For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word “building” shall include the word “structure;” the words “used” or “occupied” shall include “arranged,” “designed,” “constructed,” “altered,” “converted,” “rented,” “leased” or “intended to be used or occupied;” the word “shall” is mandatory and not directory, and the word “may” is permissive; the word “person” includes a “firm,” “association,” “organization,” “partnership,” “trust,” “company or corporation,” as well as an “individual;” the word “lot” includes the words “plot” or “parcel.” Words used in this chapter but not defined herein shall have the meaning as defined in any other ordinance adopted by the county; or, shall be defined by their plain meaning as generally recognized.
ACCESSORY BUILDING. A detached building located on a lot or parcel which is incidental to the main allowed use on the lot or parcel.
ACCESSORY DWELLING UNIT. A habitable living unit added to, created within or detached from a primary single-family dwelling and contained on one lot.
ACCESSORY USE. A use of land or structure, or portion thereof, customarily incidental and subordinate to the principal use of the land or structure and located on the same lot or parcel with the principal use.
ACTIVE SOLAR SYSTEM. A system of equipment capable of collecting and converting incident solar radiation into heat, mechanical or electrical energy, and transferring these forms of energy by a separate apparatus to storage or to the point of use. It includes water heating, space heating or cooling, electric energy generating or mechanical energy generating, and the architectural and engineering design or system necessary to balance or optimize active components.
AGRIBUSINESS.
(1) Any individual, partnership, corporation or organization primarily supplying services or goods (such as equipment, feeds or supplies) to producers, or marketable agricultural products, including nurseries, farm cooperatives and the like. This includes activities that involve processing and packaging of farm goods. This also includes uses that involve activities, processes and/or buildings that are subject to taxation and/or state regulation.
(2) The intent of the AGRIBUSINESS definition is not to limit agricultural uses or activities in the county. Rather, it serves to offer alternative ways of allowing agricultural-related uses and activities in a manner that promotes agriculture in the county. AGRIBUSINESS use designations are to be used to help enhance agricultural activities in the county, and as such may act as a buffer between agricultural activities and other land use designations and activities.
AGRICULTURAL AREA. For purposes of § 155.425 of this code, land devoted to the raising of livestock with a reasonable expectation of profit.
AGRICULTURAL FENCE. A fence that complies with the standards set for in the USDA NRCS Woven or Barbed Wire Conservation Practice Job Sheets or USDA NRCS wildlife fence recommendations in wildlife migration corridors or critical wildlife habitat.
AGRICULTURAL INDUSTRY (AGRICULTURAL BUSINESS). Includes, but is not limited to, animal feed yards, the raising of furbearing animals, commercial poultry or egg production, commercial greenhouses and similar uses as determined by the Planning Commission.
AGRICULTURE. The production of food through: The tilling of the soil; the raising of crops; breeding and raising of domestic animals and fowl, except household pets; and not including any agricultural industry or business.
AIRPORT. All AIRPORT definitions and regulations will be found in the airport ordinance adopted by the county, Chapter 154 of this code, except as AIRPORTS are governed under the general use regulations of this chapter.
ALLEY. A public or private thoroughfare less than 26 feet wide for the use of pedestrians and vehicles providing a secondary means of access to the rear of abutting properties. An ALLEY shall not be considered a street or frontage for lots for the purpose of this chapter.
AMUSEMENT PARK. Any place of organized amusement activity not conducted wholly within a completely enclosed building, whether a commercial or nonprofit enterprise, except temporary celebrations sanctioned by the governing body by a special permit.
ANIMAL CLINIC (ANIMAL HOSPITAL). Any building or portion thereof designed or used for the care or treatment of animals or fowl, and/or in which veterinary service is provided or is available.
APPEAL AUTHORITY. The 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 land proposed for any land use application or such owner’s duly authorized agent. Any agent must have written authorization from the owner.
APPURTENANCES. Appendages and incidental details on buildings are building projections, coverings for mechanical equipment and the like.
ARCHITECTURAL PROJECTION. Any building or structural projection which is not intended for occupancy, and which extends beyond the face of an exterior wall of a building or structure, but not including signs.
AUTOMATIC CAR WASH. A facility for automatic or self-service washing and cleaning of automobiles and small trucks not exceeding one and one-half tons’ capacity.
AUTOMATIC TRUCK WASH. A facility for automatic self-service washing or cleaning of trucks exceeding one and one-half tons’ capacity.
AUTOMOBILE PAINT SHOP. A facility for painting of automobiles, trucks, trailers, boats or other travel or recreation vehicles or units.
AUTOMOBILE SELF-SERVICE STATION.
(1) A place where gasoline or any other motor fuel for operating motor vehicles is offered for sale and is dispensed to the vehicle by the purchaser.
(2) The SELF-SERVICE STATION may be independent or in conjunction with a retail store.
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 and tune up of automobiles, but not including major auto repair.
AUTOMOTIVE BODY AND FENDER SHOP. A facility for major automobile, truck, mobile home, recreational coach or recreational vehicle repairs to body, frame or fenders, and including rebuilding.
AUTOMOTIVE SALES AREA. An open area used for display, sale or rental of new or used motor vehicles, mobile homes, recreational coaches or recreational vehicles in operable condition.
AUTOMOTIVE SALVAGE YARD (AUTOMOBILE WRECKING OR PROCESSING YARD). A lot, or portion thereof, used for the storage, dismantling, demolition or abandonment of automobiles, other vehicles, other machinery or parts thereof.
AVERAGE PERCENT OF SLOPE. An expression of rise or fall in elevation along a line perpendicular to the contours of the land. For example, a vertical rise of 100 feet between two points 100 feet apart, measured on a horizontal plane is 100% slope.
BASEMENT. Any floor level below the first story in a building, as defined in the Building Code. Its floor level is more than four feet below grade for more than 50% of the total perimeter of the building or is more than eight feet below grade at any point.
BASEMENT, WALKOUT OR DAYLIGHT. A basement that has direct exiting through a door to the exterior of the building at grade (not a recessed landing, patio or stairwell).
BED AND BREAKFAST FACILITY.
(1) A residential facility that is owner occupied consisting of one or two structures on a lot, including the owners’ residence, and contains guest sleeping rooms; and
(2) The lot must have frontage on a major street as shown on the county’s General Plan (state highway or county major street).
(a) Two parking spaces shall be provided for the host family, plus one for each guest sleeping room.
(b) The site shall be landscaped to provide a visual and noise buffer to adjacent property. Hard-surfaced areas shall be located so as to provide ease of entry and exit and considering visual impact to adjoining property.
(c) Meals may be served to registered overnight guests only.
(d) Signs are limited to one nameplate or one identification sign of not more than 16 square feet in area or as per conditional use permit.
(e) A business license must be obtained.
BEGINNING OF CONSTRUCTION. The excavation or recontouring of the site.
BIKE PATH (BIKE TRAIL, BIKE LANE). A right-of-way designed and constructed for use by bicycles and not intended for use by pedestrians or motor vehicles of any kind. A BIKE PATH may be located within or without a street right-of-way, at grade or at grade separated from vehicular traffic. BIKE LANES may also be included as a part of a street.
BILLBOARD. A freestanding ground sign located on industrial, commercial or residential property if the sign is designed or intended to direct attention to a business, product or service that is not sold, offered or existing on the property where the sign is located.
BLOCK. Land surrounded by streets or other rights-of-way, other than an alley, or land which is designated as a BLOCK on any recorded subdivision plat.
BUILDABLE AREA. The portion of a lot which, in its natural state, has an average percent of slope less than 25%, with a contiguous building area of at least 5,000 square feet, and which is free of other building constraints which are identified by this chapter. Areas over 25% slope shall not be included within any BUILDABLE AREA or building envelope.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING, HEIGHT OF. The vertical distance from the average natural grade surface at the foundation, to the highest point of the building roof or coping.
BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of the adopted Building Code, or a duly authorized representative.
CAMP. An establishment used to provide indoor and outdoor activities, including, but not limited to, sports, arts, crafts, entertainment, recreation, educational activities, swimming, fishing, horseback riding and incidental food service. When incidental to the CAMP use, CAMP facilities may be used to provide meeting, recreation or social facilities for a private association or group.
CAMPING. A temporary establishment of living facilities such as tents or recreational coaches as regulated by this chapter.
CAPITAL PROJECT. An organized undertaking which provides, or is intended to provide, the county with a capital asset. “Capital asset” is defined according to generally accepted accounting principles.
CARPORT. A private parking area not completely enclosed by walls or a floor above. For the purposes of this chapter, a CARPORT shall be subject to all the zoning regulations prescribed for a private garage.
