer and electronic assembly.
ASSISTED LIVING CENTER: Residences that provide for semi- independent living. Such facilities may be: a) equipped with studio or one bedroom apartments with limited kitchen facilities, generally designed for single occupancy; b) contain central dining facilities where prepared meals are served to the residents; c) employ full time nursing or medical assistance and supervision; and d) may provide other additional services to residents.
ATHLETIC CLUB: An establishment providing facilities for physical development, exercise, sports or recreation. Facilities may include exercise equipment, indoor and/or outdoor racquetball or tennis courts, jogging track, swimming pools, ice skating rink, indoor bathing, restaurant or snack bar, and sales of athletic equipment. Facilities may be open to the public for a fee, or available only to persons holding membership.
AUTO, TRUCK, RECREATIONAL VEHICLE AND EQUIPMENT SALES AND RENTAL: Sales of both new and used motor vehicles and equipment stored and displayed both indoors and on outside lots, but not to include nonserviceable or junk vehicles or equipment.
AUTO WRECKING, SALVAGE YARD: The commercial use of any lot, portion of lot or tract of land for the storage and keeping of salvage, including scrap metals or other scrap material, inoperable vehicles or for the dismantling or demolition of obsolete automobiles or equipment, machinery or parts thereof. This definition shall not be deemed to include such uses which are clearly accessory and incidental to any agricultural use permitted in the zone district.
AUTOMOTIVE REPAIR ESTABLISHMENT: An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment. Establishments involving auto body repair and painting services will require a conditional use permit. Not included are automotive salvage yards.
AUTOMOTIVE SELF-SERVICE STATION: An establishment for the retail sale of automobile fuels and lubricants, at which the customer provides the service to his own vehicle, and at which no vehicle repair or maintenance service is offered. Such an establishment may offer for sale at retail other convenience items as a clearly secondary activity. Stations located at interstate exchange catering to semitrucks, which also include accommodations for truckers, also known as truck stops, require a conditional use permit.
AUTOMOTIVE SERVICE STATION: An establishment whose primary purpose is the retail sale of gasoline or other motor vehicle and related fuel, oil or lubricant. Secondary activities may include minor automotive repair, maintenance or automatic car wash.
AVIATION AIRPORT SERVICES: Area containing an aviation landing strip, runway, hanger or other related services needed for aircraft.
BALCONY: A platform that projects from the wall of a building and is enclosed by a railing, parapet or balustrade.
BANKING OR FINANCIAL SERVICE: A bank, credit union, savings and loan association, or other establishment with a primary purpose of receiving, lending, exchanging or safeguarding money, or performing financial advisory service. This definition shall include outside drive-up facilities for service to customers in automobiles.
BAR, TAVERN, LOUNGE AND CLUB: An establishment intended primarily for the on premises sale and consumption of alcoholic beverages, open either to the public or operated as a nonprofit private club for members only.
BASEMENT: A story whose floor is more than twelve inches (12") below the average level of the adjoining ground, but where no more than half of its floor to ceiling height is below 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 purposes of side yard determination.
BED AND BREAKFAST: A building where, for compensation, meals and lodging are provided for at least five (5) but not more than fifteen (15) persons.
BOND, PUBLIC IMPROVEMENT: A one year guarantee to the town that all public improvements have been installed to town specifications and will operate properly.
BUILDING: Any structure, whether temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, possessions or property of any kind.
BUILDING AREA: The portion of a lot that is within the envelope formed by the required yards or setbacks, within which a structure can be located.
BUILDING HEIGHT: The vertical distance from the average finished grade surface at the building wall to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or the mean height level between eaves and ridge for gable, hip or gambrel roofs.
BUILDING INSPECTOR OR OFFICIAL: Meadow Town official or contracted official who is designated to inspect buildings under construction and upon completion.
BUILDING, MAIN: A building within which the principal land use of the lot is conducted.
BUSINESS: Any activity carried on for the purpose of gain or economic profit. The acts of employees rendering service to employers are not included in the term business unless otherwise specifically prescribed. "Business" includes, but is not limited to, the sale or rental of tangible personal or real property, the manufacturing of goods or property and the rendering of personal services for others for consideration by persons engaged in any profession, trade, craft, occupation, nonprofit organization or other calling.
BUSINESS, COMMERCIAL, LESS INTENSIVE: A business that does not include automotive, heavy equipment or twenty four (24) hour uses. May be with or without a drive-up window.
CANOPY: A roof or awning constructed of fabric or other material and extending outward from a building to provide a protective shield for doors, windows or other openings with supports extended to the ground directly under the canopy or cantilevered from the building.
CARPORT: A private garage not completely enclosed by walls or doors. For the purposes of this title, a carport shall be subject to all regulations prescribed for a private garage.
CEMETERY, COLUMBARIUM, CREATOR, MAUSOLEUM: Land or buildings used for the cremation, burial or interment of the human dead, but not including facilities for embalming.
CHIEF EXECUTIVE OFFICER: The mayor of Meadow Town.
CHILD PLACING: Receiving, accepting or providing custody or care for any child under eighteen (18) years of age, temporarily or permanently, for the purpose of:
A. Finding a person to adopt the child;
B. Placing the child temporarily or permanently in a home for adoption; or
C. Foster home placement.
CHILDCARE CENTER: The provision of childcare for business for eight (8) or fewer children, including the provider's children who are under the age of eighteen (18), within a dwelling unit.
CHILDCARE FACILITY: The provision of childcare for business for nine (9) or more children, including the provider's children who are under the age of eighteen (18).
CHURCH: A building set apart primarily for the purpose of worship in which religious services are held and with which clergy is associated, the main body of which is kept for that use and not put to any other use inconsistent with its primary use, and which is tax exempt under the laws of the state of Utah.
CINEMA, INDOOR: An enclosed building used primarily for the presentation of motion pictures.
CINEMA, OUTDOOR: An establishment at which motion pictures are projected onto an outdoor screen for viewing by patrons seated in parked motor vehicles.
