(A) Generally.
(1) For the purpose of this chapter, certain words and terms are hereby defined. Words used in the present tense shall include the future and the future shall include the present; words in the singular number include the plural and the plural number include the singular; the word LOT includes the words “plot,” “tract” or “parcel;” the word BUILDING includes the word “structure;” the word ERECTED means constructed, altered, moved or repaired; the words “shall” and “must” are always mandatory; the word “district” is synonymous with the word “zone.”
(2) All words not herein defined shall be construed as defined in the statutory and common law of the state. If not defined therein, then as defined in accordance with the most current version of Webster’s Unabridged Dictionary.
(B) Special provisions for lots divided by district boundaries. Where any lot, existing at the effective date of this chapter, is located in two or more districts in which different uses are permitted, or in which different use, area, bulk, accessory off-street parking and loading or other regulations apply, the provisions of this section shall apply.
(1) Use regulations. If more than 50% of the lot area is located in one of two or more districts, the use regulations applicable to the district containing the majority lot area shall apply to the entire lot, if consistent with the land use designation on the Comprehensive Plan.
(2) Property development regulations. If more than 50% of the lot area is located in one of two or more districts, the property development regulations applicable to the district containing the majority lot area shall apply to the entire lot.
(C) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING PROPERTY. Property lying immediately adjacent to and sharing a common property line with other property.
ACCESS. A strip of land which is part of a lot and provides a way to enter or exit a facility or property.
ACCESSORY DWELLING UNIT. A minor detached dwelling that is located on the same lot as a principal dwelling and that is used incidentally to a primary dwelling or the house as an accessory use.
ACCESSORY STRUCTURE OR USE. A detached subordinate structure or a use which is clearly incidental or subordinate to, and customarily found in connection with, the principal structure or use to which it is related, and which is located on the same lot as the principal structure or use.
ADMINISTRATIVE LAND USE AUTHORITY. The official, board, commission or other body empowered to render a decision on a particular matter under this chapter. As used in Chapter 153, an ADMINISTRATIVE LAND USE AUTHORITY means an individual, board or commission, appointed or employed by a county, including county staff or a county planning commission for review of limited residential subdivision.
ADULT ENTERTAINMENT. An establishment that:
(a) Provides amusement or entertainment which is distinguished or characterized by an emphasis on material depicting, describing or relating to specified sexual activities or specified anatomical areas;
(b) Features topless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment;
(c) A book or video store having the substantial or significant portion of its trade in books, magazines, periodicals or other materials which are distinguished or characterized by their emphasis on specified sexual activities or specified anatomical areas; or
(d) A theater used exclusively or primarily for presenting material distinguished or characterized by specified sexual activities or specified anatomical areas for observation by persons 18 years of age or older on the premises.
AFFORDABLE HOUSING. A dwelling unit for which a household spends no more than 30% of its gross income for housing costs. Rental housing costs include contract rent and utilities. Owner occupied housing costs include mortgage principal and interest, property taxes, insurance and, where applicable, homeowner association fees.
AGRICULTURAL PACKING AND WAREHOUSING. A facility used for storing, sorting, cleaning, sacking or transshipment of agricultural products. Does not include processing functions. SORTING AND CLEANING mean handling to the generally minimum level of marketability.
AGRICULTURAL PROCESSING. Cooking, dehydrating, refining, bottling, canning or other treatment of agricultural products which changes the naturally grown product for consumer use.
AGRICULTURE. Use of land for the growing and harvesting of crops for sale for profit, or used which are directly ancillary to the growing and harvesting of crops, which is the exclusive or primary use of the lot, plot, parcel or tract of land; including processing crops to the generally recognizable minimum level of marketability; or the open range grazing of livestock; or irrigated pasture for grazing or livestock. It shall not include livestock raising activities other than what has been previously defined as AGRICULTURE; nor shall it include retailing of goods on the premises, any agricultural industry or business, such as fruit packing, plants, fur farms, animal hospitals or similar uses. Also excluded from AGRICULTURE are mechanized industrial animal farms, commercially operated greenhouses, commercial milk farms and commercial dog kennels and commercial feeding of garbage to swine or other animals or operating for the disposal of garbage, sewage and rubbish.
AGRICULTURE PROTECTION AREA. [Reserved]
AIR RIGHTS. The right to use space above ground level.
AIRPORTS, HELIPORTS and LANDING FIELDS. Any area of land which is used or intended for use for the landing and taking off of aircraft; and appurtenant areas which are used or intended for use for airport buildings or other airport facilities or right-of-way, together with all airport buildings and facilities located thereon.
ALTERATION, BUILDING. Any change in the structure which will increase the number of dwelling units, the floor area or height of the structure.
ALTERNATIVE POWER. Another source or means of supplying energy such as solar, wind and the like that can be considered an equivalent substitute for conventional commercial power.
ANIMAL UNIT.
(a) A term used to establish an equivalent density for various species of livestock. The following animals shall have the following ANIMAL UNIT equivalents:
(b) Example:
Cattle/buffalo/horse | 1 animal unit | (1 animal per 1 AU) |
Goat/sheep/llama | 0.2 animal unit | (5 goats per 1 AU) |
Horse (34 inches or less at withers) | 0.2 animal unit | (5 horses per 1 AU) |
Mink and similar forbearing animals | 0.02 animal unit | (50 mink per AU) |
Other livestock | 1 animal unit | (1 elk per AU) |
Poultry | 0.02 animal unit | (50 chicken per AU) |
Swine/ostrich | 0.2 animal unit | (5 swine per 1 AU) |
(c) Young animals shall not be counted until they are weaned. Horses include mules and donkeys.
ARCHITECTURAL PROJECTION. Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building (i.e., awnings, canopies), but does not include signs.
AREA. The aggregate of the maximum horizontal cross-section within given boundaries.
ARTIFICIAL LIGHT SOURCE. Any exterior source of light emanating from a human-made device, including, but not limited to, incandescent, mercury vapor, metal halide or sodium lamps, spotlights, flood lights, landscaping lights, street lights, vehicular lights, construction or security lights.
ASPHALT MIXING/BATCHING PLANTS/BORROW PITS. Asphalt or concrete batching plant for producing asphalt or concrete products used in construction activities on the same or nearby sites.
AUTO/TRUCK REPAIR AND SERVICE (HOME-BASED BUSINESS). An auto repair and service business that is located at the primary residence. Not to exceed two employees.
AUTO/TRUCK REPAIR, SALES AND SERVICE. A commercial establishment where automobiles are repaired, sold or serviced.
AUTO-WRECKING YARD. Any place where motor vehicles not in running condition, or the parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for the dismantling or storing of such motor vehicles for parts thereof.