CELLAR. A room or rooms having more than 50% of the floor to ceiling height under the average level of the adjoining ground.
CEMETERY. A place where dead bodies and cremated remains are buried. It is a locale set aside, either by governmental authority or private enterprise. A PUBLIC CEMETERY is open for use by the community at large while a PRIVATE CEMETERY is used only by a small segment of a community or by a family.
CEMETERY, PRIVATE. One used only by a family or a small portion of the community up to ten plots.
CEMETERY, PUBLIC. One used by the general community, a neighborhood or a church.
CHIEF EXECUTIVE OFFICER. The County Commission, or if the county has adopted an alternative form of government, the official who exercises the executive powers.
CHILD DAYCARE CENTER. An establishment for the care and/or the instruction of five or more children, for compensation, other than for members of the family residing on the premises, but not including a public school.
CHURCH. A building, together with its accessory buildings and uses, maintained and controlled by a duly recognized religious organization where persons regularly assemble for worship and religious instruction.
CLINIC, DENTAL OR MEDICAL. A building in which a group of dentists, physicians and/or allied professionals in the healing arts are associated for the conduct of their professions. The CLINIC may include a dental and/or medical laboratory and an apothecary, but it shall not include inpatient care or operating rooms for major surgery.
CLUB, PRIVATE. A social, recreational or athletic club or similar association or corporation, incorporated under the provisions of the Utah Revised Nonprofit Corporation Act, being UCA § 16-6a-101, for the above stated purposes, which maintains or intends to maintain premises upon which alcoholic beverages are or will be stored, consumed or sold, and which for that reason is required to be licensed by the state.
COMMERCIAL RECREATION USE. A recreational use of lands or activity on lands for business or financial gain.
COMPATIBLE WITH RESIDENTIAL. Compatibility will be measured by whether or not the proposed development adversely impacts the quality of life in the area. Property values must be sustained or enhanced as opposed to diminishing values; the effects of ultimate traffic on streets will be considered rather than complaints that a new development will increase unwanted traffic; improvements in the infrastructure will be considered as to how and who pays for them; positive contributions to the financing of needed improvements will be weighed against the assessment on existing residential developments; proximity of possible impacts will be evaluated and nondirectly impacted citizens will be considered in the group of the general citizenry. Also considered will be relief from the monotonous, somewhat uniform subdividing of the countryside, which will be considered a positive factor if it provides an aesthetic relief.
CONCEPT PLAN. A sketch or concept drawing plus other basic requirements prior to the preliminary plat for subdivisions to enable the subdivider to reach general agreement with the county as to the form of the plan and the objectives of these regulations and to receive guidance as to the requirements for subdivisions within the county. Acceptance of a CONCEPT PLAN does not constitute final approval or vesting for any subdivision proposal.
CONDITIONAL USE. A land use that, because of the unique characteristics or potential impact of the land use on the county, 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.
CONDITIONAL USE DEVELOPMENT. A development or land use application which requires a conditional use permit, pursuant to this chapter.
CONDOMINIUM. A property conforming to the definition set forth in UCA §§ 57-8-1 et seq., as amended. A CONDOMINIUM is also a “subdivision” subject to this chapter and the Condominium Ownership Act of the state.
CORRAL. A space, other than a building, less than one acre in area or less than 100 feet in width, used for the confinement of animals or fowl.
COUNTY. The unincorporated land within Morgan County. COUNTY may also refer to the County Commission or other county land use authority.
COUNTY COMMISSION. The elected governing body of the county.
COUNTY DESIGN AND CONSTRUCTION STANDARDS. Those standards and specifications approved by the county to ensure the proper design, construction, installation and public safety of infrastructure improvements and public facilities. Standards may include generally accepted survey, engineering and public works requirements, which are essentially linked and roughly proportional to the developments impact, as administered by the County Engineer and County Surveyor.
COUNTY FAIRGROUNDS USES. Those uses of land undertaken on the property commonly referred to as the county fairgrounds, and which are undertaken solely on property owned by the county or an authorized user or approved lessee of the county. COUNTY FAIRGROUNDS USES shall be undertaken in accordance with § 155.344 of this code and may include temporary and permanent uses and special events.
CROSSWALK or WALKWAY. A right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind. A CROSSWALK or WALKWAY or pedestrianway may be located within or without a street right-of-way, at grade, or grade separated from vehicular traffic.
CUL-DE-SAC STREET. A minor terminal street provided with a turnaround of a minimum radius as specified by adopted construction and Fire Code standards.
CULINARY WATER FACILITIES. Water supply lines, pumps, springs, wells and/or any other physical facilities necessary to provide a supply of culinary water to a use in sufficient quantity and of approved quality to meet the applicable standards.
CUSTOMER. A lot owner or other consumer of water through a culinary water distribution system operated by a water supplier.
DAIRY. A commercial establishment for the manufacture, processing or packaging of dairy products and their sale. For the purposes of this definition, the production of milk on a farm for wholesale marketing off the premises shall not classify the farm as a DAIRY.
DENSITY. A measure of the number of dwelling units per acre of area. It shall be expressed dwelling units per acre (DU/acre). Unbuildable land (as defined by the Planning Commission) is land with a slope greater than 25%, subject to inundation or other geological hazards. Land classified unbuildable for any reason (slope, wetland, seismic easement, landslide area and the like) does not qualify for DENSITY in density calculations. Except as otherwise provided in this chapter, the maximum DENSITY permitted for a site is the net developable area (in acres) times the density factor derived from the required lot area for each dwelling unit in the zone.
DEVELOPER. The owner or authorized agent of land proposed to be subdivided or developed who is responsible for any undertaking that requires review and/or approval of a subdivision plat, and who proposes to take water through a culinary water distribution system operated by a water supplier.
DEVELOPMENT AGREEMENT. A written agreement or amendment to a written agreement between a county and one or more parties that regulates or controls the use or development of a specific area of land. DEVELOPMENT AGREEMENT does not include an improvement completion assurance.
DEVELOPMENT (LAND). The conversion or alteration of use or physical characteristics of land; placing improvements on the land; or putting land to intensive use such as a subdivision, mobile home park, recreational vehicle park, shopping center, industrial park, excavation and the like.
DISTRICT (ZONE OR ZONING DISTRICT). A portion of the territory of the county established as a ZONING DISTRICT by this chapter, within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.
DRIVEWAY.
(1) A private roadway, including its width, paving and drainage to the right-of-way line and stacking area, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel on which the driveway is located.
(2) All driveways of new residences where construction has commenced after January 9, 1996, and where the residences front on roads designated as major collector roads by the County Commission, shall be designed in such a manner as to require vehicles, resident or nonresident, to enter traffic moving forward. (No backing onto a major collector road.)
DUDE RANCH. A ranch-type resort destination that offers overnight accommodations for people to experience ranch work and lifestyle. These ranches may have agricultural production as a portion of their revenue, but their main function is a tourist destination.
DWELLING. Any noncommercial building, or portion thereof, designed or used as the principal residence or sleeping place of one or more persons or families, but not including a tent, a recreational coach, hotel, motel, hospital or nursing home.
DWELLING, FOUR-FAMILY (FOURPLEX). A building containing only four dwelling units.
DWELLING, MULTIPLE-FAMILY. A building containing more than one dwelling unit (DU).
DWELLING, SINGLE-FAMILY. A building containing only one dwelling unit.
DWELLING, THREE-FAMILY (TRIPLEX). A building containing only three dwelling units.
DWELLING, TWO-FAMILY (DUPLEX). A building containing only two dwelling units.
DWELLING UNIT (DU). A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EASEMENT. A present or future right of use under, on or above the surface of property by a person or agency other than the legal owner of the property.
ELDERLY PERSON. A person who is 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.
ENVIRONMENTAL IMPACT ASSESSMENT.
(1) A report which describes, by means of written narrative as well as maps, a geographical area in terms of existing:
(a) Slope;
(b) Soils;
(c) Watercourses;
(d) Water table;
(e) Flood hazard areas;
(f) Geologic hazards;
(g) Vegetative types;
(h) Wildlife, wildlife habitat; and
(i) Essential urban services presently available.
(2) The report includes a tabulation of proposed population density and the numbers and types of proposed dwellings and other buildings and spaces to be occupied at full development.