CIVIC CLUB, FRATERNAL ORGANIZATION: A building or use, other than a church or school, operated by a nonprofit association or organization for a social, fraternal, political, civic or philanthropic purpose, which may include a meeting hall and cooking and dining facilities for large groups, but shall not provide overnight lodging.
CLUB, PRIVATE: Any nonprofit corporation or organization, operating as a social club, recreational, fraternal, athletic or kindred association organized primarily for the benefit of its stockholders or members and serving alcoholic beverages and/or food.
COAL YARD: The storage of coal in quantities in excess of ten (10) tons and/or the retail or wholesale sale of coal.
COLLOCATION: The location of a telecommunication facility on an existing structure, tower or building in a manner that precludes the need for that telecommunications facility to be located on a freestanding structure of its own.
COMPLETE APPLICATION: A submission, which includes all information requested on the appropriate form, and full payment of all applicable fees.
CONDITIONAL USE: A land use that, because of its unique characteristics or potential impact on the municipality, surrounding neighbors or adjacent land uses, may not be compatible in some areas of a zone district, or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts.
CONGREGATE LIVING FACILITY: A residence in which three (3) or more persons unrelated to the owner or provider reside, including, but not limited to, youth homes, residential facilities for the disabled and residential facilities for the elderly.
CONSERVATION EASEMENT: An easement designed to restore, enhance, protect and sustain the quality and quantity of ecosystems and natural resources.
CONSTITUTIONAL TAKING: Final action by the town to physically take or exact private real property that requires compensation to the owner because of the mandates of the fifth or fourteenth amendments to the constitution of the United States, or article I, section 22, of the Utah constitution.
CONVENIENCE GOODS SALES AND SERVICES: Stores or shops intended for retail sales of convenience goods or performance of convenience services. Goods and services regarded as convenience are those generally needed for daily home consumption and for which locations near residential neighborhoods are considered desirable. This category includes grocery store, drug store, variety store, personal service, hardware store, dry cleaning pick up, and uses considered similar and compatible.
COUNCIL: Members of the town council of Meadow Town.
COUNTY: The unincorporated area of Millard County.
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 two (2) or more sides by such building or buildings.
COVERAGE: The percent of the total site area covered by structures or impervious paving other than those accepted in this title.
CUL-DE-SAC: A minor street having an open end and being terminated at the other end by a vehicle turnaround.
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.
CULTURAL, CIVIC SERVICES: A building primarily used for the public, nonprofit display of art, historic or cultural artifacts, or other inanimate exhibits or a building primarily used as a lending library or reading room.
DAIRY: A commercial establishment housing animals for the processing and/or retail sale of dairy products.
DEVELOPMENT: The act, process or result of erecting, placing, constructing, converting, altering, relocating or demolishing any structure. This definition includes construction activity.
DISABILITY: A. 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 an impairment or being regarded as having such an impairment.
B. "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.
DISABLED CARE: A long term care residential facility for disabled persons or persons suffering from 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 an impairment or being regarded as having such an impairment.
DISTRICT: A portion of the area of Meadow Town, Utah, shown on a zoning map and given a zone classification as set forth in this title.
DRIVE TEST ANTENNA: A temporary antenna, which is used for field testing of telecommunications signals and possible locations, but does not provide telecommunications to customers.
DRY CLEANING ESTABLISHMENT: An establishment employing volatile or explosive substances for the cleaning or dyeing of fabrics. Excluded from this definition are traditional laundries employing water and soaps in the cleaning of fabrics and patron operated dry cleaning machines associated with laundromats.
DWELLING: Any building, or portion thereof, which is designed for use for residential purposes, except hotels, boarding houses, lodging houses and tourist cabins.
DWELLING, FOUR-FAMILY: A building arranged or designed to be occupied by four (4) families, the structure having only four (4) dwelling units.
DWELLING, MULTIPLE-FAMILY: A building arranged or designed to be occupied by more than four (4) families.
DWELLING, SINGLE-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.
EASEMENT: A negotiated interest in the land of another which allows the easement holder specified uses or rights without actual ownership of the land.
ELDERLY CARE: A long term care residential facility for the elderly. The term does not include a healthcare facility.
ELDERLY PERSON: A person who is sixty (60) years old or older, and who desires or needs to live with other elderly persons in a group setting, who may or may not be capable of living independently.
EQUIPMENT SHELTER: A structure used to house equipment for telecommunications facilities.
ESCROW: A deposit of cash with the town or an approved, alternate security in lieu of cash held to ensure a guarantee.
FARM ANIMALS/LIVESTOCK: Animals other than household pets that may, where permitted, be kept and maintained on private property.
FENCE: A physical barrier to delineate, contain or designate an area designed for a specific use, such as an enclosure for a dwelling unit, an area of storage, etc.
FENCE, ELECTRIC: A fence wired with low voltage (12 volt maximum) electricity.
FENCE, RAZOR: A fence with razor coil, cable or tooth wire along certain portions.
FENCE, WILDLIFE: Open fencing allowed at a height six feet (6') or higher when a need is shown to protect animals from entering or leaving an area.
FINAL ACTION: The latter of the final vote or the approved, written decision on a matter.
FINAL PLAT: A recordable subdivision or condominium map.
FIREWORKS SALES/STANDS: The temporary display and sale of legally allowed fireworks.
FLAG LOT: The remaining lot created from the subdivision of one lot, with proper street frontage, into two (2) lots which consist of:
A. A frontage lot, with proper street frontage; and
B. A flag lot, with street access, but without street frontage. The flag lot consists of an access portion and a banner portion.
FLOOR AREA, GROSS: The area of a building, including all enclosed areas designed for human occupation. Gross floor area does not include unenclosed porches, balconies, patios and decks, vent shafts, courtyards or garages, up to a maximum floor area of six hundred (600) square feet.
FLOOR AREA, NET LEASABLE: Gross floor area, excluding common hallways, mechanical and storage areas, and restrooms.