BARNS and other AG related structures. A building with no utilities that is used for the storage of farm products or feed and usually for the housing of farm animals or farm equipment.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BASEMENT. Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a BASEMENT unless such floor level qualifies as a first story.
BED AND BREAKFAST. A residence built expressly for, or converted to, rent rooms to paying guests and to provide breakfast to paying guests on a short-term (daily, weekly basis). The residential appearance of the structure is maintained. Definition does not include hotel, motel or boarding house.
BLIGHT. A condition of a site, structure or area that may cause nearby buildings and/or areas to decline in attractiveness and/or utility. BLIGHT is the term used to determine eligibility of proposed redevelopment project areas.
BLOCK. A parcel of land entirely surrounded by streets, railroad rights-of-way, parks or other public spaces or a combination thereof.
BOARD OF APPEALS. An appointed board that hears appeals on variances and exceptions.
BOND. A certificate of debt issued by an entity, guaranteeing payment of the original investment, plus interest, by a specified future date. Funds raised through the sale of BONDS can be used for various public purposes.
BROWNFIELD. An area with abandoned, idle or under-used industrial and commercial facilities where expansion, redevelopment or reuse is complicated by real or perceived environmental contamination.
BUFFER. An area of land including landscaping, berms, walls, fences and building setbacks which is located between land used of different character and is intended to mitigate negative impacts of the more intense use of one land use on another.
BUILD-TO LINE. A zoning requirement that sets a line that a building facade must be built to. The opposite of a setback. Usually required in order to maintain a relatively uniform street view.
BUILD-OUT. Development of land to its full potential or theoretical capacity as permitted under current or proposed planning or zoning designations.
BUILDABLE AREA (also see BUILDING ENVELOPE).The portion of a lot remaining after the setbacks have been provided.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING CODE. The State Construction Code referenced in U.C.A. § 15a-1-204(8).
BUILDING ELEVATION. The entire side of a building, from ground level to the roofline, as viewed perpendicular to the walls on that side of the building.
BUILDING ENVELOPE. The space remaining on a site for structures after all building setbacks, height limit and bulk requirements have been met.
BUILDING, HEIGHT. The vertical distance in feet to the peak of the roof from average grade. Where a building is located on sloping terrain, the HEIGHT is measured from the average ground level.
BUILDING LINE. The perimeter of that portion of a building or structure nearest a property line, but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure.
BUILDING, MAIN (or PRINCIPAL BUILDING). The principal building or one of the principal buildings upon a lot, or the building or one of the principal buildings housing a principal use upon a lot.
BUILDING OFFICIAL. The official or other person charged with the administration and enforcement of this chapter and any other building-related codes.
BUILDING OR STRUCTURE, NONCONFORMING. A building, structure or portion thereof, which does not conform to the regulations of this chapter applicable to the zone or district in which such building is situated, but which existed prior to the effective date of the resolution codified in this chapter.
BUILDING PERMIT. An official document or certificate issued by a governmental authority having jurisdiction, authorizing the construction of any building. BUILDING PERMIT includes a tie-down permit for a structure or building that does not require a BUILDING PERMIT, such as a mobile home, in order to be occupied.
BUILDING, PUBLIC. A building owned and operated or owned and intended to be operated by a public agency of the United States, of the state or any of its political subdivisions.
CAMPGROUND. A privately or municipally owned site designed, designated, maintained, intended or used for the purpose of supplying a location for major recreational equipment/vehicles, open to the public for free or paying camping purposes. CAMPGROUNDS are not intended to serve as residential areas or facilities.
CAMPING TRAILER. A canvas or folding structure mounted on wheels and designed for temporary living and housekeeping purposes.
CANOPY. A roofed structure supported by a building and/or supports extending to the ground directly underneath the canopy, and providing a protective shield for the area directly below.
CAPITAL DRAINAGE FACILITIES. The planning of, engineering for, acquisition of land for or the construction of drainage facilities necessary to meet the level of service for new development.
CAPITAL FACILITY COSTS. All costs directly associated with the acquisition, design, engineering, site preparation, construction and placement of a capital facility. It excludes operation and maintenance costs, and the repair, replacement or renovation of existing capital facilities where the capital facility improvement does not add capacity.
CARPORT. A covered automobile parking space not completely enclosed by walls or doors. A CARPORT shall be subject to all regulations described in this chapter for a private garage.
CARRYING CAPACITY.
(a) The level of land use, human activity or development for a specific area that can be accommodated permanently without an irreversible change in the quality of air, water, land or plant and animal habitats.
(b) The upper limits of development beyond which the quality of human life, health, welfare, safety or community character within an area will be impaired.
(c) The maximum level of development allowable under current zoning.
CEMETERY/CREMATORIUMS. A burial place or grounds owned, operated and maintained by a municipality with endowment care feasibility and disallowed for private persons or entities in all county zones.
CHANNELIZATION.
(a) The straightening and/or deepening of a watercourse for purposes of storm-runoff control or ease of navigation. CHANNELIZATION often includes lining of stream banks with a retaining material like concrete.
(b) At the intersection of roadways, the directional separation of traffic lanes through the use of curbs or raised islands that limit the paths that vehicles may take through the intersection.
CLINIC. An establishment where patients are not lodged overnight but admitted for out-patient services.
CLUB. Building and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose.
CLUSTERING. The grouping of structures, courts, cul-de-sacs or short streets – more closely than in conventional residential plans – in order to preserve agriculture, natural site amenities and open space.
CODE ENFORCEMENT OFFICER. Any authorized agent or employees of the county whose duty is to assure code compliance.
COLLECTOR STREET. See STREET, COLLECTOR.
COMMERCIAL. A land use classification that permits facilities for the buying and selling of commodities and services.
COMMERCIAL DOG KENNEL. A place where five or more dogs over six months of age and/or five or more cats over six months of age, irrespective of duration, are boarded, bred, bought, sold, exhibited or trained for compensation, but not including a pet shop, animal shelter veterinary clinic/hospital where boarding is incidental to treatment.
COMMERCIAL FEEDLOT. Any tract on which the principal use is the raising of, or the concentrated feeding of, livestock, fowl or any other edible animals for the sale of such animals or the sale of products derived from such animals. Does not include dairies. Swine and mink operations are also not included or allowed for COMMERCIAL FEEDLOTS.
COMMERCIAL VEHICLE. A vehicle which is not used solely for personal non-business activities.
(a) The following factors will be considered when determining commercial status:
1. Outside lettering designating a business of any kind;
2. Use of vehicle; and
3. Size of vehicle.
(b) The following types of vehicles shall be considered COMMERCIAL for the purposes of this chapter, but shall not be the only types of vehicles considered as COMMERCIAL: truck cab, semi-trailer, tow truck, stepvan, construction vehicle, bus, trailer or utility trailer, a vehicle outfitted for commercial purposes or a vehicle with three or more axles.