(3) The report further describes by means of written narrative, as well as maps, the impact of the proposed development on the following specific subject areas once the anticipated population density is achieved within the area to be developed:
(a) Watercourses and flood hazards;
(b) Natural vegetation;
(c) Wildlife;
(d) Erosion;
(e) Topsoil loss;
(f) Sedimentation of watercourses and reservoirs;
(g) Slope stability;
(h) Dust;
(i) Fire potential;
(j) Accumulation of solid or liquid wastes; and
(k) The need and desire for urban services.
(4) The report also evaluates the potential area wide economic impact of the development on both private and public economic sectors and the potential impact on school, public utility and transportation systems.
(5) Finally, the report recommends measures which, if undertaken, will mitigate or obviate the adverse impacts resulting from construction of the proposed development, and discusses the benefits to be gained from such development, and what adverse impacts cannot be avoided and the extent of their detrimental influence.
EXCAVATION. Any disruption of the soil mantle and/or human-made surfacing of the same. EXCAVATIONS may be either in the nature of a process or a use. EXCAVATIONS undertaken for the purpose of preparing a site for an ultimate land use or for repairing or constructing urban service facilities are processes that are authorized by the building permit for which they are preparing. EXCAVATIONS such as gravel pits, quarries or mines are uses which require specific use authorization in the zoning district where located and require a conditional permit.
FAMILY. Any of the following who occupy a dwelling unit:
(1) One person living alone;
(2) Two or more persons related by blood, marriage or adoption, and foster children living together as a single housekeeping unit; and up to two other persons hired for compensation such as nannies, servants, gardeners, custodians or security guards residing on the same premises where the housekeeping unit is located;
(3) Up to five unrelated individuals living together as a single housekeeping unit; or
(4) A group of persons with a disability living in a residential facility for persons with a disability as permitted by this chapter.
FAMILY FOOD PRODUCTION. The keeping of animals and fowl on the premises intended for family use on all single-family residential lots outlined in § 155.354(A).
FARM ANIMALS. The keeping of animals and fowl commonly used for food or fiber production or as a beast of burden, for commercial purposes or for pleasure. The regulations for FARM ANIMAL density allowed in various zones is contained in § 155.354.
FEE SCHEDULE. The schedule or any appendix of fees adopted periodically by resolution of the County Commission setting forth various fees charged by the county.
FEED YARD. An agricultural industry in which animals or fowl are kept and intensively fed in a relatively restricted area, as contrasted with open pasturage.
FINAL PLAT. The final drawing of a subdivision and dedication prepared for filing with the County Recorder which complies with applicable requirements set forth in this chapter and other titles of this code and provisions adopted pursuant thereto. Such plat shall also be in conformity with UCA §§ 17-27a-603 et seq., as amended.
FIREFIGHTING FACILITIES. Such water supply, water lines, fire hydrants and other protective devices as may be required in accordance with the provisions of this chapter or other applicable standards.
FLOOD HAZARD. A hazard to land or improvements due to inundation or overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings or erode the banks of watercourses.
FLOOD, 100-YEAR. A flood having a 1% chance of being equaled or exceeded in any given year.
FLOOD, 10-YEAR. A flood having a 10% chance of being equaled or exceeded in any given year.
FLOODPLAIN, 100-YEAR. The area adjacent to a drainage channel which may be inundated by a 100-year flood as designated on the most recent flood insurance rate map prepared by the Federal Emergency Management Agency.
FLOODPLAIN SOILS. Areas subject to periodic flooding and listed in the soil survey prepared by the national conservation service which encompasses the county as being on the floodplain or subject to flooding.
FLOODWAY. An area designated by FEMA as subject to periodic inundation.
FOOD PROCESSING. The processing of milk, other dairy products, meat or field crops or any other grown food, the bottling, canning or packaging of agricultural products.
FRONTAGE. The length, in feet, of the front lot or parcel line which is coterminous with the front street line.
FRONTAGE, LOT. See definition of FRONTAGE.
GARAGE, PRIVATE. An accessory building designed and/or used for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory; provided, that a garage shall be considered part of the dwelling if the garage and dwelling have a roof or wall in common.
GARAGE, PUBLIC. A building, or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling, leasing, renting or storing motor vehicles.
GENERAL OFFICE SPACE. A building, or portion thereof, used for administrative, clerical, computer or professional activities which do not require the land area/floor space associated with retail or industrial uses.
GENERAL PLAN. A document that a county adopts that sets forth general guidelines for proposed future development of:
(1) The unincorporated land within the county; or
(2) For a Mountainous Planning District, the land within the Mountainous Planning District.
GEOLOGIC HAZARD.
(1) A surface fault rupture;
(2) Shallow groundwater;
(3) Liquefaction;
(4) A landslide;
(5) A debris flow;
(6) Unstable soil;
(7) A rock fall; or
(8) Any other geologic condition that presents a risk:
(a) To life;
(b) Of substantial loss of real property; or
(c) Of substantial damage to real property.
GOVERNING BODY. The legislative body of the county.
GRADING. Either an excavation or fill, or the act of excavating or filling.
GROUP HOMES. A home for certain handicapped or elderly persons as defined by state law as being permitted in residential areas of the county by conditional use permit. (See definitions of ELDERLY PERSON and HANDICAPPED PERSON.)
HANDICAPPED 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, that is likely to continue indefinitely and that results in a substantial functional limitation in three or more of the following areas of major life activity:
(1) Self-care;
(2) Receptive and expressive language;
(3) Learning;
(4) Mobility;
(5) Self-direction;
(6) Capacity for independent living;
(7) Economic self-sufficiency; and
(8) 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.
HELI-SKIING. A commercial recreational use providing for off trail, downhill skiing or snowboarding that is accessed by a helicopter, as opposed to a ski lift. HELI-SKIING is considered to have little or no impact on public health, safety and general welfare; therefore, is permitted as a use and/or activity for seasonal recreation activities in a specific zone as opposed to a specific parcel of property.
HILLSIDE AREA. Any property with a slope of 25% or greater. HILLSIDE AREAS are not considered buildable and may not be included within a building envelope.
HOMEOWNERS’ ASSOCIATION. A community association which is organized within a development in which individual owners share common interests and responsibilities for open space, landscaping, roads, infrastructure or facilities.
HOSPITAL. An institution providing health services, primarily for inpatients, and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices.
HOTEL. A building designed for or occupied as the more or less temporary abiding place of 16 or more individuals who are lodged for compensation, with or without meals.
HOUSEHOLD PETS. Animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats and other common household pets, but not any animals which are likely to inflict harm or endanger the health, safety or welfare of any person or property. This definition shall not include a sufficient number of dogs or cats as to constitute a “kennel,” as defined in this section.
IMPACT FEE. A payment of money imposed under the Impact Fees Act, UCA § 11-36a.
IMPERVIOUS SURFACE. Those surfaces that do not absorb precipitation (water) and thus cause ponding and/or runoff. All buildings, parking areas, driveways, roads, sidewalks and any areas in concrete and asphalt, shall be considered IMPERVIOUS SURFACES within this definition. In addition, other areas determined by the County Engineer to be impervious within the meaning of this definition will also be classed as IMPERVIOUS SURFACES.
IMPERVIOUS SURFACE RATIO. A measure of the intensity of land use. It is determined by dividing the total area of all impervious surfaces within the site by the base site area.
IMPOUND/SECURITY LOT. A security lot fenced, with or without a guard dog, and illuminated, where police or privately impounded vehicles may be kept for legal evidence or other purposes, or while awaiting repairs. Normally where damaged vehicles are taken after an accident.
IMPROVEMENT COMPLETION ASSURANCE. A surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien or other equivalent security required by a county to guaranty the proper completion of landscaping, or an infrastructure improvement required as a condition precedent to:
(1) Recording a subdivision plat; or
(2) Development of a commercial, industrial, mixed-use or multi-family project.
IMPROVEMENT WARRANTY. An applicant’s unconditional warranty that the applicant’s installed and accepted landscaping or infrastructure improvement:
(1) Complies with the county’s written standards for design, materials and workmanship; and
(2) Will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period.
IMPROVEMENTS. Work, objects, devices, facilities or utilities required to be constructed or installed in a land development. Such IMPROVEMENTS may include, but are not limited to, street or private lane construction to required standards, water facilities, sewer facilities, sidewalks, curbs and gutters, drainage facilities, street trees, street signs, streetlights, traffic control or safety devices, fire hydrants and such other facilities or construction required by this chapter, subdivision regulations or by the Planning Commission and/or governing body for the necessary proper development of the proposed land development.