FLOOR AREA RATIO (FAR): The maximum allowed gross floor area divided by the area of the lot or parcel.
FRONTAGE: The length of the property line of the lot fronting on one side of a street.
GARAGE, COMMERCIAL: A building other than a private garage used for the temporary parking of automobiles with or without a fee.
GARAGE, PRIVATE (INCLUDING CARPORT): A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises.
GATED COMMUNITY: A subdivision or residential area where primary access is regulated through a gated entry point.
GENERAL MERCHANDISE SALES AND RELATED SERVICES: Stores, department stores or shops intended for sale of goods or merchandise, but not including convenience goods, liquor, motor vehicles, campers, trailers or lumber.
GENERAL PLAN: A document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality, as set forth in Utah Code Annotated section 10-9a-401 et seq.
GOVERNING BODY: The town council of Meadow Town.
GRADE: A. For buildings adjoining more than one street, the average of the elevations of the sidewalks at the centers of all walls adjoining streets.
B. For buildings adjoining one street only, the elevation of the sidewalk at the center of that wall adjoining the street.
C. For buildings having no wall adjoining the streets, the average level of the ground (finished surface) adjacent to the exterior walls of the buildings.
All walls approximately parallel to and not more than five feet (5') from a street line are to be considered as adjoining a street.
GROUP HOME: A profit or nonprofit boarding home for the sheltered care of persons with special needs, which, in additional to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation. "Group home" includes congregate facilities for all persons.
HANDICAPPED PERSON: A person who:
A. Has a severe, chronic disability that is attributable to mental or physical impairments, that is likely to continue indefinitely, and that results in a substantial functional limitation in three (3) or more of the following areas of major life activity:
1. Capacity for independent living;
2. Economic self-sufficiency;
3. Learning;
4. Mobility;
5. Receptive and expressive language;
6. Self-care;
7. Self-direction; and
B. Requires 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.
HEALTH DEPARTMENT: The Utah state division of environmental health or local health agency having jurisdiction.
HEALTHCARE CENTER (CONVALESCENT CENTERS): A publicly or privately operated facility, other than a hospital, intended for the long term, inpatient care of human illness or infirmity, including the elderly and developmentally disabled, normally employing the services of skilled and licensed practitioners.
HEAVY/FARM EQUIPMENT SALES: Vehicles or equipment in excess of one ton used in farming, construction or other related services.
HEIGHT, BUILDING: The vertical distance from the existing grade to the highest point of the cornice of a flat roof or to the deck line of a mansard roof or to the midpoint of the highest gable of a pitch or hip roof.
HOME OCCUPATION: An occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display other than that provided in Meadow Town ordinances with relation to signs, no stock in trade, and no person employed other than members of the family residing on the premises.
HOSPITAL: An institution designed for the diagnosis, treatment and care of human illness or infirmity and providing health services, primarily for inpatients, and including as related facilities, laboratories, outpatient departments, training facilities and staff offices, but not including clinics or healthcare centers.
HOTEL: A building designed or occupied as the more or less temporary abiding place of fifteen (15) or more individuals who are, for compensation, lodged, with or without meals.
HOUSEHOLD PETS: Animals or birds 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, as defined in this section.
INACTION: An application is inactive and subject to denial on the basis of inactivity if, through the act or omission solely of the applicant and not of the town:
A. More than six (6) months has passed since a request for additional information was made by the town without a response from the applicant;
B. Upon notice, the applicant is more than sixty (60) days in default of the payment of any fee assessed by resolution, or has not paid the fee under protest;
C. The applicant has stated an intent to abandon the project; and
D. The application appears to have been filed in bad faith for the purpose of attempting to vest rights prior to a zoning change, without actual intent to construct the project applied for.
INDUSTRIAL (OR RESEARCH) PARK: A tract of land that is subdivided and developed according to a plan for the use of a community of industries and related uses and that is of sufficient size and physical improvement to protect surrounding areas and the general community and to assure a harmonious integration into the neighborhood.
INDUSTRY, LIGHT: The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment entirely within an enclosed structure, with no outside storage, serviced by small (3/4 ton) trucks or vans, and imposing a nearly negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants.
INDUSTRY, MEDIUM: The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment within an enclosed structure, or an open yard that is capable of being screened from neighboring properties, is serviced by trucks or other vehicles, and whose environmental impact is within the industrial performance standards as outlined in this title.
INTERMITTENT USE: A temporary business of selling and delivering goods, wares and merchandise within Meadow Town.
ITINERANT MERCHANT: Any person, firm or corporation, whether as owner, agent, consignee or employee, whether or not a resident of the municipality, who engages in a temporary business of selling and delivering goods, wares and merchandise within the municipality, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, public room in any hotel, motel, lodging house, apartment, shop or any street, alley or other place within the municipality, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. This also includes a person, firm or corporation associating temporarily with a local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as part of, or in the name of any local dealer, trader, merchant or auctioneer.
JUNKYARD: The commercial use of any lot, portion of a lot, or tract of land for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, other vehicles or machinery, or parts thereof; provided, that this definition shall not be deemed to include such uses which are clearly accessory and incidental in the district.
KENNEL, COMMERCIAL: A shelter for or a place where more than three (3) dogs or cats are bred, boarded or trained for monetary gain.
KENNEL, PRIVATE: A shelter for or a place where more than three (3) and no more than five (5) dogs and cats are bred, boarded or trained for no monetary gain.
LAND USE APPLICATION: An application required by a municipality's land use ordinance.
LAND USE AUTHORITY: A person, board, commission, agency or other body designated by the local legislative body to act upon a land use application.
LAND USE ORDINANCE: A planning, zoning, development or subdivision ordinance of the municipality, but does not include the general plan.
LATTICE TOWER: A self-supporting multiple sided, open steel frame structure used to support telecommunications antenna equipment.
LAUNDROMAT: An establishment in which patrons wash, dry or dry clean clothing and other fabrics in coin operated, self- service machines.