COMMON OPEN SPACE. The land area in planned unit development (PUD) reserved and set aside for agricultural or recreational use, landscaping, open green areas, parking and driveway areas for the common use and enjoyment of the residents of the PUD.
COMPATIBILITY. Land uses that are congruous, similar and in harmony with one another because they do not create or foster undesirable health, safety or aesthetic effects arising from direct association of dissimilar, contradictory, incongruous or discordant activities, including the impacts of intensity of use, traffic, hours of operation, aesthetics, noise, vibration, smoke, hazardous odors, radiation, function and other land use conditions.
COMPOSTING FACILITY. A facility that is designed and used for transforming, through biological decomposition, food, yard wastes and other organic material into soil or fertilizer. This use does not include backyard composting bins serving individual families.
COMMUNITY CHARACTER. The image of a community or area as defined by factors such as built environment, natural features and open space elements, type of housing, architectural style, infrastructure and the type and quality of public facilities and services.
COMMUTE SHED. The area from which people may commute from their homes to a specific workplace destination, given certain assumptions about maximum travel time or distance.
COMPLETE APPLICATION. A land use application under this chapter, accompanied by required checklist information and associated fees, filled out by an applicant, and where the authorized county officials have reviewed the submitted information and deemed it complete.
COMPLETE STREETS. Streets designed to accommodate all modes of travel and enable safe access for all users. Pedestrians, bicyclists, motorists and bus riders of all ages and abilities are able to safely move along and across a COMPLETE STREET.
CONCURRENCY. Installing or operating facilities and services needed to meet the demands of new development simultaneously (or concurrently) with the development.
CONDEMNATION. The exercise by a public agency of the right of eminent domain.
CONDITION OF APPROVAL. A condition imposed as part of, or associated with, the issuance of a valid local government development order.
CONDITIONAL USE. A use which is permitted by this chapter, provided that certain conditions specified in this chapter are met and that a permit for such use is granted by the County Planning Commission.
CONGREGATE LIVING FACILITY. A residential land use consisting of any building or section thereof, residence, private home, boarding home, home for the aged or any other residential structure, whether or not operated for profit, which undertakes, for a period exceeding 24 hours, care, housing, food service and one or more personal services for persons not related to the owner or administrator by blood or marriage. In addition, the term shall include rehabilitative home care development service housing, senior housing and adult congregate living facilities for the physically impaired, mentally retarded, developmentally disabled persons or persons 60 years of age or older.
CONSTRUCTION. The placement, assembly, erection, substantial repair, alteration or demolition of a building or structure on land, the placement of concrete, asphalt, similar materials on land or grading or earthwork of land.
CONTIGUOUS. Lands separated only by streets, easements, pipelines, power lines, conduits, rights-of-way under ownership of the land owner of one of the subject parcels, a property owners association or a governmental agency or a public utility. For density purposes only, CONTIGUOUS means lots that share a common border. (Lots that touch point-to-point, and lots which are separated by waterways, streets or major easements are not considered contiguous for density calculations.)
CORRAL. A space, other than a building, used for the confinement of animals.
COTTAGE INDUSTRY. A small, individual owned business or concern that functions without altering the residential character of the neighborhood, and which does not create any negative impacts on the public health, safety and general welfare of the adjacent property owners.
COUNTY. Sevier County, Utah.
COUNTY COMMISSION. The elected Board of County Commissioners of the county (CC).
COVENANT. A private legal restriction that places a burden on a parcel of land in favor of another parcel. The restriction is recorded in the deed. COVENANTS are most commonly used in the establishment of a subdivision to restrict the use of all individual lots in the development to a certain type of use (like single-family units), but may also be used to guarantee views and solar access.
CURB CUT. A ramp opening in a curb where vehicles or wheelchairs may enter or leave the roadway.
DAIRY. An area of land on which cows are kept for the purpose of manufacturing, processing or producing dairy products in commercial quantities, as well as the related buildings and equipment.
DAY CARE CENTER. A building or structure where six or more children are regularly cared for during the day for compensation for commercial use. Non-commercial is considered home-based business.
DEFENSIBLE SPACE.
(a) In firefighting and prevention, an area of non-combustible surfaces separating urban and wild land areas.
(b) In urban areas, open spaces, entry points and pathways, configured to provide maximum opportunities to rightful users and/or residents to defend themselves against intruders and criminal activity.
DENSITY. The ratio of the number of dwelling units per acre of land.
DESIGN REVIEW. The comprehensive evaluation of a development and its impact on neighboring properties and the area as a whole, from the standpoint of site and landscape design, traffic, drainage, public safety and signs, in accordance with a set of adopted criteria and standards. DESIGN REVIEW refers to a system set up outside of the zoning ordinance, whereby projects are reviewed against certain standards and criteria by the Planning Commission.
DEVELOPABLE LAND. Land that is suitable as a location for structures and that can be developed free of significant impact on natural resource areas.
DEVELOPER. Any person, including a governmental agency, undertaking any development.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions, or substantial alterations to buildings, structures or accessory structures; roads; bridges; placement of mobile homes; ditching, lagooning, dredging, filling, grading, paving, excavating or drilling operations; and the deposition or extraction of earthen materials.
DEVELOPMENT RIGHTS. The right to develop land held by the landowner or by a party other than the owner who has obtained the rights to develop.
DISPOSITION, OFF-SITE. The off-premises transportation of excavated material.
DISPOSITION, ON-SITE. The on-premises use of extractive or excavated material.
DOMESTIC LIVESTOCK. Those fowl, cattle, dairy animals, swine, sheep, goats and other animals, such as horses, which are kept or raised for use or for pleasure as part of the overall agricultural operation and which are not part of a commercial feedlot.
DRAINAGE BASIN. A sub-area of a watershed which contributes stormwatwer runoff to a watercourse tributary to the main receiving water.
DRAINAGE SYSTEM. One or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.
DRY CLEANER. An establishment which has as its sole purpose the cleaning of fabrics with substantially non-aqueous organic solvents. Laundry establishments with self-service, coin-operated dry-cleaning machines shall not be classified as a DRY CLEANER.
DWELLING. A building designed or used exclusively as the living quarters of one or more families, but not including hotels, tourist cabins and boarding houses.
DWELLING, SINGLE-FAMILY. A building arranged or designed to be occupied by one family, the structure having only one dwelling unit.
DWELLING UNIT. A room or group of rooms (including sleeping, eating, cooking and sanitation facilities, but not more than one kitchen), which constitutes an independent housekeeping unit, occupied or intended for occupancy by one household on a long-term basis.
EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose of any designated part of his or her property.
EDUCATIONAL INSTITUTION. A public elementary or secondary school or a private educational institution having a curriculum like that ordinarily given in public schools.