INTEGRATED DEVELOPMENT PLAN. Comprehensive management for best assurance of maintaining standards and conditions of approval is the intent in the administration of a conditional use permit. Therefore, every assurance will be required to maximize the meeting of the community’s performance standards and minimize the problems of their enforcement through approved comprehensive management plans which have been prepared by the applicant and approved by the governing body. Single responsible management is felt crucial to consistent care and observance of binding regulations in assuring compatibility with the surrounding area of certain developments negotiated with the community. Agreed upon penalties for violations of the management plan are considered an important integral part of enforcement.
INTERNAL LOT RESTRICTION. A platted note, platted demarcation or platted designation that: Runs with the land; creates a restriction that is enclosed within the perimeter of a lot described on the plat; or designates a development condition that is enclosed within the perimeter of a lot described on the plat.
JUNK. Old scrap copper, brass, rope, rags, batteries, paper trash, rubber debris or other waste or salvage materials; dismantled, junked or wrecked automobiles or parts thereof; and old or scrap ferrous or nonferrous metal materials.
JUNKYARD. The 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 material, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof; provided, that this definition shall be deemed not to include such uses which are clearly accessory and incidental to any agricultural use permitted in the district.
KENNEL. Any premises where three or more dogs, or five or more cats, older than four months, are kept for the purpose of boarding, keeping, breeding, buying, grooming, holding for adoption, letting for hire, training for profit or selling.
LAND, AGRICULTURAL. Land used for bona fide agricultural purposes, or which is projected for agricultural use by the General Plan or this chapter, as adopted by the county, but not including legally existing nonconforming uses located in areas so projected.
LAND, COMMERCIAL. Land used for bona fide commercial purposes, or which is projected for commercial use by the General Plan or this chapter, as adopted by the county, except legally existing nonconforming uses in areas designated commercial in this chapter.
LAND DEVELOPMENT STANDARDS (PUBLIC WORKS CONSTRUCTION STANDARDS). Adopted construction standards, including, but not limited to, drawings, tables, charts and references which have been adopted by the governing body by resolution and which set standards for the construction of improvements to land, and which regulate said construction of improvements to land.
LAND, INDUSTRIAL. Land used for bona fide industrial purposes, or which is projected for industrial use by the General Plan or this chapter, as adopted by the county, except legally existing nonconforming uses in areas designated industrial in this chapter.
LAND USE APPLICANT. A property owner, or the property owner’s designee, who submits a land use application regarding the property owner’s land.
LAND USE APPLICATION.
(1) An application that is:
(a) Required by a county; and
(b) Submitted by a land use applicant to obtain a land use decision.
(2) The term does not mean an application to enact, amend or repeal a land use.
LAND USE AUTHORITY.
(1) A person, board, commission, agency or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
(2) If the local legislative body has not designated a person, board, commission, agency or body, the local legislative body.
LAND USE DECISION. An administrative decision of a land use authority or appeal authority regarding:
(1) A land use permit;
(2) A land use application; or
(3) The enforcement of a land use regulation, land use permit or development agreement.
LAND USE INTENSITY. The degree to which land is used by humans, ranging from no use to unremitting, continual and concentrated use of the land. LAND USE INTENSITY is normally measured by:
(1) Type of use (i.e., agricultural, residential, commercial or industrial);
(2) Period of use in average hours per day;
(3) Numbers of humans, associated animals and machines which occupy the land during the average hours of use; and
(4) The percent of the land covered by human-made structures.
LAND USE PERMIT. A permit issued by a land use authority.
LAND USE REGULATION.
(1) A legislative decision enacted by ordinance, law, code, map, resolution, specification, fee or rule that governs the use or development of land;
(2) Includes the adoption or amendment of a zoning map or the text of the zoning code; and
(3) Does not include:
(a) A land use decision of the legislative body acting as the land use authority, even if the decision is expressed in a resolution or ordinance; or
(b) A temporary revision to an engineering specification that does not materially:
1. Increase a land use applicant’s cost of development compared to the existing specification; or
2. Impact a land use applicant’s use of land.
LEGISLATIVE BODY. The County Commission.
LETTER OF INTENT. Letter from the service provider stating that it plans to serve the property. It is not a commitment. The service provider can provide conditions of service such as whether there is sufficient utility capacity, the required infrastructure to safely and effectively deliver the utility, timely payment of fees and connection charges and requirements pertaining to those that must be completed before the final plat is approved.
LIGHT MANUFACTURING. Only those processes which clearly do not threaten the natural environment with any more pollution than that normally experienced in the neighborhood or immediate vicinity may be considered light manufacturing and permitted in an area. Uses such as electronics, nontoxic welding or soldering of small items, assemblage of relatively small portable devices, highly controlled testing and small area accessory warehouse or storage facilities to accommodate the in-house manufactured items with their associated stocks of supplies are allowed.
LIVESTOCK. For purposes of § 155.425 of this code, the term LIVESTOCK includes cattle, sheep, goats, swine, horses, mules, donkeys, poultry and any other domestic animal or domestic fur bearer raised or kept for profit.
LOT. A tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the County Recorder.
LOT AREA. The area contained within the property lines of the individual parcels of land shown on a subdivision plat or required by this chapter, excluding any area within an existing or proposed public or private street right-of-way, any area required as open space under this chapter, or the area of a canal, waterway or ditch which is located within a lot or parcel.
LOT AREA PER DWELLING UNIT, AVERAGE. The average lot area for all dwelling units of a single type. Individual lots may be smaller or larger than the average; provided, that the average size is maintained and that all other standards of this chapter are met.
LOT, CORNER. A lot or parcel abutting two intersecting or intercepting streets where the interior angle of intersection or interception does not exceed 1,350 degrees. CORNER LOTS shall have two front yards and two side yards.
LOT DEPTH. The horizontal distance between the front and the rear lot lines measured in the main direction of the side lot lines.
LOT, DOUBLE FRONTAGE or DOUBLE FRONTAGE LOT. A lot or parcel abutting two parallel or approximately parallel streets.
LOT, FLAG. A lot or parcel located to the rear of another lot or parcel, the main body of which does not front on a street and is accessed by a narrow corridor. FLAG LOTS are not allowed in the county.
LOT HELD IN SEPARATE OWNERSHIP. All contiguous land held in one ownership at the time of the passage of this chapter, or at any time hereafter, whether or not such land has been or is described separately, has separate chains of title, is described on one or more than one property tax notice or is otherwise divided on paper.
LOT, INTERIOR. A lot other than a corner lot.
LOT, LEGAL NONCONFORMING. A lot which was legally created prior to the adoption of this
chapter.
LOT LINE ADJUSTMENT.
(1) A relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels in accordance with UCA § 17-27a-608, whether or not the lots are located in the same subdivision and with the consent of the owners of record.
(2) The term does not mean a new boundary line that:
(a) Creates an additional lot; or
(b) Constitutes a subdivision.
(3) The term does not include a boundary line adjustment made by the Department of Transportation.
LOT LINE, FRONT. For an interior lot, the lot line adjoining the street. For a corner lot or through lot, each lot line adjoining a street.
LOT LINE, REAR. Ordinarily, that line of a lot which is opposite and most distant from the front line of the lot. In the case of a triangular or gore shaped lot, a line ten feet in length within the parcel parallel to and at a maximum distance from the front lot line. In cases where this definition is ambiguous, the Zoning Administrator shall designate the REAR LOT LINE.
LOT LINE, SIDE. Any lot boundary line not a front or rear lot line. (This does not apply to any yard fronting on a street, which is by definition a “front yard line.”)
LOT LINES. The property lines bounding the lot.
LOT, RESTRICTED. A lot having an average slope of 15% or more; or a lot which does not contain at least 75 by 100 feet; or the minimum size of a lot permitted in the zoning district where located, with an average slope of less than 15%; or a lot which has vehicular ingress to the main building or structure which, upon completion of construction on the site, has a slope of 15% or greater; or a lot subject to geologic hazards.
LOT, UNRESTRICTED. A lot having an average slope of less than 15% and containing a buildable area of at least 75 by 100 feet, with an average slope of less than 15%, which buildable area is designated as such on the subdivision plat in which the lot is located, if the average slope of the lot is greater than 15%.
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.
MAIN USE OR BUILDING. The principal use which will occur on a lot or the principal structure to be used by the principal use on a lot, to which all other uses and structures are accessory.
MAJOR STREET PLAN. A map of the county which shows the existing and future public street system, and which has been officially adopted by the Planning Commission and governing body as the MAJOR STREET PLAN for the county.
MANUFACTURED HOME. A multisectional mobile home not exceeding two stories in height and manufactured after June 15, 1976, which is subject to and complies with the federal manufactured home construction and safety standards (42 U.S.C. § 5403), that when joined forms a residence for human occupancy that measures 20 by 40 feet or larger, and is designed to be installed on a permanent foundation system which can be a permanent foundation wall.