LAUNDRY: An establishment at which clothing and other fabrics are washed and pressed. Excluded from this definition are dry cleaning establishments and laundromats.
LEASABLE, GROSS: Total area, including hallways, mechanical equipment room and common bathrooms.
LEGISLATIVE BODY: The Meadow Town council.
LIQUOR STORE: A retail sales store authorized by the Utah state alcoholic beverage control commission to sell packaged alcoholic beverages for off premises consumption.
LOCAL JURISDICTION: Meadow Town.
LOT: A parcel of land occupied or to be occupied by a main building or group of buildings (main and accessory), together with such yards, open spaces, lot width and lot area as are required by this title and having frontage upon a street. More than one dwelling structure may be built on a lot only in cases where the lot is of such size as to provide such required lot area, yards and frontage for each dwelling structure as are required for the first dwelling structure on the lot.
LOT, CORNER: A lot situated at the intersection of two (2) streets, the interior angle of such intersection does not exceed one hundred thirty five degrees (135o). A corner lot fronts two (2) streets.
LOT DEPTH: The horizontal distance between the front and rear lot lines measured in the main direction of the side lot line.
LOT LINE: Property lines bounding the lot.
LOT LINE, FRONT: The property line dividing a lot or parcel from the right of way of the street from which structure takes access.
LOT LINE, REAR: The property line opposite the front lot line.
LOT LINE, SIDE: Any lot or property line other than a front or rear lot line.
LOT WIDTH: The minimum distance between the side lot lines at the front yard or front building facade. For three (3) sided lots, the minimum distance between the rear and side lot lines at the front yard or front building facade.
LOW POWER RADIO SERVICES FACILITY: An unmanned structure, which consists of equipment used primarily for the transmission, reception or transfer of voice or data through radio wave or wireless transmissions. Such sites typically require the construction of transmission support structures to which antenna equipment is attached.
LUMBER SALES AND STORAGE: The sale and display of lumber and building supplies, including the outside storage of lumber and related merchandise.
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, that:
A. 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
B. 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.
MANUFACTURING USE: Research and development facilities, testing laboratories and facilities for the production, fabrication, processing or assembly of goods and products.
MASSAGE THERAPY SERVICES: See definition of Office, Professional.
MASTER PLANNED DEVELOPMENT (MPD): A form of development characterized by a comprehensive and unified site plan and design. The MPD generally includes a number of housing units; a mix of building types and land uses; clustered buildings designed to integrate one with another and to complement the surrounding land uses; significant open space; flexible in interior setbacks, heights and density; and valued community amenities.
MEDICAL CLINIC: See definition of Office, Professional.
MENTAL HEALTH CENTER: A publicly or privately operated facility, intended for the diagnosis and treatment of mental or emotional disorders.
MILITARY SURPLUS GOODS/STORE: New or used military equipment, vehicles or supplies, which are available for resale to the general public.
MIXED USE, COMMERCIAL: Development which incorporates a mix of uses, including retail commercial and/or offices and residential.
MIXED USE, HORIZONTAL: Commercial and residential uses which are within close proximity to each other and designed in a "village" manner, but not necessarily within the same building structures.
MIXED USE, VERTICAL: Commercial and residential uses, which are within the same building structure.
MOBILE HOME: A detached single-family dwelling unit of not less than thirty feet (30') in length, designed for long term occupancy and to be transported on its own wheels or on a 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 connections to utilities and other work. Presectionalized, modular or prefabricated houses not placed on permanent foundations, shall be regarded as mobile homes and only authorized in mobile home parks.
MOBILE HOME LOT: A designated portion of a mobile home park designed for the accommodation of one mobile home and its accessory buildings or structures which complies with all relevant building codes and ordinances.
MOBILE HOME PAD: Pad of the mobile home space which has been prepared and reserved for the placement of one mobile home.
MOBILE HOME PARK: A residential development in which owners of mobile homes or manufactured housing may rent or lease a lot on which to place their home. Such developments may provide all of the amenities and improvements typical of subdivisions.
MOBILE HOME PARK PLUMBING SYSTEM: The park sewer and water supply systems within the park property line.
MOBILE HOME PARK SEWAGE SYSTEM: Any pipe or line not built into the mobile home which is used for the disposal of human waste.
MOBILE HOME SERVICE BUILDING: A building which is not a mobile home which houses separate toilet and bathing facilities for men and women and which may also have laundry facilities, flushing rim sink, and other facilities as may be required by the ordinances of Meadow Town.
MODEL HOME: A dwelling unit used initially for display or marketing purposes, with a certificate of occupancy, which typifies the units that will be constructed.
MODULAR HOME: A permanent dwelling structure built of prefabricated units which are assembled and erected on the site, and which meets the IBC.
MONOPOLE: A single cylindrical steel or wood pole that acts as the support structure for antennas.
MONUMENT SIGN: A sign six feet (6') or less in height which is flush to the ground.
MORTUARY, FUNERAL HOME: An establishment in which the human dead are prepared for burial or cremation. The facility may include a chapel for the conduct of funeral services, spaces for informal gatherings and related accessory uses.
MOTEL: A building or group of buildings containing individual sleeping units designed and used primarily for the accommodation of transient automobile travelers and with automobile parking immediately accessible.
MUNICIPAL FACILITIES: Those improved properties owned by the municipality, or the public.
NATURAL WATERWAYS: Those areas, varying in width, along streams, creeks, springs, gullies or washes that are natural drainage channels, as determined by the building inspector.
NEW DEVELOPMENT: Any new construction activity.
NONCOMPLYING STRUCTURE: A structure that:
A. Legally existed before its current land use designation; and
B. 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 SIGN OR SIGN STRUCTURE: A sign or sign structure, or portion thereof, lawfully existing prior to October 21, 2014, which does not conform to all height, area, yard, spacing, animation, lighting or other regulations prescribed in the zone in which it is located.
NONCONFORMING USE: A use of land that:
A. Legally existed before its current land use designation;
B. Has been maintained continuously since the time the land use ordinance governing the land changed; and
C. Because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land.
NURSERY: A business that grows, cultivates and/or distributes and sells plants and other landscaping or horticulture related items.