EMINENT DOMAIN. The right of a public entity to acquire private property for public use upon the payment of just compensation.
EMPOWERMENT ZONES. Areas designated by the U.S. Department of Housing and Urban Development where businesses may be eligible for tax credits and other financial incentives for hiring local residents.
ENCROACHMENT. Any obstruction or protrusion into a right-of-way or adjacent property, whether on the land or above it.
ENGINEER. A person licensed and registered as a professional engineer in the state.
ESSENTIAL SERVICES. Services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include surface, underground or overhead gas, electrical, steam, water, sanitary sewage, stormwater drainage and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewer pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants, but not including buildings.
FAMILY. An individual or two or more persons related by blood, marriage or adoption living together in a dwelling unit. Guests in excess of two who pay for meals or room shall be considered as borders. A common household shall be deemed to exist if all members thereof have access to all parts of the dwelling.
FARM ANIMALS. Animals other than household pets that shall be permitted to be kept and maintained for commercial production and sale and/or family food production, education or education. FARM ANIMALS are identified as large (i.e., horses, cattle); medium (i.e., sheep, goats); or small (i.e., rabbits, chickens).
FARM LABOR DWELLING. A dwelling located on a farm for the purpose of housing an employee of that farm operation and his or her family.
FENCE. A tangible barrier or obstruction of any material, with the purpose or intent, or having the effect of preventing passage or view across the FENCE line. It includes hedges and walls.
FLOOD. An overflow of water onto lands not normally covered by water. FLOODS have two essential characteristics: the inundation of land is temporary, and the land is adjacent to and inundated by overflow from a watercourse, lake or other body of water. Terms associated with FLOODING include: FREQUENT, which means flooding which occurs more than once every two years on the average; and TEN-YEAR FLOOD ELEVATION, which means that flood elevation which has a ten in 100 probability of being equaled or exceeded in any calendar year.
FLOOD INSURANCE RATE MAP (FIRM). The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency that includes flood profiles, as well as the flood hazard boundary map and the water surface elevation of the base flood.
FLOODPLAIN. The land area adjacent to the normal limits of a watercourse or water body which is inundated during a flood event of specified magnitude or return period.
FLOOR AREA. The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed terraces. All dimensions shall be measured from the exterior faces of the exterior walls.
FLOOR AREA RATIO (FAR). The ratio of the gross floor area of all structures on a lot to the lot area, excluding vertical core circulation areas for multi-story structures.
FOREST INDUSTRIES. A sector of the economy in which an aggregate of establishments is engaged in the management of an extensive area of woodland, often to produce products and benefits, such as timber, wildlife habitat, clean water, biodiversity and recreation.
FOREST PRODUCTION DEVELOPMENT. Any material developed and derived from forestry for direct consumption or commercial use, such as lumber, paper or forage for livestock.
FRONTAGE (see LOT WIDTH illustration). The width of the lot or parcel of land measured at the front setback line.
FUEL MODIFICATION. A method of modifying fuel load by reducing the amount of non-fire-resistive vegetation or altering the type of vegetation to reduce the fuel load.
GARAGE. A building or portion thereof, other than a private storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor driven vehicles. The term
REPAIRING shall not include an automotive body repair shop or the rebuilding, dismantling or storage of wrecked or junked vehicles.
GARAGE, PRIVATE. An enclosed space or accessory building for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises. A garage shall be considered part of a dwelling if the garage and dwelling have a roof or wall in common or are connected structurally by a physical connection, such as a wall, trellis or solid fence.
GENERAL PLAN. A plan adopted by the County Planning Commission which shows the most appropriate use of land within the county.
GRADE.
(a) Leveling or smoothing the contours of a property.
(b) The rate of rise or descent of a sloping surface, usually expressed in degrees or a percentage calculated by the number of feet of rise per 100 feet of horizontal distance (a 10% grade would mean a ten foot vertical rise over 100 feet of horizontal distance).
(c) The lowest point of elevation within the area between the building and a line five feet from the building.
GRAVEL PIT. All sites where gravel or minerals will be extracted by an open pit method; to all sites where such extracted earth products are stockpiled; and to sites where overburden and leftover earth materials are placed in waste dumps.
GREENHOUSE/NURSERY. An enclosed structure enclosed and used for the cultivation or protection of tender plants. If the product of the GREENHOUSE/NURSERY is sold, a business license will be required by the county.
GREENWAYS. Linear open spaces that link parks and neighborhoods within the community, such as paths or trails.
GROSS LAND AREA. The total area, including all public and private areas within the legal boundaries of a particular parcel of land or project.
GROUND FLOOR. A level of building, the floor of which is located not more than two feet below nor more than six feet above the finished grade.
GROUNDWATER RECHARGE AREA. Areas that support the natural process of infiltration and percolation of rainwater from land areas or streams through permeable soils into water-holding rocks that provide underground storage (aquifers).
GROUP HOME; GROUP CARE FACILITY. Any facility used to provide non-medical residential care, day treatment, adult day care or foster family agency services.
HANDICAPPED SPACES. Parking spaces designed, marked and reserved for exclusive use by persons properly registered as handicapped.
HISTORIC PRESERVATION. The preservation of historically significant structures and neighborhoods to facilitate restoration and rehabilitation of the building(s) to a former condition.
HOME OCCUPATION. A business, profession, occupation or trade conducted within a dwelling unit for gain or support by a resident of the dwelling unit pursuant to the limits of this code.
HOSPITAL. Unless otherwise specified, the term HOSPITAL shall be deemed to include sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
HOTEL/MOTEL. A facility offering transient lodging accommodations to the general public, which shall provide additional services, including restaurants, meeting rooms and recreational facilities, and may also provide other customary accessory services.
HOUSEHOLD. All those persons, related or unrelated, who occupy a single housing unit.
HOUSING UNIT. A house, an apartment, a mobile home or trailer, a group of rooms or a single room that is occupied as a separate living quarters, or, if vacant, is intended for occupancy as a separate living quarters.
IMPERVIOUS SURFACE. Any area of land consisting of or covered by material that prevents absorption of water into the ground.
IMPROVED LAND. Land to which basic utilities, such as roads, sewers, water lines and other public infrastructure facilities, have been added and/or land upon which buildings or other structures have been erected.
INCOMPATIBILITY OF LAND USE. Issues arising from the proximity or direct association of contradictory, incongruous or discordant land uses or activities, including the impacts of noise, vibration, smoke, odors, toxic matter, radiation and similar environmental conditions.
INDOOR RECREATION. A building or structure which contains sports or recreation facilities, including, but not limited to, indoor swimming pools, ice arenas, curling rinks, courts for racquet sports, exercise centers, martial arts studios, gymnastics facilities, climbing walls, roller rinks, bowling alleys, miniature golf, batting cages, billiard halls and minor retail sales and services customarily associated with and accessory to such facilities.
