For the purpose of this title, certain words and terms are defined as hereinafter set forth. Words in the present tense include the future and the future includes the present; the word lot includes the words tract or parcel of land; the words shall and must are always mandatory. The term district is synonymous with the term zone; the term ordinance is synonymous with the term code. Words not included herein, but which are defined in the building code, shall be constructed as defined therein.
ACCESSORY BUILDING: A building located on a lot or parcel of land, the use of which is appropriate, subordinate and customarily incidental to that of the main building and/or principal use of land.
ANIMAL UNIT:
A. No more than three (3) animal units per acre.
B. An animal unit shall be one (1) or proportionate combination of the following:
1. A horse or cow or other similar large domestic animal shall be counted as an animal unit;
2. Medium sized domestic animals, such as sheep or goats, shall be counted at a ratio of two (2) per animal unit;
3. Small domestic animals and fowl shall be counted at a ratio of ten (10) per animal unit.
C. For types of animals not specified above, the Planning Commission shall determine the number which shall constitute an animal unit; except that, for the purpose of compliance with this title, porcine (pig) and mink are specifically excluded from consideration as part of an animal unit.
D. For the purpose of determining compliance, said definitions shall not include the unweaned offspring less than four (4) months old of any residing animal.
BUILDABLE AREA: A portion of a site, which conforms to all minimum criteria, required for placement of a structure.
BUILDING: Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind, but not including fences or corrals.
COMMON AREA: An area designated to serve two (2) or more dwelling units in separate ownership with convenient access to the area.
COMPREHENSIVE PLAN (MASTER PLAN): A coordinated plan which has been prepared and adopted for the purpose of guiding development, including, but not limited to, a plan or plans of land use, resource, circulation, housing and public facilities and grounds.
CONDOMINIUM: The ownership of a single unit in a multi-unit project, together with an undivided interest in common in the common areas and facilities of the property.
CONDOMINIUM PROJECT: A plan or project whereby two (2) or more units, together with an undivided interest in the common area or facility, are separately offered or proposed to be offered for sale. This definition shall apply to existing or proposed apartments, commercial or industrial buildings, or structures. "Condominium project" shall also mean the property when the context so requires.
CORRAL: A fence or other barrier used for the confinement of livestock for which the primary source of food is provided from other than grazing of grass or herbage growing on the site.
CUSTOMARY RESIDENTIAL ACCESSORY STRUCTURE: A structure constructed on the same zoning lot as a dwelling and which is intended for the incidental and exclusive use of the residents of said dwelling, including, but not limited to, detached garages, carports, swimming pools, tennis courts, greenhouses, storage buildings and satellite dishes.
DAY CARE/PRESCHOOL (COMMERCIAL): A nonresidential facility providing for the care, supervision, and protection of seventeen (17) or more children at any one time and complying with all the requirements as licensed and monitored by the State of Utah Department of Human Services. For the purposes of this Code, Commercial Day Care includes preschools offering educational programs to seventeen (17) or more children at any one time. All Nonresidential Commercial Day Cares and Preschools shall follow all standards for site plan development, including parking, landscaping, building setbacks and so forth as required by the zoning district.
DAY CARE/PRESCHOOL (HOME OCCUPATION): The care of children within a dwelling unit that provides care for four (4) to sixteen (16) children (including "infant child care" and "family child care" as defined by the Department of Human Services) at any one time under fourteen (14) years of age and complying with all the requirements as licensed and monitored by the State of Utah Department of Human Services. Home Occupation Day Care/Preschool does not mean care provided to children by or in the homes of parents, legal guardians, grandparents, brothers, sisters, uncles, or aunts.
DENSITY: The number of dwelling units per acre of land.
DESIGNATED TOWN STREET: A Federal or State highway or Town street as shown on the official street map of the Town.
DOCUMENTATION, DECLARATION: The legal instruments required under the provisions of this title and applicable to State law for approval of large scale development or subdivisions.
DWELLING, CONVENTIONAL CONSTRUCTION: A dwelling which is constructed in compliance with the provisions of the building codes as adopted by the Town and the State.
DWELLING, MULTIPLE-FAMILY: A building containing three (3) or more dwelling units.
DWELLING, ONE-FAMILY: A detached residence designed for or occupied by one (1) family.
DWELLING, TWO-FAMILY: A building containing two (2) dwelling units.
DWELLING UNIT: One (1) or more rooms in a building designed for living purposes (bathing, eating and sleeping) and occupied by one (1) family.
FAMILY: An individual or two (2) or more persons related by blood, marriage or adoption, living together in a single dwelling unit and maintaining a common household. A family may include three (3), but not more than three (3), nonrelated persons living with the residing family. The term "family" shall not be construed to mean a group of nonrelated individuals, a fraternity, club or institutional group.
FENCE, SIGHT OBSCURING: A fence which permits vision through not more than twenty percent (20%) of each square foot.
FINAL PLAT, RECORD OF SURVEY MAP: A plat of survey of land within a subdivision or large scale development, which has been prepared in accordance with applicable Town standards and/or State statutes for the purposes of recording in the Office of the County Recorder.
