The following definitions shall be used in the interpretation and construction of this chapter:
A. Words used in the present tense include the future; singular in number shall include the plural and the plural the singular.
B. The word "building" shall include the word structure.
C. The word "use" or "occupied" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used or occupied.
D. The word "shall" is mandatory and not directive, and the word "may" is permissive.
E. The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
ALLEY: A public accessway, less than sixteen feet (16') wide, which is designed to give access to lots of abutting properties. An "alley" shall not be considered a street for the purpose of this chapter.
BLOCK: The land surrounded by streets or other rights of way other than an alley, or land which is designated as a block on any approved and recorded subdivision plat.
CUL-DE-SAC: A street designed to remain permanently closed at one end, with the closed end terminating in a vehicular turnaround.
DWELLING UNIT: Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, not more than one family, and excluding tent, camper, travel trailer, fifth wheel, hotel, motel or nursing home.
EASEMENT: That portion of a lot or lots reserved for present or future use by a person or agency other than the legal owners of said property. An "easement" may be for use under, on, or above said lot or lots.
LOT: A discrete parcel of land described and placed on record, either by recordation of a subdivision plat or by deed, in accordance with the provisions of this title.
LOT, CORNER: A lot abutting on two (2) or more streets at their intersection.
LOT, FLAG: A lot which does not abut a public right of way, but which has a right of access to a public right of way from a private road or driveway (the lot right of way).
LOT PLAN: A map of a lot, drawn to scale, showing its actual measurements, the size and location of existing buildings and buildings to be erected, the location of the lot in relation to abutting streets, natural features such as water bodies and topographic features, and such other information as may be required by the planning commission.
LOT, RESTRICTED: A lot having an average slope of twenty five percent (25%) or more. In order to qualify as a legal subdivision lot, the lot must contain a natural, ungraded buildable area, a minimum of seven thousand five hundred (7,500) square feet in area, with an average slope of less than twenty five percent (25%). The buildable area of restricted lots must be shown on the subdivision plat. All structures on a restricted lot must be located within the buildable area. No removal of vegetation or soil grading or other surface disturbing activities will be allowed outside the designated buildable area, except for that necessary for the construction of driveways and installation of utilities.
LOT RIGHT OF WAY: A documented right of way over a strip of land not less than twenty eight feet (28') in width connecting a lot to a public street for use as access to the lot.
OPEN SPACE: An area reserved for parks, greenbelts, paths, trails, natural areas, courts, playgrounds, golf courses, playing fields, underground utilities, and other similar uses which may be approved by the planning commission and county commissioners.
PEDESTRIANWAY: A right of way designed for pedestrian use and not allowed for use by motor vehicles of any kind.
PERFORMANCE BOND: Surety in the form of cash, a letter of credit, commercial bond or other form approved by the county attorney held by Millard County to assure that required improvements in a subdivision will be completed as approved in the event a developer defaults in his obligation to install required improvements.
PLANNED UNIT DEVELOPMENT (PUD): Land under unified control, planned and developed as a whole, in a single development operation or a definitely programmed series of development operations, for uses compatible with the character of the zone district in which it is located. A "PUD" will include a program for the provision, operation and maintenance of areas, improvements, facilities, and services as will be for common use by some or all of the occupants of the "PUD", but which will not be provided, operated or maintained at general public expense.
PLANNING AND ZONING ADMINISTRATOR: The county official, or his duly authorized representative, charged with the administration and enforcement of this title.
PLAT, FINAL: A drawing to scale depicting the features of a subdivision, resubdivision, or lot split showing the contour of the land; all lots and blocks numbered consecutively; streets, utilities and all other required on site improvements; the certification of a registered land surveyor; signature blocks for the county attorney, county engineer, planning commission, and county commissioners; which meets the final plat requirements of this title and which is ready for recordation with the county recorder.
PLAT, PRELIMINARY: A drawing to scale depicting the features of a proposed subdivision, resubdivision or lot split which meets the preliminary plat requirements of this title.
REQUIRED IMPROVEMENTS: Facilities or utilities required to be installed or constructed in subdivision as a condition of subdivision approval. These improvements may include, but are not limited to: streets and roads; water systems; sewer system; fire hydrants; drainage system; lighting; curb, gutter, and sidewalks; and such other improvements as may be required by this title.
RESUBDIVISION: The division or partition of any lot, block or other land within an approved and recorded subdivision plat, or within an area that has been approved by the county for subdivision without recordation of a plat.
SERVICE DISTRICT: A special district established in the manner provided by Utah Code Annotated title 17A, under article XIV, section 8 of the constitution of the state of Utah.
SKETCH PLAN: A generalized layout of a proposed subdivision with accompanying general description of the features of the subdivision and relating the proposed subdivision to its geographic area; topography and natural features; streets and roads; public and private utilities; other facilities and services; and to any special physical conditions which may exist in that area.
STREET, COLLECTOR: A street, existing or proposed, of considerable continuity which is the main means of access to the major street system.
STREET, FRONTAGE (Also FRONTAGE ROAD): A minor street, parallel and adjacent to a limited access major street, which provides access to abutting properties from, and protection from the through traffic on, the major street.
STREET, MAJOR: A street, existing or proposed, which serves or is intended to serve primarily through traffic, and is designated on the master plan as a controlled access highway, major street, parkway, or other equivalent term.
STREET, MINOR: A street, existing or proposed, which is supplementary to a collector street and of limited continuity, which serves or is intended to serve the local needs of the neighborhood and provides primary access to abutting properties.
STREET, PUBLIC: A public thoroughfare which has been dedicated or abandoned to the public and accepted by proper public authority, or a thoroughfare not less than twenty eight feet (28') wide which has been accepted by the public and which affords the principal access to abutting property.
STREET RIGHT OF WAY: The land dedicated to public use for streets, shoulders, curbs, gutters, sidewalks, park strips, and related uses, including utilities.
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 the division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat or other recorded instrument.
C. "Subdivision" does not include:
1. A bona fide division or partition of agricultural land for agricultural purposes;
2. A recorded agreement between owners of adjoining properties adjusting their mutual boundary if:
a. No new lot is created; and
b. The adjustment does not result in a violation of applicable zoning ordinances;
3. A recorded document, executed by the owner of record, revising the legal description of more than one contiguous parcel of property into one legal description encompassing all such parcels of property; or
4. A bona fide division or partition of land in a county other than a first class county for the purpose of siting, on one or more of the resulting separate parcels:
a. An unmanned facility appurtenant to a pipeline owned or operated by a gas corporation, interstate pipeline company, or intrastate pipeline company; or
b. An unmanned telecommunications, microwave, fiber optic, electrical, or other utility service regeneration, transformation, retransmission, or amplification facility.
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 subsection A of this definition as to the unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision ordinance.
SUBDIVISION, NONPLAT (MINISUBDIVISION) 1 : The subdivision of land into nine (9) or fewer parcels by recordation of a document that divides the property by metes and bounds description, and which meets all the requirements of this title.
SUBDIVISION, RECREATIONAL: A subdivision of land for residential purposes where, because of the temporary occupancy, topography, natural vegetation, and other natural features, the standards for roads, utilities and other improvements may differ from those for residential areas occupied year round. (Ord. 01-08-27A, 8-27-2001, eff. 10-8-2001; amd. 2005 Code)
Notes
| 1 | 1. See also chapter 3 of this title. |