NURSING HOME: A business described also as a "rest home" or "convalescent home", other than a hospital, in which persons are lodged long term and furnished with care rather than diagnoses or treatment.
OFFICE, BUSINESS OR GOVERNMENT: A place intended for the conduct of administration or services by a business enterprise or unit of government.
OFFICE, PROFESSIONAL: A place intended for the conduct of a recognized learned profession. Such uses include offices or clinics devoted to treatment and care of human illness or injury (medical, dental, chiropractic offices, massage therapist and similar uses). Other professions so defined would include, but not be limited to, accountants, architects, engineers and lawyers. Definition does not allow for inpatient care facilities or adult oriented businesses.
OFFICIAL STREETS MASTER PLAN: As adopted by the town council, the designation of each existing and planned street and right of way, and those located on approved and filed plats, for the purpose of providing for the development of the streets, highways, roads and rights of way and for their future improvement, reconstruction, realignment and necessary widening, including provision for curbs and sidewalks. The classification of each street and right of way is based upon its location in the respective zoning district of the town, its present and estimated future traffic volume and its relative importance and function.
OFFICIAL ZONING MAP: The map adopted by the town council pursuant to law showing the streets, zoning districts and town boundaries; and any amendments or additions thereto resulting from the approval of any subdivision or annexation plats and the subsequent filing of such approved plats.
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 development.
ORDINARY HIGH WATER MARK: The line on the bank to which the high water ordinarily rises annually in season as indicated by changes in the characteristics of soil, vegetation or other appropriate means, which consider the characteristics of the surrounding areas. Where the ordinary high water mark cannot be found, the top of the channel bank shall be substituted. In braided channels, the ordinary high water mark or substitute shall be measured so as to include the entire stream feature.
OUTDOOR RECREATION, PARK OR PLAYGROUND (PUBLIC OR PRIVATE): An area free of buildings except for restrooms, dressing rooms, equipment storage and maintenance buildings, and open air pavilions and used primarily for recreation activities not involving motor vehicles or overnight use.
OUTDOOR RECREATIONAL USES: Recreational activities involving off highway vehicles and similar motorized vehicles for recreational use and horse arenas, equestrian parks and equine activity, including, but not limited to, equine shows, fairs, competitions, performances, racing or sales that involve any breed of equines and any equine disciplines; boarding or training equines and teaching persons equestrian skills. The town council may also determine other equine activities that are consistent with this section.
OWNER: Any person, or group of persons, having record title to the property sought to be developed or subdivided and the owner's agent.
PARCEL: An unplaced unit of land described by metes and bounds and designated by the county recorder's office with a unique tax identification number.
PARKING AREA: An unenclosed area or lot other than a street used or designed for parking.
PARKING AREA, PRIVATE: An open area, other than a street, used for the parking of the automobiles of occupants of a dwelling, hotel or apartment hotel.
PARKING, PUBLIC: A parking area or parking facility to be used by the public for a fee or otherwise.
PARKING, RESIDENTIAL: A parking area or structure used exclusively for residential, noncommercial uses.
PARKING, SHARED: The development and use of parking areas on two (2) or more separate properties for joint use by the businesses or residents on those properties.
PARKING SPACE, AUTOMOBILE: A space within a building or a private or public parking area, exclusive of driveways, ramps, columns and office and work areas, for the parking of one automobile.
PAWNSHOPS: A business dealing in or collecting used or secondhand merchandise or personal progeny, which has been legitimately obtained.
PERSON: An individual, corporation, partnership or incorporated association of individuals, such as a club.
PERSONAL SERVICES: Establishments primarily involved in providing personal grooming and related services. This definition shall include barber shops, beauty parlors, tailors and massage services, but not laundries or dry cleaners.
PET GROOMING: The grooming of small pets such as dogs and cats; provided, that no more than five (5) animals may be on the premises at one time and that no lodging of animals is allowed.
PLANNING AND ZONING COMMISSION: The Meadow Town planning and zoning commission.
PLAT: A map or other graphical representation of lands being laid out and prepared in accordance with Utah Code Annotated section 10-9a-603 et seq. See chapter 10, "General Design Standards For Construction And Development", of this title.
PRELIMINARY PLAT: The preliminary drawings of a proposed subdivision, specifying the layout, uses and restrictions.
PRESCHOOL: The education or teaching of children, including kindergarten preparation, music lessons, etc.
PROPERTY: Any parcel, lot or tract of land, including improvements thereon, in the possession of or owned by, or recorded as the real property of, the same person or persons.
PROPERTY LINE: The boundary line of a parcel or lot.
PROPERTY LINE, FRONT: That pad of a parcel or lot which abuts a street.
PUBLIC HEARING: A hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing.
PUBLIC IMPROVEMENT: Any building, water system, drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off street parking lot, space or structure, lot improvement, or other facility for which the town may ultimately assume responsibility, or which may effect a town improvement.
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 RIGHT OF WAY: An area of land that is legally described in a registered deed for the provision of public access.
PUBLIC SERVICE: Uses which may be housed in separate buildings, or which may occupy a space within a building, that are operated by a unit of government to serve public needs such as police (with jail), fire service, ambulance, post office or judicial court, but not including public utility stations or maintenance facilities.
PUBLIC STREET: A street, including the entire right of way, which has been dedicated to and accepted by Meadow Town or other governmental agency, or which has been devoted to public use by legal mapping, use or other means.
PUBLIC UTILITY STATIONS: A structure or facility used by a public or quasi-public agency to store, distribute, generate or chemically treat water, power, gas, sewage, equipment or other service elements.
RECORD OF SURVEY MAP: A graphic illustration of a survey of land prepared in accordance with state laws.
RECREATIONAL VEHICLE: A vehicular unit, other than a mobile home, primarily designed as a temporary dwelling for travel, recreational and 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 camping trailer, a truck camper, a motor home, a fifth wheel trailer and a van.