INFILL DEVELOPMENT. Development of vacant or underutilized land (usually individual lots or leftover properties) within areas that are already largely developed.
INFRASTRUCTURE. Construction, such as, but not limited to, streets, curbs, gutters, sidewalks, fire hydrants, storm drainage facilities and water, sewer and gas systems or parts thereof.
INSTITUTIONAL USES.
(a) Publicly or privately owned and operated activities like hospitals, convalescent hospitals, intermediate care facilities, nursing homes, museums and schools and colleges;
(b) Churches and other religious organizations; and
(c) Other nonprofit welfare, educational or philanthropic activities that cannot be considered residential, commercial or industrial uses.
INTENSITY. The concentration of activity, such as a combination of the number of people, cars, visitors, customers, hours of operation, outdoor advertising and the like.
INTERNAL ACCESSORY DWELLING UNIT. An accessory dwelling unit that is used incidentally to a primary dwelling and is created:
(a) Within a primary dwelling;
(b) Within the footprint of the primary dwelling described in division (a) above at the time the INTERNAL ACCESSORY DWELLING UNIT is created; and
(c) For the purpose of offering a long-term rental of 30 consecutive days or longer.
INTERNATIONAL BUILDING CODE (IBC). The current edition of the International Building Code.
JUNK YARD or AUTOMOBILE WRECKING YARD. The use of premises for the open storage of old, wrecked, non-operable, dilapidated automobiles, trucks, tractors and other such vehicles and parts thereof; scrap building materials, scrap contractor’s equipment, tanks, cases, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper excelsior, hair, mattresses, beds or bedding or any other kind of scrap or waste material.
KENNEL. A commercial establishment for the breeding, sale, grooming or boarding of small animals and household pets not necessarily owned by the occupants of the premises.
LABORATORY. A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not including facilities for manufacture of products for sale.
LAND USE. Any activity which is subject to the regulation of this county which is conducted on, below and/or in the space above the surface of the earth to a height of 500 feet within the boundaries of the county except those areas subject to the zoning authority of the incorporated municipalities within the county.
LAND USE AUTHORITY. See ADMINISTRATIVE LAND USE AUTHORITY.
LANDMARK.
(a) A building, site, object, structure or significant tree having historical, architectural, social or cultural significance and marked for preservation by the local, state or federal government.
(b) A visually prominent or outstanding structure or natural feature that functions as a point of orientation or identification.
LANDSCAPING. Any combination of living plants (such as grass, ground cover, shrubs, vines, hedges or trees) or non-living landscape material (such as rocks, pebbles, sand, mulch, walls, fences or decorative paving materials). LANDSCAPING may include the preservation and incorporation of existing trees, vegetation or ecosystems into site development.
LEAPFROG DEVELOPMENT. New development separated from existing development by substantial vacant land.
LEGAL DESCRIPTION. A metes and bounds description of a parcel of land filed in accordance with the requirements of the state and the county.
LEVEL OF SERVICE (LOS). An indicator of the extent or degree of service provided by, or proposed to be provided by, a public facility or service based on and related to the operational characteristics of the public facility or service.
LIGHT CUT OFF. A luminaire with elements, such as shields, reflectors or refractor panels, which direct light and eliminate light spillover and glare.
LIMITED RESIDENTIAL SUBDIVISION. A subdivisions of land that the applicant indicates on the application is intended to be occupied by two or more single-family, two-family/duplex or single-family row house dwellings and is located on land that is zoned to allow such use.
LIVESTOCK RAISING. Breeding, raising and caring for animals that are used for products. LIVESTOCK shall also include horses.
LODGE. A building containing no more than 15 bedrooms for the temporary occupancy of guests, without cooking facilities in each unit. Accessory facilities may include any or all things customarily associated with LODGES.
LOT. A parcel of land, as identified by having a single parcel identification code number in the records of the County Assessor, and as created under the subdivision laws of the state and the ordinances of the county.
LOT, AREA OF. The contiguous, not separated by public roadway, of a lot between its front, rear and side lot lines. LOT AREA must meet the minimum lot area requirements.
LOT LINE ADJUSTMENT. The adjustment of a lot line between two or more existing parcels where land taken from one parcel is added to an adjacent parcel and where a greater number of parcels than originally existed is not thereby created.
LOT, THROUGH (DOUBLE-FRONTAGE LOTS). A lot having frontage on two parallel or approximately parallel streets. The lots, for the purposes of this chapter, shall have two street frontages and two front yards.
LOT WIDTH. The distance across a lot or parcel of property measured along a line parallel to the front lot line, or parallel to a straight line connecting the ends of an arc which constitutes the front lot line.
LOT, WIDTH (FRONTAGE). The width of the lot or parcel of land measured at the front setback line.
LUMINAIRE. A complete lighting unit, consisting of a light source and all necessary mechanical, electrical and decorative parts.
MANUFACTURED HOME. Residential structures that are constructed entirely in a factory. These are regulated under the federal Manufactured Home Construction and Safety Standards Act of 1974 by the U.S. Department of Housing and Urban Development and meet foundation standards of the IBC.
MAP. The zone map of the county.
METES AND BOUNDS. A system of describing or identifying land using measures (METES) and direction (BOUNDS) from an identifiable point of reference like a monument or other marker, the corner of intersecting streets or some other permanent fixture.
MEZZANINE. A low-ceilinged story between two main stories of a building. A MEZZANINE shall be counted as one story if it covers more than one-third of the area of the floor next below.
MINERAL. A naturally occurring element or combination of elements; metallic, non-metallic or mineral fuel that occur in the earth but shall not include soil. Without limitation due to enumeration, the MINERALS of interest include:
(a) METALLIC. Iron ore, copper, zinc, silver, gold, nickel, cerium, chromite, columbium, magnesite, molybdenite, vanadium and zircon;
(b) MINERAL FUEL. Petroleum, natural gas, coal, peat and nuclear fuel source materials; and
(c) NON-METALLIC. Stone, sand and gravel, clay talc, asbestos, graphite and marble.
MINERAL EXTRACTION. The excavation or recovery of metallic, non-metallic or mineral fuels through processes and techniques, such as digging, drilling, strip-mining, quarrying and underground methods, shall include the extraction of topsoil when such activities are undertaken or proposed to be undertaken as a distinct land use.