MARKET ANALYSIS. An economic analysis of the feasibility of a project.
MASTER TRAFFIC AND TRANSPORTATION PLAN. The portion of the General Plan which defines the future alignments of streets and their rights-of-way, including maps or reports or both, which have been approved by the Planning Commission and County Commission as provided in UCA §§ 17-27a-403 et seq., as amended.
MINOR SUBDIVISION. A division of at least 100 contiguous acres of agricultural land to create one new lot that, after the division, is separate from the remainder of the original 100 or more contiguous acres of agricultural land, and which meets the requirements of this chapter.
MIXED-USE DEVELOPMENT. A development that includes residential and nonresidential uses allowed in the zoning district, on the same site.
MOBILE HOME. A movable or portable unit, designed and constructed for conveyance on roads and highways on its own chassis or on flatbed or other trailers, and designed and constructed to be installed with or without a permanent foundation for human occupancy as a residence which may include one or more components that can be retracted for towing or transporting purposes, and subsequently expanded for additional capacity, or two or more such units separately towable or transportable but designed to be joined into one integral unit, except that it does not include recreational vehicle, as defined in this section.
MOBILE HOME LOT. A space designed and approved by the county for occupancy by mobile homes and meeting all requirements of this chapter.
MOBILE HOME PARK. A parcel of land that has been planned and improved for the placement of mobile homes for nontransient use and consisting of two or more mobile home spaces, where the entire project is to be under single ownership or management and meets all of the requirements of this chapter for mobile home parks.
MOBILE HOME SPACE. A space within a mobile home park designed and to be used for the accommodation of one mobile home.
MOBILE HOME STAND. The part of the mobile home space which has been reserved for the placement of the mobile home and its appurtenant structures or additions.
MOBILE HOME SUBDIVISION. A subdivision designed and intended for residential use where the lots are to be individually owned or leased and occupied by mobile homes.
MODERATE INCOME HOUSING. Housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located.
MODULAR HOME. A permanent dwelling structure built in prefabricated units which are assembled and erected on the site or at another location and brought as a unit to the site; said MODULAR HOME is classed as a mobile home until it is placed on a permanent foundation and complies with all governing Building Codes.
MONUMENT. A permanent survey marker established by the County Surveyor and/or a survey marker set in accordance with the County Surveyor’s specifications and referenced to county survey MONUMENTS.
MOTEL. A building or group of buildings for the accommodation of transient guests, comprising individual sleeping or living units and designed and located to serve the motoring public.
MUNICIPALITY. A city or town.
NATURAL DRAINAGE COURSE. Those areas, varying in width, along streams, creeks, ditches, gullies, springs or washes which function as natural drainage channels.
NATURAL RETENTION AREA. An area of poorly drained soils which lies along stream channels or swales, or is adjacent to floodplain soils, which is subject to periodic flooding.
NON-AGRICULTURAL DEVELOPMENT. A residential subdivision a commercial subdivision or an industrial subdivision and/or a development established with a development agreement.
NONCOMPLYING STRUCTURE. A structure that:
(1) Legally existed before the structure’s current land use designation; and
(2) Because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions or other regulations, excluding those regulations that govern the use of land.
NONCONFORMING USE. A use of land that:
(1) Legally existed before the current land use designation;
(2) Has been maintained continuously since the time the land use ordinance regulation governing the land changed; and
(3) Because of one or more subsequent land use ordinance.
NURSING HOME (REST HOME, CONVALESCENT HOME). A home for the aged, chronically ill or incurable persons in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
OFF-SITE FACILITIES. Improvements not on individual lots but generally within the right-of- way and the boundaries of the development which they serve, and as further outlined in this chapter.
OFF-STREET PARKING SPACE. The space required to park one passenger vehicle, which space shall meet the requirements of this chapter.
ON-SITE FACILITIES. Construction or placement of the main building, and its appurtenant improvements on a lot.
OPEN SPACE. Land used for recreation, agriculture, resource protection, amenity or buffers; is freely accessible to all residents of the development, except in the case of agricultural lands where access may be restricted; and is protected by the provisions of this chapter to ensure that it remains in such use. OPEN SPACE does not include land occupied by nonrecreational buildings, roads or road rights-of-way; nor does it include the yards or lots of single- or multiple-family dwelling units or parking areas as required by the provisions of this chapter. OPEN SPACE should be left in a natural state, except in the case of recreation uses which may contain impervious surfaces. Such impervious surfaces shall be included in the calculation of the impervious surface ratio.
OPEN SPACE, USABLE. USABLE OPEN SPACE shall be any portion of a lot or building which meets all the following conditions:
(1) The open space shall be open to the sky or shall be open to view on at least two sides;
(2) The space shall be readily accessible by foot traffic from the dwelling unit to which it is accessory;
(3) If the space is provided on a balcony, roof or other facility above grade, it shall have such protective devices as are deemed necessary by the Zoning Administrator to ensure reasonably safe usage by children and adults; and
(4) The space shall not be provided from any required front or side yard, parking area or driveway space.
OWNER. Any person who alone, jointly or severally with others, or in a representative capacity (including, without limitation, an authorized agent, executor or trustee) has legal or equitable title to any property.
PARCEL. Any real property that is not a lot.
PARCEL BOUNDARY ADJUSTMENT.
(1) A recorded agreement between owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement in accordance with UCA § 17-27a-523, if no additional parcel is created and:
(a) None of the property identified in the agreement is a lot; or
(b) The adjustment is to the boundaries of a single person’s parcels.
(2) PARCEL BOUNDARY ADJUSTMENT does not mean an adjustment of a parcel boundary line that:
(a) Creates an additional parcel; or
(b) Constitutes a subdivision.
(3) PARCEL BOUNDARY ADJUSTMENT does not include a boundary line adjustment made by the Department of Transportation.
PARK. A playground or other area or open space providing opportunities for active or passive recreational or leisure activities.
PARK STRIP. The area located between a street right-of-way line and the edge of asphalt or curb, but not including driveways, sidewalks or trails.
PARKING FACILITY (PARKING LOTS, PARKING STRUCTURES). A building or open area, other than a street, used for the parking of more than four automobiles and available for public use, whether free, for compensation or accommodation for clients or customers.
PASSIVE SOLAR SYSTEM. A direct thermal system which utilizes the structure of a building and its operable components to provide for collection, storage and distribution of heating or cooling during the appropriate times of the year, by utilizing the climate resources available at the site. It includes those portions and components of a building that are expressly designed and required for the collection, storage and distribution of solar and the architectural and engineering design or system simulation necessary to balance or optimize passive components.
PEDESTRIANWAY (WALKWAY, CROSSWALK). A right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind. A PEDESTRIANWAY may be located within or without a street right-of-way, at grade or grade separated from vehicular traffic.
PERFORMANCE GUARANTEE. An agreement, in a form approved by the county, that ensures the integrity of required improvements throughout construction, such as curb, gutter and sidewalk, and which is a requirement for the issuance of building permits for dwellings in approved subdivisions.
PERMANENT MONUMENT. Any structure of concrete, masonry and/or metal permanently placed on or in the ground, including those expressly placed for surveying reference, which meets the requirements of the county for permanent monuments.
PERMITTED USE. A use of land which is allowed within a particular district without the necessity of obtaining a conditional use permit.
PERSON. An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity, including a trustee, receiver, assignee or similar representative of any of the foregoing.
PETITION, VERIFIED. A petition by residents of the county, subscribed and sworn to before a notary.
PHYSICAL CONSTRAINTS ANALYSIS. Consists of a scaled graphical illustration of the following real feature of the land: Property areas proposed for development may be subject to a Sensitive Area District ordinance or designation.
(1) The project will not consist of any building envelopes on natural or human-made slopes over 25% grade without site-specific review by a geologist and/or geotechnical engineer.
(2) The project will not show any structures within a distance from any fault line that would jeopardize or compromise the health, safety or welfare of persons or property as determined by a qualified professional geologist. A fault line is the expression of a fault as seen at the surface of the earth. It may be identified from geologic maps, excavations, air photos or other means. Portions of it may be hidden by overlying erosion materials, soil, landslide debris or other natural or human-made material. When hidden, the fault line may be assumed to exist along the linear extension of a line between the ends of two exposed portions of the fault line.
(3) The project will not consist of activities on or disturbance of any wetland areas, except as approved by the Army Corps of Engineers.