RECREATIONAL VEHICLE PARK (TRAVEL TRAILER PARK): Any area or tract of land or separately designated section where lots are rented to one or more owners or users of recreational vehicles for a temporary time.
RELIGIOUS, EDUCATIONAL INSTITUTE: A 28 USC 501(c)(3) nonprofit organization engaged in teaching, community programs or spiritual endeavors, which qualifies as a tax exempt religious institution under title 28 of the United States Code.
REPAIR SERVICES, SMALL APPLIANCE OR EQUIPMENT: An establishment for the repair of household or other small appliances or equipment and at which no such appliances or their parts are stored out of doors.
RESIDENTIAL FACILITY FOR THE ELDERLY: A long term care residential facility for elderly persons. The term does not include a healthcare facility.
RESIDENTIAL SUPPORT: Arranging for or providing the necessities of life as a protective service to individuals or families who are disabled or who are experiencing a dislocation or emergency which prevents them from providing these services for themselves or their families. Treatment is not a necessary component of residential support.
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, CAFE, CONFECTIONERY: An establishment where food is prepared and served to customers for consumption on the premises.
RESTAURANT, FAST FOOD, DRIVE-IN: An establishment distinguished from a traditional sit down restaurant in that service is provided from a counter or window for consumption either off or on the premises; on premises consumption normally requires considerably less time than consumption in a traditional restaurant. Service may also be provided to customers in automobiles by use of an outside drive-up window; parking is provided immediately adjacent to the building. This definition includes also specialty food stores such as ice cream parlors or delicatessens, having counter or window service.
RESUBDIVISION: A change in a map of an approved or recorded subdivision plat if such change affects any right of way or lot line; or any change in a map or plan legally recorded prior to the adoption of regulations controlling subdivisions.
RIGHT OF WAY: A strip of land, dedicated to public use, that is occupied or reserved to be occupied, by a street, crosswalk, trail, stairway, railroad, road, utilities, or for another special use.
ROAD CLASSIFICATION: The streets, highways, roads and rights of way designated on the streets master plan.
ROAD RIGHT OF WAY WIDTH: The distance between property lines measured at right angles to the centerline of the street.
ROOF: The building element, which covers the top of the structure as the walls enclose the sides.
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.
SATELLITE RECEIVING STATION: Any apparatus or device designed for the purpose of transmitting and/or receiving radio, television, satellite microwave or other electromagnetic energy signals between terrestrially and/or orbital based uses. This definition includes, but is not limited to, what are commonly referred to as satellite earth stations, satellite microwave antennas, TVROs or dish antennas. This definition does not include conventional television antennas.
SCHOOL, PRIVATE OR QUASI-PUBLIC: A school operated by a private or quasi-public organization or individual, which has a program similar to that provided in any public school in the state of Utah, except that such curriculum may include religious instruction. A private school may be a profit making or nonprofit organization. This definition shall not include commercial schools.
SCHOOL, PUBLIC: An educational facility operated by a school district or other public agency of the state of Utah.
SCREEN OR SCREENED: The act, process or result of visually and/or audibly shielding or obscuring a structure or use from adjacent property by fencing, walls, berms, densely planted vegetation or other features.
SECURE TREATMENT: 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.
SENIOR CITIZEN CENTER: A government sponsored public building, other than a church or school, serving the social and recreational needs of the elderly. Such a center may include a meeting hall and cooking and dining facilities for large groups, but shall not provide overnight lodging.
SETBACK: The required minimum distance between a building or structure and the closest of the following: property line; platted street; or existing curb or edge of a street.
SHOPPING CENTER, COMMUNITY (RETAIL BUSINESS): A completely planned and designed commercial development providing for the sale of general merchandise and convenience goods and including a variety store, discount store or supermarket.
SHOPPING CENTER, NEIGHBORHOOD: A planned commercial development providing primarily for the sale of convenience goods and services. The center is designed to serve a residential neighborhood.
SIGN: Any words, letters, pads of letters, figures, numerals, phrases, sentences, emblems, devices, trade names or trade masks, by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, a commodity or product, which are visible from any public way. Sign shall also include the sign structure supports, lighting system and any attachments, ornaments or other features intended to draw the attention of observers.
A-Frame Sign: A sign constructed with two (2) sides attached at the top so as to allow the sign to stand in an upright position. Usually temporary and/or movable.
Alteration, Sign: A change or rearrangement in the structural part or design of a sign, whether by extending on a side, by increasing in area or height, or by relocating or change in position.
Animated Sign: A sign which includes motion or rotation of any part by mechanical or artificial means, or subdued color changes.
Awning Sign: A sign painted, printed or placed on any portion of a cloth or fabric covering.
Banner Sign: A sign made of fabric or any nonrigid material with no enclosing framework. A type of temporary sign.
Billboard Sign: An off premises advertising sign.
Campaign Sign: A temporary sign used by candidates running for political and elected offices and signs with political purposes.
Flashing Sign: A sign which has or appears to have motion or rotation of the lighting elements or displays flashing or intermittent light.
Flat Sign: A sign erected parallel to and attached to the outside wall of a building and extending not more than twenty four inches (24") from such wall with messages of copy on the face side only.
Floodlighted Or Externally Lighted Sign: A sign made legible in the absence of daylight by devices, which reflect or project light upon it.
Illuminated Sign: A sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes.
Mobile Changeable Copy Sign: A sign mounted on a trailer or frame, lighted or unlighted, with changeable lettering.
Nameplate Sign: A sign indicating the name or names of persons legally occupying the premises.
Overhanging Sign: A sign which projects twelve inches (12") or more beyond any portion of the roof of a building.
Pole Sign: A sign affixed in or upon the ground supported by one or more structural members, with air space between the ground and the bottom of the sign face.
Roof Sign: A sign which is erected partly or wholly on the roof of the building.