MINING, DRILLING, DIGGING, QUARRYING and the like. All or part of the process involved in the extraction and processing of mineral materials. Such activities shall normally be divided into four distinct phases:
(a) Exploration: On-site, geologic examination from the surface of an area by seismic core, rotary, percussion or other drilling or testing for the purpose of searching for mineral deposits. Exploration includes associated activities such as clearing and preparing sites or constructing roads for drilling;
(b) Prospecting: Examination of an area for the purposes of determining the quality and quantity of minerals other than by exploration, but including the obtaining of samples by physical means;
(c) Operation: Mineral extraction and/or processing for commercial purposes, including such operations as aggregate or ready mix plants; mixing of asphalt; mining or drilling services; processing topsoil; washing, refining or processing of metallic, non-metallic or mineral fuel materials; and
(d) Reclamation: Process by which an area physically or environmentally affected by mineral extraction activities is rehabilitated to either its original state or to a pre-agreed state of long-term environmental stability.
MITIGATION MEASURES. Measures that modify a project to reduce or eliminate a significant environmental impact.
MIXED USE. A group of different uses of land within a building for which applications for development permits are sought.
MOBILE HOME. Any structure manufactured or assembled prior to June 15, 1976, and/or originally designed to be capable of transportation by any motor vehicle upon public highways which does not require substantial on-site fabrication, which is intended for occupancy as a year-round residence.
MOTOR HOME. A portable structure constructed as an integral part of a self-propelled vehicle designed and used for temporary living and housekeeping purposes, including converted school buses and vans.
MULTI-FAMILY. The use of a structure designed for two or more dwelling units which are attached, or the use of a lot for two or more dwelling units excluding mobile homes.
MUNICIPAL SERVICES. Services traditionally provided by local agencies, including water and sewer, roads, parks, schools and police and fire protection.
NATURAL WATERWAYS. Those areas, varying in width, along streams, creeks, gullies, springs or washes which are natural drainage channels as determined by the Chief Building Official and in which areas no buildings shall be constructed.
NET ACREAGE. The portion of a site that can actually be built upon. The following generally are not included in the NET ACREAGE of a site: public or private road rights-of-way, public open space and floodways.
NON-COMMENCEMENT. The failure to begin, or the discontinuation of, construction activity that would make a material change in a structure as evidenced by the cancellation, lapsing or revocation of a building permit; or the failure to begin, or the discontinuation of, any other land use activity that would make a material change in the use of land.
NONCONFORMING LOT. A single lot, tract or parcel of land of record that was conforming at the time of its creation, but which fails to meet the requirements for area, width or depth under the current regulations of this code.
NONCONFORMING STRUCTURE. A structure that was lawfully established before this code was adopted or amended, that does not conform to the property development regulations of area, height, lot coverage, yard setbacks, lot location, parking or other dimensional requirements for the zoning district in which it is located.
NONCONFORMING USE. A use that was lawfully established before this code was adopted or amended which does not conform to the use regulations of the zoning district in which it is located.
NOTICE (OF HEARING). A legal document announcing the opportunity for the public to present their views to an official representative or board of a public agency concerning an official action pending before the agency.
OFF-SITE IMPROVEMENTS. Improvements constructed outside of the boundaries of the project which are required as a part of a development approval.
OFFICES. A building, room or department wherein a business or service for others is transacted, but not including the storage or sale of merchandise on the premises.
OPEN SPACE. Any parcel or area of land or water that is essentially unimproved and devoted to an open space use for the purposes of:
(a) The preservation and/or conservation of natural resources;
(b) The managed production of resources;
(c) Outdoor recreation; or
(d) Public health and safety.
OUTBUILDING. A detached accessory building constructed on a residential lot housing a garage, accessory apartment or handicapped or elderly apartment.
OUTDOOR RECREATIONAL VEHICLE STORAGE. A commercial development which provides fenced, secure, on-site storage of three or more recreational vehicles, boats and all-terrain vehicles. All vehicles shall be currently licensed and ready for highway use.
OVERLAY. A land use designation on the General Plan land use map, or a zoning designation on a zoning map, that modifies the basic underlying designation in some specific manner.
OWNER. Any person, association, partnership or corporation which has dominion over, ultimate control of or title to real property.
PARCEL OF LAND. A unit of land legally established property lines.
PARKING LOT. An off-street, private or public area constructed at grade which is used for the temporary parking of automobiles, motorcycles and trucks. PARKING LOTS include access aisles, ramps, maneuvering and all vehicle use areas.
PARKING SPACE, OFF-STREET. An area not in a street or alley, exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a driveway which affords ingress and egress for a vehicle.
PERMANENT FOUNDATION. A continuous perimeter stem wall constructed of reinforced concrete or masonry set on approved footings and as required by the International Building Code and Uniform Building Code.
PERMITTED USE. An authorized use within a zoning district.
PERSONAL SERVICES. Uses such as beauty shops, barber shops, dry cleaners, mailing services, self-service laundromats and similar uses which provide service to the public individually.
PLANNED UNIT DEVELOPMENT (PUD). A development in which the regulations of the zone in which the development is situated to allow flexibility and initiative in site and building design and location in accordance with an approved plan and imposed general requirements. Detailed development standards are established during the process of considering proposals and adopted by ordinance upon project approval.
PLANNING COMMISSION. The County Planning Commission (PC).
PLAT. A map or delineated representation of the subdivision of lands, being a complete, exact representation of the subdivision and other information.
PRIMARY DWELLING. A single-family dwelling that is detached and is occupied as the primary residence on the property.
PRIMARY USE. A land use listed in the land use matrix which occupies the greater portion of a lot or parcel or is the more intense use of two uses on a lot or parcel.
PRIME FARMLAND. Land that has the best combination of physical and chemical characteristics for the production of crops as determined by the U.S. Department of Agriculture.
PRIVATE DRIVE. A non-dedicated thoroughfare or road used exclusively for private access to and from private land or developments.
PROCESS. A series of acts of changes proceeding one to the next; a method of manufacturing or conditioning; or to submit something to a treatment or preparation.
PUBLIC USE. A use operated exclusively by a public body, or quasi-public body, such use having the purpose of serving the public health, safety or general welfare, and including uses, such as public schools, parks, playgrounds and other recreational facilities, law enforcement and fire-rescue facilities, administrative and service facilities and public utilities.
PUBLIC UTILITY. An entity owning, operating, managing or controlling a system or proposing construction of a system that is providing or proposing to provide water or sewer service, electricity, natural or manufactured gas or any similar gaseous substance, telephone, telegraph or other communication service to the public for compensation.
QUASI-PUBLIC USE. A use operated by a private nonprofit educational, religious, recreational, charitable or philanthropic institution, such use having the purpose primarily of serving the general public, such as churches, private schools and universities, and similar uses.
RECLAMATION. Increasing land use capability to be made suitable for development, by changing the land’s character or environment through drainage, fill or revegetation.
RECREATION, COMMERCIAL. Recreation facilities operated as a business on private or public property and open to the public for a fee, such as a golf course, ski lift, tennis court and the like, and support facilities customarily associated with the development.