(4) The project will not contain any platted lot within any landslide hazard areas as determined by a geologist and/or geotechnical engineer unless approved by the Planning Commission as part of the open space area.
(a) A landslide hazard area is an area where landslides are known to exist. These may be active (currently moving) or inactive.
(b) Any disturbance of the ground or irrigation in a landslide hazard area will be subject to extensive geologic review prior to project approval. This review must include mapping of the limits of known landslides as well as the depth to the glide surface of the landslide if any structures are located in the potential path of a landslide or are near the head of the landslide.
(c) There may also be requirements for monitoring soil saturation and earth movement.
(d) Known landslides will be recorded on the plat for the development.
(e) All owners of structures within the landslide area will be encouraged to carry landslide hazard insurance.
(f) Roads will avoid known landslides. If roads in landslide hazard areas become dedicated to the county, they may become part of a special district as determined by the County Commission and may bear a higher maintenance fee than other roads in the county due to the anticipated higher cost of maintenance. Any higher fees collected for maintenance will remain in the Special District Fund to cover road costs of potential future catastrophic events in the district.
(g) Septic systems will not be allowed on any landslide or near a landslide where it could cause the landslide to be saturated with water as determined by the geologist or geotechnical engineer.
(h) Potential landslide areas are those areas where landslides are not currently known to exist, but which have similar geologic conditions (surface geology, dip of geologic formations, steepness of slope and the like) as landslide areas. The geologic review will include evaluation of potential for landslides. Landslides may be expected to be triggered in these areas under the right combination of existing conditions combined with human-made changes. Potential landslide areas may also carry special conditions on land uses (i.e., watering restrictions, septic tank restrictions, drainage requirements and setbacks from erosion scarps).
(5) The project will not consist of any development within any flood hazard area, except as provided in local, state and federal Building Codes.
(6) The project will not consist of any development within any shallow groundwater hazard areas (i.e., areas where groundwater is, during its highest point in the water cycle year, within two feet of the ground surface or within two feet of the deepest ground disturbance of any structure), areas of springs or seeps or surface water areas. Under certain circumstances when properly engineered, structures may build in shallow groundwater areas upon approved fill material if it is sufficient to bring the structure to the minimum elevation above the shallow groundwater. Any structures built on fill must have specific approval prior to any disturbance of the ground or adding of fill material. Approval will be subject to adequate engineering evaluation and shall contain a plan to protect the groundwater from contamination during and after construction.
(7) The project will not consist of any development within any areas that are recommended locations for detention basins or established or proposed road and utility corridors.
(8) The project will avoid any development that will protrude above any ridgelines, except as provided in a ridgeline ordinance, if existing.
(9) The project application will include a preliminary geotechnical evaluation of the site.
(10) The project applicant must include a concept plan showing the layout of roads, lots and open spaces.
(11) All proposed density for projects shall be determined by the Planning Commission and county legislative body.
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT. The department of the county authorized by the county to oversee the Zoning Administrator and the Building Official, and to carry out the general land use and development goals and policies of the county.
PLANNING AND DEVELOPMENT SERVICES DIRECTOR. The individual appointed by the County Commission to oversee the administration and functions of the Planning and Development Services Department, and/or his or her designee.
PLANNING COMMISSION. The Planning Commission of Morgan County, Utah.
PLAT. An instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with UCA §§ 17-27a-603 or 57-8-13.
PRELIMINARY PLAT. The initial formal plat of a proposed land division or subdivision showing information and features required by the provisions of this chapter.
PRIME AGRICULTURAL SOILS. Areas of soils most suited for agriculture, those in capability units I, II or III, as indicated in the soil survey prepared by the soil conservation service which encompasses the county.
PRINCIPAL USE. The main use of land or a building (as distinguished from an accessory use).
PRIVATE NONPROFIT RECREATIONAL GROUNDS AND FACILITIES. Nonprofit recreational grounds and facilities operated by a nonprofit corporation, association or group.
PROFESSIONAL TEAM, QUALIFIED. An individual or group of individuals qualified by virtue of training, experience, state licensing where appropriate and membership in professional associations which pass upon qualifications prior to admittance to membership. A determination of whether or not a team is qualified, in the sense explained above, shall be made solely by the Planning Commission.
PROTECTION STRIP. A strip of land bordering a subdivision, or a street within a subdivision showing information and features required by the provisions of this chapter.
PUBLIC AGENCY.
(1) The federal government;
(2) The state;
(3) A county, municipality, school district, local district, special service district or other political subdivision of the state; or
(4) A charter school.
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 the Open and Public Meetings Act, UCA § 52-4.
PUBLIC AND QUASI-PUBLIC USE. A use operated by a governmental or private nonprofit agency having the primary purpose of serving the general public, including public and private schools or universities (see definitions of SCHOOL, PUBLIC and SCHOOL, PRIVATE), recreational facilities, cemeteries, churches or other religious facilities (see definition of CHURCH), charitable or philanthropic institutions or other similar uses.
PUBLIC FACILITIES AND PUBLIC SERVICE FACILITIES. For the public convenience, certain infrastructure, including streets, utilities and utility facilities, radio and television transmitting towers and stations and facilities determined to be in the interest of the health, safety and welfare of the public, such as police, fire, ambulance substations and animal control facilities, may be allowed to serve various areas of the community as essential facilities.
PUBLIC IMPROVEMENTS. Streets, curb, gutter, sidewalk, water and sanitary sewer lines, storm sewers, flood control facilities and other similar facilities which are required to be dedicated to the county in connection with subdivision, conditional use, site plan or other land use approval.
RECEIVING ZONE. An unincorporated area of a county that the county designates, by ordinance, as an area in which an owner of land may receive a transferable development right.
RECORD OF SURVEY MAP. A map of a survey of land prepared in accordance with UCA §§ 10-9a-603, 17-23-17, 17-27a-603 or 57-8-13.
RECREATION DWELLING. A dwelling designed for limited rather than primary occupancy and generally located adjacent to or with easy access to recreational areas. The primary purpose for the construction of such a dwelling is to provide shelter during those limited periods of time when recreation is sought in the adjacent areas. RECREATIONAL DWELLINGS shall not use the same minimum lot area used to qualify for the minimum lot area of a main dwelling.
RECREATIONAL VEHICLE (RECREATIONAL COACH). A vehicle, with or without motive power, designed and constructed to travel on public streets, and designed for use as a human habitation of a temporary and recreational nature.
RECREATIONAL VEHICLE PARK (TRAVEL TRAILER PARK). Any area or tract of land or a separately designated section within a mobile home park where lots are rented or held out for rent to one or more owners or users of recreational vehicles.
RECREATIONAL VEHICLE SPACE. A plot of ground within a recreational vehicle park designated and intended for the accommodation of one recreational vehicle.
RENEWABLE ENERGY. The form of energy whose supply is natural, inexhaustible and not dependent upon fossil fuel supplies. Examples include residential solar heat, wind power, geothermal power and many other supply sources.
REQUIRED IMPROVEMENTS. Improvements which are required to be installed and guaranteed in conjunction with an approved subdivision or land use permit. REQUIRED IMPROVEMENTS may be public or private, on-site or off-site, as necessary to fulfill the purposes of this chapter.
RESIDENTIAL FACILITY FOR ELDERLY PERSONS. A single-family or multiple-family dwelling unit that meets the requirements of § 155.367 of this code and any ordinance adopted under authority of this chapter. RESIDENTIAL FACILITY FOR ELDERLY PERSONS does not include a healthcare facility.
RESIDENTIAL FACILITY FOR HANDICAPPED PERSONS. A single-family or multiple-family dwelling unit that meets the requirements of § 155.367 of this code and any ordinance adopted under authority of that section.
RESIDUAL LAND. The land which does not meet the minimum standards for a lot and therefore must be attached and become part of another parcel which does or will conform to lot minimum standards or be attached to public land for public purposes.
RIGHT-OF-WAY. The portion of land dedicated to public use for street and/or utility purposes or maintained in private use for similar purposes.
ROADWAY WIDTH. For a street with battered or roll curb to back of curb, otherwise the width of the actual paved surface.
SCHOOL, PRIVATE. A school which is operated by a quasi-public or private group, individual or organization, for profit or nonprofit, and which has a curriculum similar to that provided in any public school whether or not a complete educational curriculum.
SCHOOL, PUBLIC. A school operated by a school district, charter school or other public agency in the state.
SECONDARY WATER SYSTEM. Any system which is designed and intended to provide, transport and store water used for watering of crops, lawns, shrubberies, flowers and other nonculinary uses.