Sign Area: The area of a sign that is used for display purposes, excluding the minimum frame and supports. In computing sign area, only one side of a back to back or double faced sign shall be computed when signs are parallel or diverge from a common edge by an angle of not more than ten degrees (10o). For signs that do not have a frame or a separate background, the sign area shall be computed on the basis of the least rectangle, triangle or circle large enough to frame the display. Sign areas in the shape of a sphere, prism, cylinder, cone, pyramid, square or other such shape shall be computed as one-half (1/2) of the total surface area.
Sign Maintenance: The upkeep of signs in a safe, presentable and good condition, including the replacement of defective pads, repainting, cleaning and other aids required for the maintenance of said sign.
Sign Setback: The minimum distance that any portion of a sign or sign structure shall be from any street property line.
Sign Structure: Anything constructed or erected supporting a sign, which requires locations on or below the ground or attached to something having location on or below the ground.
Snipe Sign: A temporary sign or poster, which is attached to the supports for another sign, a public utility pole, tree, fence, etc.
Temporary Sign: Any sign, banner, pennant, valance or advertising display constructed of paper, cloth, canvas, light fabric, cardboard, wallboard or other light material, with or without frames, intended to be displayed out of doors for a short period of time.
SIGNIFICANT VEGETATION: Includes all large trees six inches (6") in diameter or greater measured four and one-half feet (41/2') above the ground, all groves of small trees, and all clumps of oak or maple covering an area fifty (50) square feet or more measured at the drip line.
SITE DEVELOPMENT STANDARDS: Regulations unique to each zone conceding standards for development, including, but not limited to, lot areas, setbacks and building height.
SITE DISTANCE TRIANGLE: A triangular area at the intersection of two (2) streets bounded by top back of curb and a line connecting them at points twenty five feet (25') from the intersection of the two (2) curb lines.
SKETCH PLAT: A sketch preparatory to the preliminary plat, or subdivision plat in the case of minor subdivisions, to enable the owner to save time and expense in reaching a general agreement with the planning and zoning commission as to the form of the plat.
SLOPE: The level of inclination of land from the horizontal plane determined by dividing the horizontal run, or distance, of the land into the vertical rise, or distance, of the same land and converting the resulting figure to a percentage value.
SMALL ENGINE REPAIR: An establishment engaged in the repair and maintenance of small engines with an engine displacement size no greater than two thousand (2,000) cc. This includes, but is not limited to, motorcycles, OHVs, ATVs, home and garden tools and equipment, outboard motor watercraft (engine removed), snowmobiles, chain saws and other similar small engines.
SOLICITORS: Any person who goes upon the premises of any business or private residence, not having been invited by the occupant thereof, for the purpose of selling, offering for sale or taking orders for merchandise or services door to door within the town. Merchandise shall include goods, food, wares, photographs and subscriptions to any kind of publication, tickets, coupons or receipts representing value.
SPECIAL DISTRICT: An entity established under the authority of Utah Code Annotated title 17D, special districts, and any other governmental or quasi-governmental entity that is not a county, municipality, school district or unit of the state.
STABLE, PRIVATE: A detached accessory structure used for the keeping and housing of livestock by the occupants of the premises.
STABLE, PUBLIC: A stable other than a private stable.
STEALTH TELECOMMUNICATIONS FACILITY: A telecommunications facility, which is disguised as another object or otherwise concealed from public view.
STORAGE LAND SEA CONTAINERS: Any trailer commonly described as a storage container or storage unit, including, but not limited to, semitrailers, cargo trailers and any other similar unit with a storage space of greater than one hundred twenty (120) square feet.
STORY: A habitable level within a building serving to define the building height. Basements that emerge less than four feet (4') from grade or attics not exceeding four feet (4') at the kick wall shall not constitute an additional story.
STORY, HALF: A story with at least two (2) of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds (2/3) of the floor immediately below it.
STREAM: A naturally fed watercourse that flows year around or intermittently during years of normal rainfall. This definition excludes ditches and canals constructed for irrigation and drainage purposes.
STREAM CORRIDOR: The corridor defined by the stream's ordinary high water mark.
STREET: A private or public right of way, highway, avenue, boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easements and other way.
STREET, ACCESS: A street that serves a small number of dwellings and usually does not allow through traffic. Usual ADT (average daily traffic) range is zero to two hundred fifty (0-250) vehicles.
STREET, ARTERIAL: A street which provides for through traffic movement between areas and across the city, with moderate access to abutting property, subject to necessary control of entrances, exits and curb use, and also provides access to highways. Arterials are not usually included in residential street plans. Maximum ADT is three thousand plus (3,000+) vehicles.
STREET, COLLECTOR: A street that provides for a high volume of traffic movement between major arterials and local streets, and direct access to abutting property. Usual ADT range is one thousand (1,000) to three thousand (3,000) vehicles.
STREET, LOCAL: A street that provides for direct access to abutting land and for local traffic movements.
STREET, PRIVATE: A right of way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two (2) or more lots.
STREET, PUBLIC: A street that has been dedicated to and accepted by the town council; that the town has acquired and accepted by prescriptive right; or that the town owns in fee. A public thoroughfare which affords principal means of access to abutting property and has a right of way that exceeds twenty six feet (26') in width. The term public street shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar term.
STREET, SUBCOLLECTOR: A street which conveys traffic to more dwellings and includes through traffic between access streets and collectors. Usual ADT range is two hundred fifty (250) to one thousand (1,000) vehicles.
STREETSCAPE: The distinguishing characteristics of a particular street, including paving materials, adjacent space on both sides of the street, landscaping, retaining walls, sidewalks, building facades, lighting, medians, street furniture and signs.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
STRUCTURE: Anything constructed, the use of which requires a fixed location on or in the ground, or attached to something having a fixed location on the ground and which imposes an impervious material on or above the ground. Structure includes the term "building".
STRUCTURE, PREEXISTING: A structure which was legally constructed prior to October 21, 2014.
SUBDIVISION: A. Any land that is divided, resubdivided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease or development either on the installment plan or upon any and all other plans, terms, and conditions.