RECREATIONAL DWELLING. Cabins and other permanent structures built for recreational use only and not to be used as a primary dwelling unit. Does not include travel trailers, trailer, recreational vehicles and mobile homes, unless permitted and connected to an approved septic system.
RECREATIONAL VEHICLE. A vehicle such as a recreational trailer, camper trailer, truck campers, travel trailer, camp car or other vehicle with or without motive power, designed and/or constructed to travel on the public thoroughfare in accordance with the provisions of the Utah Vehicle Code, designed for the use of human habitation.
RECREATIONAL VEHICLE PARK. A land area under unified control designed and intended to accommodate ten or more short-term, overnight parking of recreational vehicles and not for permanent residential use. RV PARKS are permitted in select zoning districts in the county through a conditional use permit. Permitted RV PARKS in the county shall meet minimum criteria, including, but not limited to: RV PARKS will provide facilities, including restrooms, showers and a state approved waste disposal system. Areas in the Agricultural Zone must have one public hearing at the CC level.
RECYCLE CENTER. Any facility which is maintained and operated for the purpose of receiving, collecting and processing source-separated recyclable materials for resale or transfer. For the purposes of this definition, PROCESSING shall mean the modification of materials by baling, crushing, grinding, chipping or other means to prepare the materials for markets.
REGIONAL CAMPS AND RESORTS. A temporary establishment of living facilities, such as tents, cabins or RV spaces, in which someone lives or stays for a period of time not to exceed 30 consecutive days. The number of living facilities shall not exceed ten total.
RELIGIOUS ACTIVITIES. Any daily, weekly or periodic activity associated with or that occurs at a religious institution.
RELIGIOUS INSTITUTION. A premises or site which is used primarily or exclusively for religious worship and related religious ecclesiastical or denominational organization or established place of worship, retreat, site, camp or similar facilities owned or operated by a bona fide religious group for religious activities shall be considered a RELIGIOUS INSTITUTION.
RESIDENTIAL. Land designated in the city or county General Plan and zoning ordinance for buildings consisting primarily of dwelling units. May be improved, vacant or unimproved land.
RETAIL. The sale of consumer goods directly to the user of the product; may include storage of goods sold in sufficient quantities to meet daily needs. May include sale in large size packages used as pricing incentives.
REZONING. An amendment to the map and/or text of a zoning ordinance to effect a change in the nature, density or intensity of uses allowed in a zoning district and/or on a designated parcel or land area.
RIGHT-OF-WAY. A strip of land dedicated or deeded to the perpetual use of the public.
SALVAGE YARD. A solid waste disposal site or facility at which salvageable materials are stored or sold or at which wrecking, dismantling or demolition of salvageable materials are conducted. SALVAGE YARDS do not include operations conducted by scrap metal, paper, fiber or plastic processors, or small storage areas for equipment such as are normally found adjacent to industrial and commercial establishments.
SALVAGEABLE MATERIAL. Inoperable and/or unlicensed vehicles, machinery or equipment, scrap metal or other junk or scrap materials which are of further usefulness mainly as a raw material for reprocessing, or as imperfect stock from which replacement or spare parts can be extracted.
SANITARY LANDFILLS. Locations where trash, garbage, organic materials are buried and maintained in accordance with local, state and federal regulations.
SCREENING. Landscaping, berms, fences, walls or any combination thereof used to block or significantly obscure, in a continuous manner, the view from one area to another.
SETBACK. The required minimum horizontal distance between any structure and the related front, side or rear property lot line or base building line.
SETBACK ENCROACHMENTS. All buildings and structures must be located at or behind the required setbacks except as shown in the illustration below. No building or structure can extend into a required easement or public right-of-way.
SERVICE STATION. Any land, building, structure or premises used for the sale of fuel for motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing of motors, bodies or painting of motor vehicles and excluding public parking garages.
SHOPPING CENTER. A multi-entity commercial complex under single ownership or control which leases space to various commercial establishments.
SHORT-TERM RENTAL. A rental of a residential dwelling for periods of time not to exceed 31 consecutive days.
SHORT-TERM VACATION RENTALS (SHORT-TERM RENTAL). A residential unit, or any portion of a residential unit, that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days.
SIGHT DISTANCE. The extent of unobstructed vision in a horizontal and vertical plane.
SIGHT DISTANCE TRIANGLE. An area formed by the curb lines or edges of the roadway and a straight line from the driver’s eye on one street to an object on the other street. (Distances for different roadway types are calculated by AASHTO standards).
SIGN. Any structure or natural object or part thereof or device attached thereto or printed or represented thereon which is intended to attract attention to any object, product, place, activity, person, institution, organization or business, or which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement.
SINGLE-FAMILY DWELLING. A freestanding residential building providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
SITE-RELATED IMPROVEMENTS. Road construction or road improvements at or near the development site which are necessary to interface the development’s external trips with the major road network system, or which are necessary to interface the development’s internal trips with the major road network system where a portion of the major road network system is included within the development.
SMALL SUBDIVISION. Contiguous property which is partitioned into four or fewer lots usually qualifies as a minor land division.
SPILLOVER LIGHT. Light that is distributed into areas where the illumination is not needed or intended.
SQUARE FOOTAGE. The gross constructed area of all buildings and structures covered by a solid or screened roof and totally or partially enclosed by walls or other material. Nonresidential outdoor areas covered or uncovered which functionally extend the primary use, such as open seating and open retail are included, except that uses which generally completely occur outdoors, such as vehicle or monument sales, nurseries, gasoline sales, salvage yards and outdoor storage are not included. Nonresidential canopies and screened enclosures which functionally extend the primary use are included. Decorative canopies or canopies designed to protect from weather are not included.
STABLE. A building in which domestic animals, such as horses, ponies and cattle, are sheltered and fed, having stalls or compartments.
STORMWATER DETENTION. Any storm drainage technique that retards or detains runoff, like detention or retention basins, parking lot storage, rooftop storage, porous pavement or dry wells.
STORY, BUILDING. The part of a building between the surface of the floor and the ceiling immediately above. The maximum height shall be 14 feet measured from the finished floor to the finished ceiling. Attics and raised basements shall not be included in calculations of a BUILDING STORY unless they are used for residential or parking purposes.
STREET. A public thoroughfare, or right-of-way, dedicated, deeded or condemned for public use and which affords the principal means of access to abutting property. The word STREET includes road, avenue or land, but does not include alley.
STREET RIGHT-OF-WAY. Publicly owned land that contains both the street and a strip of land on either side of the street with facilities, such as sidewalks, sewers and storm drains.
STRUCTURAL ALTERATIONS. Any change in supporting members of a building, such as bearing walls, columns, beams or girders.