SECURITY SURVEILLANCE. When security is a paramount concern to a project, it may require continuous and comprehensive surveillance of the private streets if access is only through a guarded gate. Under these circumstances, it is in the interests of the public to vary requirements sufficient to permit total control of a manager.
SENDING ZONE. An unincorporated area of a county that the county designates, by ordinance, as an area from which an owner of land may transfer a transferable development right.
SENSITIVE AREA. An area of land which contains environmental or geological hazards, which may also be subject to additional regulations in this chapter and other laws.
SERVICE PROVIDER. Any entity that provides services for water, sewer, electricity, natural gas or other service to a specified area.
SETBACKS. The minimum required distance on a lot defining a front, side and rear yard in each applicable zone as measured perpendicularly from the appropriate property lot line to the nearest building foundation or structural footing, including permanent porches and stairways, except as modified by the definition of YARD, as defined in this section.
SIDEWALK. A passageway or pathways for pedestrians, excluding motor vehicles.
SIGN. A presentation or representation of words, letters, figures, designs, pictures or colors, publicly displayed so as to give notice relative to a person, a business, an article of merchandise, a service, an assemblage, a solicitation or a request for aid; also, the SIGN structure supports, lighting systems and any attachments, ornaments or other features used to draw the attention of observers.
SIGN, ANIMATED. A sign which involves motion or rotation of any part, created by artificial means, or which displays flashing, revolving or intermittent lights.
SIGN AREA. The entire background area of a sign upon which copy could be placed. In computing area of a sign background, only that face or faces which can be seen from one direction at one time shall be counted. The supporting incidental structure of the sign shall not be used in computing SIGN AREA.
SIGN, AWNING. A sign which is integral with or placed on a translucent awning or other “fabric” covering a framework and which is backlit.
SIGN, CANOPY. A sign which is mounted on and supported by a canopy and may be found either above the canopy or hanging beneath the canopy, but in all cases mounted perpendicular to the building.
SIGN, CHANGEABLE COPY. A sign on which the advertising message, lettering or other graphic representation is intermittently changed by rotation or means similar thereto.
SIGN, FASCIA, FLAT OR WALL. A sign which is in any manner affixed to any exterior wall of a building and which projects not more than 18 inches from the face and does not extend more than six inches above the parapet, eaves or building facade. A FASCIA SIGN may also be mounted above or below a canopy, not necessarily flush with the wall, but in all cases only one side has copy. In the manner described for the fascia unit, individual letter units may also be installed as opposed to a box type sign. FLAT OR WALL SIGNS may be painted or applied to the wall without projection from the wall.
SIGN, FLASHING. A sign which contains or is illuminated by lights which are intermittently cut on or off, change in intensity or otherwise create the illusion of flashing or movement.
SIGN, FREESTANDING. A sign which is supported by one or more upright columns, poles or braces, in or upon the ground.
SIGN, HEIGHT OF. The vertical distance measured from the nearest finished grade to the top of the sign, excluding any superficial trim. In the case of a roof sign, the maximum height shall be measured from the roofline or the parapet level, if applicable, at the location of such sign.
SIGN, IDENTIFICATION AND INFORMATION. A sign displayed to indicate the name or nature of a building, or of a use.
SIGN, ILLUMINATED. A sign in which a source of light is used in order to make the message readable. This definition shall include internally and externally lighted signs.
SIGN, MARQUEE. Any sign attached to or made an integral part of a marquee.
SIGN, OFF-PREMISES. A sign which advertises a product or service not available on the premises where the sign is located.
SIGN, ON-PREMISES. A sign which advertises products or services available on the premises where the sign is located.
SIGN, PROJECTING WALL. A sign which is affixed to an exterior wall or building or structure, and which projects more than 18 inches from the building or structure wall, and which does not extend above the parapet, eaves or building facade of the building upon which it is placed.
SIGN, ROOF. A sign which is erected on or above the roofline of a building and which is wholly or partially supported by the building.
SIGN, ROTATING. A sign which revolves 3,600 degrees with continuing motion.
SITE. A parcel or parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots.
SITE AREA. All land area within the site as defined in the deed. Area shall be determined from an actual survey rather than from a deed description.
SITE PLAN. A document or map that may be required by a county during a preliminary review preceding the issuance of a building permit to demonstrate that an owners or developer’s proposed development activity meets a land use requirement.
SKYSPACE. The portion of the sky that must remain unobstructed for a solar collector to operate effectively. The SKYSPACE can be measured for specific time of year, use and location. (See also definition of SOLAR ACCESS.)
SMALL SUBDIVISION. A subdivision of eight or fewer lots which meets the requirements of this chapter.
SOLAR ACCESS. The availability of sunlight to solar collectors and solar energy systems. SOLAR ACCESS to a site depends upon the specific system type and most often demands rooftop, south wall, south lot or detached collector protection.
SOLAR ENERGY CONVERSION SYSTEM. Includes active, passive and photovoltaic solar systems which when placed on a structure supply energy to that structure.
SOLAR GREENHOUSE, SUNSPACE, SUN PARLOR. An attached space to a building or residence which may provide heat and/or food to users as part of a passive solar energy system.
SPECIAL DISTRICT. All entities established under authority of UCA Title 17A, 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 building for the keeping of livestock owned by the occupants of the premises and not kept for hire, remuneration or sale.
STABLE, PUBLIC. A detached accessory building where horses are boarded and/or kept for hire.
STEEP SLOPES. Areas where the average slope exceeds 8% which, because of this slope, are subject to high rates of stormwater runoff, and therefore, erosion.
STORAGE UNITS. A facility under single ownership typically used to store the private goods of multiple tenants; not designed with utility services to each unit. A STORAGE UNIT will meet the following criteria:
(1) Less than two acres;
(2) Doors are visually buffered from view;
(3) Stormwater, access, parking and so forth detailed on the site plan;
(4) Landscaping approved and bonded;
(5) Residence/manager living by conditional use permit;
(6) Setbacks per zone district;
(7) Architecture and layout must blend in with surroundings; and
(8) Water, sewer and phone services are not provided to each unit.
STORM, 100-YEAR. A storm event of the magnitude that has a 1% chance of occurrence in any given year.
STORM, TEN-YEAR. A storm having a 10% chance of annual occurrence.
STORY, HALF. A partial story under a gable, hip or gambrel roof, the wall plates of which are on at least two opposite exterior walls, do not extend more than four feet above the floor of such story and the ceiling area of which does not exceed two-thirds of the floor area of the same half story.
STREET, ARTERIAL. A street, existing or proposed, which serves or is intended to serve as a major trafficway and is designated in the General Plan or master transportation plan as a limited access highway, major street parkway or other equivalent term to identify those streets comprising the basic structure of the street plan.
STREET, COLLECTOR. A street, existing or proposed, which is the main means of access to the major street system from local streets.
STREET, CUL-DE-SAC. A minor terminal street provided with a turnaround of a minimum radius as specified by adopted Construction and Fire Code standards.
STREET, FREEWAY. A street with a fully controlled access designed to link major destination points. A FREEWAY is designed for high-speed traffic with a minimum of four travel lanes and is owned by the state. In the county, Interstate 84 is the only street considered a FREEWAY.
STREET, HALF. The portion of a street within or providing frontage to lots within a subdivision comprising at least one-half of the minimum required right-of-way on which improvements are constructed and in accord with at least one-half of an approved typical street section, where the additional needed right-of-way width is intended to be obtained in the future from the abutting property owner prior to development.
STREET, LOCAL. A minor street which provides access to abutting properties and protection from through traffic.
STREET, PRIVATE. A right-of-way which has been reserved by dedication unto the subdivider, lot owners or homeowners’ association to be used as a private access to serve property, in accordance with this chapter. All PRIVATE STREETS and rights-of-way shall be approved by the county and maintained by the subdivider or other private entity. PRIVATE STREETS are required to meet the county’s right-of-way and construction standards for public roads.
STREET, PUBLIC. A public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement or other public way.
STREET, TERMINAL. An improved street or subsystem of streets with only one point of connection to the overall street system.
STREET TREE. An approved tree placed either within or adjacent to the county’s public rights-of-way or private street sections. STREET TREES adjacent to public rights-of-way are considered a type of public improvement.
STRUCTURE. Anything constructed, the use of which requires fixed location on the ground, or attachment to something having a fixed location upon the ground. Includes “building.”
SUBDIVIDER. Any person who undertakes to create a subdivision or has property interest within a subdivision.
SUBDIVISION. Any land that is divided, resubdivided or proposed to be divided into two or more lots 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.