B. "Subdivision" includes:
1. The division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument; and
2. Except as provided in subsection C of this definition, divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural and industrial purposes.
C. "Subdivision" does not include:
1. A bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable land use ordinance;
2. A recorded agreement between owners of adjoining unsubdivided properties adjusting their mutual boundary if:
a. No new lot is created; and
b. The adjustment does not violate applicable land use ordinances;
3. A recorded document, executed by the owner of record:
a. Revising the legal description of more than one contiguous unsubdivided parcel of property into one legal description encompassing all such parcels of property; or
b. Joining a subdivided parcel of property to another parcel of property that has not been subdivided, if the joinder does not violate applicable land use ordinances;
4. A recorded agreement between owners of adjoining subdivided properties adjusting their mutual boundary if:
a. No new dwelling lot or housing unit will result from the adjustment; and
b. The adjustment will not violate any applicable land use ordinance; or
5. A bona fide division or partition of land by deed or other instrument where the land use authority expressly approves in writing the division in anticipation of further land use approvals on the parcel or parcels.
D. The joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a subdivision under this definition as to the unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's subdivision ordinance.
SUBDIVISION, MAJOR: All subdivisions of ten (10) or more lots, or any size subdivision requiring any new street or extension of municipal facilities, or the creation of any public improvements, and not in conflict with any provision or portion of the general plan, official zoning map, streets master plan or these regulations.
SUBDIVISION, MINOR: Any subdivision containing less than ten (10) lots that may require the recording of a plat and all or part of the development requirement of a major subdivision, and not in conflict with any provision or portion of the general plan, official zoning map, streets master plan or these regulations.
SUBDIVISION PLAT: The final map or drawing, on which the applicant's plan of subdivision is presented to the town council for approval and which, if approved, may be submitted to the county recorder for filing.
SUBDIVISION, SIMPLE LOT: Any subdivision containing not more than three (3) lots fronting on an existing street, not involving any new street, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the general plan, official land use map, streets master plan, or these regulations. Subdivisions qualifying as a simple lot subdivision are exempt from the plat requirement.
SURPLUS SECONDHAND STORE: An establishment that sells surplus items, used furniture, appliances, clothing and miscellaneous small items. Excluded from this definition are establishments selling used motor vehicles, their parts, military surplus and other heavy equipment.
TECHNICAL NECESSITY: A particular design, placement, construction or location of a telecommunications facility that is technically necessary for telecommunications consistent with the federal telecommunications act of 1996, as amended.
TELECOMMUNICATIONS: The transmission, between or among points specified by a user, of information of the user's choosing, without change in the form or content of the information as sent or received.
TELECOMMUNICATIONS FACILITY, MINOR: A telecommunications facility of less than thirty five feet (35') in height consisting of antenna, equipment shelters and related structures used for transmitting and/or receiving telecommunications and/or radio stations.
TEMPORARY OUTDOOR USE: A use, activity, vending cart, special event or commercial use outside that is not permanent in nature and after a seventy two (72) hour time period ceases or is removed.
TEMPORARY USE: A use, activity or special event that is not permanent in nature and after a designated time period ceases or is removed.
THEATER, CONCERT HALL: A building or amphitheater used primarily for the presentation of live stage productions or performances.
TRAILER, TRAVEL: See definition of Recreational Vehicle.
TRANSFER STATION: A facility designed for the transfer and transport of solid waste.
TRAVEL PARK: See definition of Recreational Vehicle Park.
UNINCORPORATED: The area outside of the incorporated boundaries of cities and towns.
USE: The activities occurring on a lot or parcel of land for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied, including all accessory uses.
USE, PREEXISTING: A use which validly existed prior to October 21, 2014, and has not been abandoned for more than six (6) months.
VENDING CART: A small wheeled, nonmotorized vehicle from which to sell food and/or merchandise for immediate consumption or use.
WAREHOUSE STORAGE UNITS: A building in which goods, merchandise or equipment are stored for eventual distribution, or for which storage space is rented.
WELDING MACHINE SHOP: A building or structure where pieces of metal are welded.
YARD: An open space on a lot, unoccupied and unobstructed from the ground upward.
YARD, FRONT: An open, unoccupied space, in the same lot with a building, between the front line of the main building and the street line and extending for the full width of the lot.
YARD, REAR: A yard extending across the full width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest point of the rear lot line. On lots that are not rectangular in shape, the required minimum rear yard may be an average of the distances measured from the rear corners of the main building directly to the rear lot line.
YARD, SIDE: An open, unoccupied space, except as otherwise provided in this title, on the same lot with the building, between the side line of the building and the side lot line, and extending from the front yard to the rear yard; or the shortest distance across said space from the main building to the side lot line.
YOUTH HOME: A twenty four (24) hour group living environment for three (3) to five (5) persons under the age of eighteen (18), unrelated to an owner or operator that offers room, board or specialized services to residents. "Youth home" may include facilities for the following: resource family home, child placement or residential support as defined in Utah Code Annotated title 62A. "Youth home" shall not include facilities for the following: secure treatment, inpatient treatment, residential treatment, adult daycare, day treatment, comprehensive mental health treatment youth program, comprehensive substance abuse treatment or domestic violence treatment as defined in Utah Code Annotated title 62A.
YOUTH PROGRAM: A. A nonresidential program, designed to provide behavioral, substance abuse or mental health services to minors that:
1. Serves either adjudicated or nonadjudicated youth;
2. Charges a fee for its services;
3. May or may not provide host homes or other arrangements for overnight accommodation of the youth;
4. May or may not provide all or part of its services in the outdoors;
5. May or may not limit or censor access to parents or guardians; and
6. Prohibits or restricts a minor's ability to leave the program at any time of his own free will.
B. "Youth program" does not include recreational programs, such as Boy Scouts, Girl Scouts, 4-H and other such organizations.
ZONING MAP: A map, also known as a land use map, adopted as part of a land use ordinance that depicts land use zones, overlays or districts. (Ord. 04-2017, 4-6-2017)