STRUCTURE. All construction, including residences, commercial buildings, freestanding walls, antennas, signs, towers, bridges, culverts or similar uses which may require a building permit issued by the county.
SUBDIVIDER. Any person, firm, corporation, partnership or association who shall lay out, for the purpose of sale or building development, any subdivision or part thereof as defined herein.
SUBDIVISION. The division of land, whether improved or unimproved, whether previously platted or not, into two or more contiguous lots for the purpose, whether immediate or future, of transfer of ownership. The term shall include any modification of legal boundaries for the purpose of redividing or combining any lot(s) depicted on a record plat, or on a certified survey or other map recorded pursuant to an affidavit of exemption or affidavit of waiver. When appropriate to the text, the term refers to the process of subdividing or the land proposed to be or which has been subdivided.
SUBSTANDARD HOUSING. Residential dwellings that, because of their physical condition, do not provide safe and sanitary housing.
SUBSTANTIAL CHANGE IN LAND USE. Either:
(a) A change in land use or site design that increases the intensity of land use;
(b) A change in land use or site design that creates or increases incompatibility of adjacent land uses; or
(c) An increase in the total floor area of multiple-family dwellings or nonresidential buildings which results in increased traffic.
SUBSTANTIAL IMPROVEMENT. Any combination of repairs, reconstruction or improvement of a structure, where the improvement creates additional enclosed space that contains equipment or utilities relative to the primary structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any development for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Place.
SWINE OPERATION. Any swine operation with a concentrated number of 300 or more swine.
TEMPORARY. A single period or an accumulation of periods not exceeding 90 consecutive days in any 365-day period unless further restricted.
TOWNHOUSE. A dwelling unit located on an individual lot and attached by at least one but no more than two party wall(s) along 50% of the maximum depth of the unit, to one or more other dwelling units; has a continuous foundation; each on its own lot, with said party wall(s) being centered on the common property line(s) between adjacent lots.
TRIP. A one-way movement of vehicular travel from an origin (one TRIP end) to a destination (the other TRIP end).
TRIP GENERATION. The attraction or production of trips caused by a given type of land development.
TRUCK, COMMERCIAL. Any combination of vehicles defined as a “truck” by state statute.
TRUCK ROUTE. A path of circulation required for all vehicles exceeding set weight or axle limits; a TRUCK ROUTE follows major arterials through commercial or industrial areas and avoids sensitive areas.
UNDEVELOPABLE. Specific areas where topographic, geologic and/or soil conditions indicate a significant danger to future occupants and a liability to the city or county are designated as UNDEVELOPABLE by the county.
UNNECESSARY HARDSHIP. The circumstances where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of considering the purposes of this chapter.
USE, ACCESSORY. A permitted use that is customarily associated with the principal use and clearly incidental to the principal use and is subordinate in area, extent or purpose to and serves only the principal use.
USE, NONCONFORMING. (See NONCONFORMING USE.)
USE, PERMITTED. Any use lawfully occupying land or buildings as authorized in the zone regulations and for which no conditional use permit is required.
USE, PRINCIPAL. The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term PERMITTED USE or its equivalent shall not be deemed to include any nonconforming use.
UTILITY. A government or franchised provider of water, sewer, electric, gas, phone, cable television or similar service.
UTILITY DISTRIBUTION FACILITIES. Any electrical distribution lines, natural gas distribution lines, minor gas regulator stations, cable television lines, telegraph and telephone lines and gathering lines or other minor service facilities. This use is not required to be located on a building lot or to comply with the minimum lot size requirement for the district in which it is located, but no buildings are allowed, and the use is limited to the following sizes:
(a) Gas lines less than 12 inches; and
(b) Electric lines of less than 115,000 volts.
UTILITY STATION MINOR. Any company that owns or operates facilities within the county for the generation, transmission or distribution of electric energy for sale, for the production, storage, transmission or distribution, otherwise than in enclosed portable containers, of natural or manufactured gas or geothermal resources for sale for heat, light or power, or for the furnishing of telephone service, sewerage facilities or water.
VALID. A development order or other authorization which was legally issued, and that has not expired, lapsed or been abandoned, revoked or canceled; or is not subject to such by the passage of time or the conduct of the owner or developer, and on which or for which all conditions of approval are satisfied that must be satisfied by the terms or conditions of approval.
VARIANCE. Relief from certain provisions of a zoning ordinance granted to a property owner when, because of the particular physical surroundings, shape or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make a development project more profitable.
VEHICULAR USE AREA.
(a) Either:
1. An area designed or used for off-street parking; or
2. An area used for loading, circulation, access, storage or display of motor vehicles.
(b) Designated parking areas on public or private streets shall not be considered a VEHICULAR USE AREA.
VESTED RIGHT. A right that has become absolute and fixed and cannot be denied by subsequent conditions or changes in regulations, unless it is taken and paid for. There is no VESTED RIGHT to an existing zoning classification.
VETERINARY CLINIC. A location for treatment of small or large animals. Animals may be kept overnight or for short periods of time for treatment.
VIEWSHED. The area within view from a defined observation point.
WATER SOURCE PROTECTION ZONE. Minimum distance required by Central Utah Public Health Department. (See Figure below.)
WATER SUPPLY SYSTEM, WATER SUPPLY FACILITY, WATER SYSTEM or WATER FACILITY. Any or all works and auxiliaries for collection, treatment, storage and distribution of water from the source or sources of supply to the consumer or processing plants.
WAREHOUSE. A building or premises in which goods, merchandise or equipment are stored for eventual distribution.
WHOLESALE. The sale of goods to a person or company who may sell products to the ultimate consumer. Includes sale of products in bulk for further repackaging.
WORK. All required construction as shown on approved construction plans and specifications for all facilities and features of any kind which are required, related to the process of subdivision of land.
XERISCAPING. Landscaping with slow-growing, drought tolerant plants to conserve water and reduce yard trimmings.
YARD. The open space between a lot line and the buildable area within which no structure may be located, except as provided in this chapter.
YARD, FRONT. An open unoccupied space on the same lot with the building between the front line of the building and the front line of the lot and extending the full width of the lot.
YARD, REAR. An open unoccupied space on the same lot with the building between the rear line of the building and the rear line of the lot and extending the full width of the lot.
YARD, SIDE. An open unoccupied space on the same lot with the building situated between the building and the sideline of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a sideline.
ZERO LOT LINE HOME. The use of a lot for one detached dwelling unit with at least one wall, but not more than two walls or a portion thereof, located directly adjacent to a side lot line, excluding a mobile home but including a manufactured building.
ZONING ADMINISTRATOR. Designee of the Board of County Commissioners (ZA).
ZONING ORDINANCE or ORDINANCE. The Zoning Ordinance of the county.
(Ord. 2024-5-3, passed 5-13-2024)