FLOOR AREA: The sum of the areas of the several floors of the building, including basement, mezzanines and penthouses of headroom height (6 feet) measured from the exterior walls or from the centerline of walls separating buildings. The "floor area" does not include unoccupied features, such as pipe trenches, exterior terraces or steps, chimneys, roof overhangs, etc.
GRADE OF BUILDING:
A. For buildings fronting one (1) street only, the elevation of the sidewalks or centerline of street, whichever is higher, at right angles to the midpoint of the fronting walls.
B. For buildings fronting on more than one (1) street, the average of the elevations of the sidewalks or centerline of street out from the midpoint of the fronting wall.
C. For buildings having no walls fronting the streets, the average level of sidewalk or centerline of surrounding streets, whichever is higher.
HEALTH AGENCY: The Health Department or any representative authorized by the Town Council to represent them in matters relating to health and sanitation.
HEIGHT OF BUILDING: The vertical distance from the grade to the square of the building.
HOME OCCUPATION: Any occupation conducted within a dwelling or accessory buildings on the premises and carried on by persons residing in the dwelling.
HOUSEHOLD PETS: Animals or fowl customarily permitted within the house and/or on the premises and kept for the company or pleasure of the occupants, such as dogs, cats and canaries, but not including livestock. Except as may be approved for a kennel business operation, no residential use shall have more than three (3) dogs over the age of four (4) months. In residential zones, chickens and rabbits shall also be construed as household pets subject to the following:
A. No single-family residence shall maintain chickens or rabbits, the total number of which shall not exceed ten (10);
B. Roosters are prohibited in a residential zone;
C. Chickens and rabbits shall be sheltered in a coop or hutch located behind the rear line of the residential dwelling, and not less than ten feet (10') from the nearest property line;
D. Chickens or rabbits shall not be permitted outside a coop or hutch unless effective fencing is installed to preclude said animals from entering adjacent properties;
E. Said animals shall be cared for and maintained in a way so as not to create a nuisance.
INFORMATION BROCHURE: A written statement setting forth the organizational structure of a homeowners' association, and the rights and obligations of the developers, homeowners' association, lot owners and the Town.
KENNEL: A location where a business or person engages in boarding, breeding, buying, letting for hire, training for a fee or selling dogs, or other animals. A person who harbors dogs shall be deemed to operate a kennel when there are four (4) or more dogs at the residence than are allowed by zoning, and when such dogs are at least four (4) months old.
LANDSCAPING: The use and integration of a combination of planted trees, shrubs, vines, ground covers, lawns, rocks, foundations, pools, art works, screens, walls, fences, benches or surfaced walkways set into an aesthetically pleasing arrangement as determined by the Planning Commission or their authorized representatives. However, the use of structures or surfaced walkways alone, in the absence of planted trees, lawns, etc., shall not meet the requirements of this title.
LIVESTOCK MANAGEMENT AREA: All portions of a lot devoted exclusively to the care and keeping of livestock, including, but not limited to, barns, sheds, pens, coops, corrals and pastures, but not including any portion of a parcel devoted to a dwelling, yard, garden, parking area or unutilized open area.
LOT: A. An independently described parcel of land as shown on the records of the County Recorder; or
B. Two (2) or more contiguous parcels, each of which qualify under subsection A of this definition and for which a declaration of zoning lot has been approved and filed in the Office of the County Recorder.
LOT, CORNER: A lot abutting on two (2) intersecting or intercepting streets where the interior angle or intersection or interception does not exceed one hundred thirty five degrees (135°).
LOT, INTERIOR: A lot other than a corner lot.
LOT LINE, FRONT: The front boundary line of a lot bordering on the street or, in the case of a flag lot, the boundary line located closest to and approximately parallel to the street upon which the driveway portion abuts.
LOT LINE, REAR: A lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or gore shaped lot, the rear lot line shall be a line within the lot parallel to and at the maximum distance from the front lot line, having a length of at least ten feet (10').
LOT LINE, SIDE: Any lot boundary lines not a front lot line or a rear lot line.
MAIN BUILDING: One (1) or more of the principal buildings upon a lot. Garages, carports and other buildings which are attached to a dwelling or other main building or which are situated closer to the main building than the minimum distance specified in the zone requirements shall be considered as a part of the main building.
MANUFACTURED HOUSING: A dwelling constructed in accordance with the HUD Code for manufactured housing.
MINOR UTILITY TRANSMISSION PROJECT: The construction of transmission and distribution facilities for electric power, telephone, gas and oil, water, cable TV, microwave and similar commodities primarily to structures in the immediate vicinity.
MOBILE HOME: A dwelling unit which is designed to be transported, after fabrication, on its own wheels or on detachable wheels, and which is designed and intended for permanent occupancy as an independent dwelling unit, but which does not comply with the Town adopted Building, Mechanical, Electrical and Plumbing Codes, or the HUD Code, for manufactured housing. The term "mobile home" shall also include any vehicle meeting the above description which is used for an office, classroom, laboratory, processing, manufacturing, retail sales or other such use.