(1) SUBDIVISION includes:
(a) The division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
(b) Except as provided in this chapter, divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural and industrial purposes.
(2) SUBDIVISION does not include:
(a) A bona fide division or partition of agricultural land for agricultural purposes;
(b) A boundary line agreement recorded with the County Recorder’s office between owners of adjoining parcels adjusting the mutual boundary in accordance with UCA § 17-27a-523 if no new lot is created;
(c) A recorded document, executed by the owner of record:
1. Revising the legal descriptions of multiple parcels into one legal description encompassing all such parcels; or
2. Joining a lot to a parcel.
(d) 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:
1. An electrical transmission line or a substation;
2. A natural gas pipeline or a regulation station; or
3. An unmanned telecommunications, microwave, fiber optic, electrical or other utility service regeneration, transformation, retransmission or amplification facility.
(e) A boundary line agreement between owners of adjoining subdivided properties adjusting the mutual lot line boundary in accordance with UCA §§ 17-27a-523 and 17-27a-608 if:
1. No new dwelling lot or housing unit will result from the adjustment; and
2. The adjustment will not violate any applicable land use ordinance.
(f) A bona fide division of land by deed or other instrument if the deed or other instrument states in writing that the division:
1. Is in anticipation of future land use approvals on the parcel or parcels;
2. Does not confer any land use approvals; and
3. Has not been approved by the land use authority.
(g) A parcel boundary adjustment;
(h) A lot line adjustment;
(i) A road, street or highway dedication plat;
(j) A deed or easement for a road, street or highway purpose; or
(k) Any other division of land authorized by law.
SUBDIVISION AMENDMENT. An amendment to a recorded subdivision in accordance with UCA § 17-27a-608 that:
(1) Vacates all or a portion of the subdivision;
(2) Alters the outside boundary of the subdivision;
(3) Changes the number of lots within the subdivision;
(4) Alters a public right-of-way, a public easement or public infrastructure within the subdivision; or
(5) Alters a common area or other common amenity within the subdivision.
SUBSTANTIAL EVIDENCE. Evidence that:
(1) Is beyond a scintilla; and
(2) A reasonable mind would accept as adequate to support a conclusion.
TECHNICAL REVIEW COMMITTEE. The Zoning Administrator shall designate and appoint certain professionals, officials and other competent resource persons to serve as advisors meeting as a Technical Review Committee to assist for the purpose of evaluating applications and making recommendations for action from the land use authority.
TEMPORARY USE. A use not allowed as a permitted, conditional or accessory use where located and which is established for a limited time with the intent to discontinue the use upon expiration of the time period authorized by a temporary use permit.
TRAIL. A path, hard- or soft-surfaced, intended for public use for recreation and/or alternative transportation methods, and which may also provide access to city, county, state or federal open lands or recreation areas.
TRANSFERABLE DEVELOPMENT RIGHT. A right to develop and use land that originates by an ordinance that authorizes a landowner in a designated sending zone to transfer land use rights from a designated sending zone to a designated receiving zone.
UNINCORPORATED. The area outside of the incorporated boundaries of cities and towns.
URBAN SERVICES. Those services normally associated with urban living, including, but not limited to, electricity, natural gas, streets, schools, culinary water, sewage collection and treatment facilities and police and fire protection.
UTILITIES AND UTILITY FACILITIES. Includes facilities, lines and rights-of-way for culinary water, pressure and gravity irrigation, sanitary sewer, drainage and flood control, electrical, streetlights, natural gas, telecommunications, microwave, fiber optics, cable television and telephone transmission and underground conduits and junction boxes.
VICINITY MAP (LOCATION MAP). A map or drawing, not necessarily to scale, showing where a subdivision, or proposed subdivision, commercial development or other property is located.
VICINITY PLAN. A map or drawing, to scale, of any area proposed for development, showing existing and proposed streets, buildings, public facilities and utilities within the general influence area of the proposed project, such as one-mile radius; boundaries of zoning districts, taxing districts and other special districts on and in the immediate vicinity of the land proposed for project; watercourses, impoundments, streams, springs, wells and areas subject to continuous or occasional flooding on and in the immediate vicinity of the land proposed for project and significant vegetative patterns on and in the immediate vicinity of the land proposed for development.
WARRANTY PERIOD. The period of time after the date of initial acceptance of required subdivision improvements or required repairs to subdivision improvements. The standard WARRANTY PERIOD shall be one year. The county may increase the WARRANTY PERIOD to two years, if the county determines for good cause that a lesser period would be inadequate to protect the public health, safety and welfare due to substantial evidence of prior poor performance of the applicant, unstable soil conditions within the subdivision or development area or extreme fluctuations in climatic conditions that would render impracticable the discovery of substandard or defective performance within a one-year period.
WATER AND SEWER IMPROVEMENT DISTRICT. Any water or sewer improvement districts existing or hereinafter organized which have jurisdiction over the land proposed for a land use application or subdivision.
WATER SUPPLIER. Any water system, whether public or private, providing wholesale or retail water service to the general public, including water for indoor culinary use, outdoor irrigation use and any other beneficial use such as livestock water, snowmaking, industrial use and the like, including service by water systems to areas outside of their corporate boundaries or service areas.
WETLANDS. Areas known as marshes, swamps or wetlands, including all areas greater than one-fourth acre where standing water is retained for a portion of the year and unique vegetation has adapted to the area, or as regulated by the U.S. Army Corps of Engineers.
WILDLAND URBAN INTERFACE. A geographical area where structures and other development meets or intermingles with wildland or vegetative fuels.
WILL SERVE LETTER. A letter from a utility company which guarantees its service, with or without conditions and explains available capacity and ability and/or capacity to serve the proposed project, and a plan describing how the applicable utilities will be extended to the development.
WIND ENERGY CONVERSION SYSTEMS. Includes structures and all apparatus to utilize wind to drive generator.
YARD. A required open space on a lot, other than a court, unoccupied and unobstructed from the ground upward, except as follows:
(1) Fences;
(2) Accessory buildings in a rear or side YARD (restrictions in this chapter apply);
(3) Uncovered decks less than 18 inches in height from the finished ground surface that project into a residential rear YARD not more than 15 feet; or uncovered decks over walkout basements that are less than 18 inches in height from the finished first story level that project into a residential rear YARD not more than 15 feet;
(4) The ordinary projections of windows where the projection is above the finished ground surface, roofs, cornices, chimneys, flues, other cantilevered structures when part of the main building, nonstructural uncovered stairways and porches and other ornamental features which project into a YARD not more than three feet;
(5) Open or lattice enclosed exterior stairways, located in a Commercial or Manufacturing Zone, projecting into a YARD not more than five feet; and
(6) Structures less than 18 inches in height from the finished ground surface.
YARD, FRONT. A space on the same lot with a building, between the front line of the building and the front lot line and extending across the full width of the lot. The “depth” of the FRONT YARD is the minimum distance between the front lot line and the front line of the building. (Note: On a corner lot, there are two FRONT YARDS.)
YARD, REAR. A space on the same lot with a building, between the rear line of the building and the rear lot line and extending the full width of the lot.
ZONING ADMINISTRATOR. The person appointed by the county to perform the duties and responsibilities of Zoning Administrator, as defined by this chapter. Unless otherwise designated by the Planning and Development Services Director or County Commission, the Planning and Development Services Director or his or her designee shall perform this function.
ZONING MAP. The official map of the county which designates the zoning classifications on areas of the unincorporated territory of the county which regulates and restricts the erection, construction, reconstruction, alteration, repair or use of buildings or structures or the use of land all as set forth in this chapter.
(Prior Code, § 8-2-1) (Ord. 10-16, passed 12-14-2010; Ord. 10-17, passed 12-14-2010; Ord. 11-03, passed 3-1-2011; Ord. 11-10, passed 6-21-2011; Ord. 11-11, passed 9-20-2011; Ord. 11-15, passed 11-1-2011; Ord. 11-16, passed 12-6-2011; Ord. 12-01, passed 3-6-2012; Ord. 12-02, passed 5-1-2012; Ord. 12-09, passed 9-18-2012; Ord. 14-08, passed 12-4-2014; Ord. 15-02, passed 3-17-2015; Ord. 16-02, passed 3-15-2016; Ord. 17-01, passed 2-7-2017; Ord. 18-04, passed 5-15-2018; Ord. 19-07, passed 12-3-2019; Ord. 20-02, passed 2-18-2020; Ord. 20-10, passed 7-21-2020; Ord. 20-11, passed 9-1-2020; Ord. 21-09, passed 7-6-2021; Ord. 23-04, passed 4-18-2023)