MOBILE HOME PARK: An area or tract of land used to accommodate two (2) or more mobile homes.
NONCONFORMING LOT OF RECORD: A parcel of land which does not conform to the minimum area and/or width requirements for the zone in which it is located, but which was legally created and was shown on the records of the County Recorder as a conforming lot of record prior to the effective date of the now controlling provisions. Substandard lots in illegal subdivisions shall not be considered as nonconforming lots of record.
NONCONFORMING USE OR BUILDING: A building or structure, or portion thereof, or use of a building or land, existing at the time of the passage of this title which does not conform to the zoning regulations as set forth herein but which legally existed prior to the effective date of the now controlling provision.
OFF STREET PARKING: An area adjoining a building providing for the parking of automobiles, which does not include a public street, but has convenient access to it.
PASTURE: An area confined by wire, wood or other fence structures used for the confinement of livestock for which the primary source of food is obtained from the grazing of grass or herbage growing on the site.
PUBLIC AGENCY PARK: A tract of land which is owned by a governmental agency and which has been partially or totally developed or designated for recreation or open space purposes.
PUBLIC BUILDING: A building owned and operated or owned and intended to be operated by a public agency of the United States of America, the State of Utah or any of its subdivisions.
PUBLIC SCHOOL: One (1) or more buildings, together with the appurtenant yards, incidental structures, parking areas, etc., operated by the school districts or other public agency for educational purposes.
RECREATION VEHICLE: A vehicle used, designed or maintained primarily as a temporary dwelling for travel, vacation or recreation purposes, having a width of not more than eight feet (8') and a length of not more than forty feet (40'), and which can be driven or pulled upon the highways without a special permit.
RECREATION VEHICLE COURT: An area or tract of land used to accommodate two (2) or more recreation vehicles or camper units for a short period of time (less than 30 days).
SETBACK: The shortest distance between the property line and the building, or part thereof.
SIGN: Any device designated and intended to bring the subject thereof to the attention of the public; provided, however, that the following shall not be included in the application of regulations relating to signs:
A. Flags or insignia of any government, except when displayed in connection with a commercial promotion.
B. Legal notices and signs used for regulation, identification and informational purposes erected by a governmental body.
C. Signs directing and guiding traffic and parking on private property but bearing no advertising matter.
D. Political campaign signs.
SIGN, ACCESSORY: A sign which directs attention to a business or profession, conducted on the premises.
SIGN, NONACCESSORY, BILLBOARD: A sign which directs attention to a business, commodity, service or entertainment, which is conducted, sold or offered at a location other than the premises.
STRUCTURE: Anything constructed or erected which requires location on the ground, but not including a tent or vehicle.
SUBDIVISION:
A. Any land that is divided, resubdivided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease or development either on the installment plan or upon any and all other plans, terms, and conditions.
B. "Subdivision" includes:
1. The division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument; and
2. Except as provided in subsection C of this definition, divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural and industrial purposes.
C. "Subdivision" does not include:
1. A bona fide division or partition of agricultural land for the purpose of joining one (1) of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable land use ordinance;
2. A recorded agreement between owners of adjoining unsubdivided properties adjusting their mutual boundary if:
a. No new lot is created; and
b. The adjustment does not violate applicable land use ordinances;
3. A recorded document, executed by the owner of record:
a. Revising the legal description of more than one (1) contiguous unsubdivided parcel of property into one (1) legal description encompassing all such parcels of property; or
b. Joining a subdivided parcel of property to another parcel of property that has not been subdivided, if the joinder does not violate applicable land use ordinances;
4. A recorded agreement between owners of adjoining subdivided properties adjusting their mutual boundary if:
a. No new dwelling lot or housing unit will result from the adjustment; and
b. The adjustment will not violate any applicable land use ordinance; or
5. A bona fide division or partition of land by deed or other instrument where the land use authority expressly approves in writing the division in anticipation of further land use approvals on the parcel or parcels.
D. The joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a subdivision under this definition as to the unsubdivided parcel of property or subject the unsubdivided parcel to the Town's subdivision ordinance.
YARD: Any space on a lot other than a court, which is open and unobstructed from the ground to the sky.
YARD, FRONT: A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the main building and the front of the lot.
YARD, REQUIRED: The open space around buildings, which is required by the terms of this title.
ZONING LOT; APPROVED LOT; APPROVED PARCEL: A unit of land comprised of one (1) or more platted lots or parcels of land which:
A. Meet all existing area, width, access and other applicable requirements for lots within the zone in which it is located; and
B. Is shown as a separate lot in a subdivision or large scale development, which has been approved in accordance with the applicable ordinance or is legally exempted from compliance with said ordinance. A parcel, which is part of an unapproved or illegal subdivision, shall not qualify as a "zoning lot".
C. Has heretofore, through the Town planning and zoning approval process, been reviewed and approved for its current use by the Town. (Ord. 17-02, 3-16-2017; amd. 2017 Code; Ord. 2019-15, 12-12-2019; Ord. 2021-05, 5-13-2021)