APPENDIX A
DEFINITIONS

For the purpose of these regulations, certain numbers, abbreviations, terms and words used herein shall be used, interpreted and defined as set forth in this appendix. Where definitions are given in another chapter or section of this title that apply to only that section or chapter, those definitions shall apply first.

Capitalized terms in this Code have the meanings as stated in this section. If the term starts a sentence and is intended to have the meaning ascribed to it in these definitions, then term must be followed by its initial letter in parentheses in caps to denote the meaning, e.g., "Structures (S) are not allowed in wetlands". When terms are not capitalized then they have the meaning that is conferred by common usage and the context in which they are used. "Shall" is always mandatory.

Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include singular; the word "herein" means "in these regulations"; the word "regulation" means "these regulations"; the word "Code" means "the Eastern Summit County Development Code" or "this title" unless the context indicates it is referring specifically to a different regulation, code, statute, ordinance or law.

ACCESS: The provision of vehicular and/or pedestrian ingress and egress to structures, facilities, land or parcel.

ACCESSORY BUILDING: A building upon the same lot (or in a contiguous lot under the same ownership) as the principal building and is: a) clearly incidental to, and customarily found in connection with, such principal building or use; and b) is operated and maintained for the benefit or convenience of the owners, occupants, employees, customers or visitors of the lot with the principal use.

ADMINISTRATIVE PERMIT: A permit issued by the planning staff, Community Development Director or building official for specified uses after compliance with applicable zoning or Development Code regulations is determined.

ADULT/SEXUALLY ORIENTED BUSINESS: Defined according to section 3-5-2 of this Code.

AFFECTED ENTITY: A county, municipality, local district, special service district, school district, interlocal cooperation entity, property owners association, public utility, or the Utah Department of Transportation, as set forth in Utah Code Annotated section 17-27a-103(1) or successor law.

AGRICULTURAL ACTIVITY: The tilling of the soil, raising of crops (including timber), forage, grazing and raising of animals/fish for agricultural purposes.

AGRICULTURAL BUILDING: A building or structure on agricultural land designed, constructed, and used to house farm implements, livestock, or agricultural produce or products used by the person(s) engaged in agriculture. [Agricultural buildings do not include dwelling units.]

AGRICULTURAL EXEMPTION: An exemption from the building permit requirements of this title for structures used for agricultural activities.

AGRICULTURE ADVISORY BOARD: The Agriculture Protection Advisory Board set forth in section 2-3-2 of this Code for the purposes of assisting in the implementation of the agricultural protection measures and incentives described in this title.

ANTENNA: Any system of wires, poles, rods, arms, reflecting discs or similar devices of various sizes, materials and shapes, including, but not limited to, solid or wire mesh dish, cone, spherical or bar configurations used for wireless transmission. Types of antennas include, but are not limited to, the following:

   Roof Mounted Antenna: An antenna mounted directly to the roof of a building, mechanical penthouse or parapet enclosure wall which is on the rooftop of a building.

   Top Hat Antenna: Spatial array of antennas, generally located on a freestanding structure, where the visible width of antennas and antenna mounting structures are more than two feet (2') in width as viewed looking directly at the structure.

   Wall Mounted Antenna: Any antenna mounted directly to the fascia or outside walls of a structure, existing parapet walls, penthouses, or mechanical equipment rooms, with no portion of the antenna extending above the roofline of such structures.

ANTENNA SUPPORT STRUCTURE: A structure, the principal purpose of which is for location of antennas. Types of antenna support structures may include:

   Lattice Tower: A multiple sided, open steel frame structure used to support one (1) or more antennas.

   Monopole: A standing antenna support structure placed directly on the ground to support one (1) or more antennas.

APPEALS PROCEDURES: The procedures set forth in section 11-7-16 of this title which are to be followed for administrative appeals of any and all decisions made pursuant to this title.

APPLICANT: The owner of land and/or his/her representative seeking formal County action.

APPLICATION: A form or checklist supplied by the Community Development Department, indicating the data and information necessary to process the applicant's proposed project.

ARTERIAL: Any road intended to provide direct year-round connection to other jurisdictions, or which links such roads, and is intended or used primarily for free flowing traffic movement. Traffic velocity is generally greatest on arterial roads, due primarily to road design.

ATTACHED BUILDING: Units connected on one (1) or more sides to an adjacent unit or units by a common party wall with separate exterior entrance for all units.

AUTO IMPOUNDMENT YARD AND ASSOCIATED TOWING SERVICES: An outdoor storage facility for impound of automobiles brought there by a towing service.

AUTO WRECKING YARD: The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts.

AUTOMOTIVE REPAIR, SERVICE AND DETAILING: An establishment primarily engaged in the repair of automobiles, trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, body and fender shops, and similar repair and service activities, but excluding dismantling or salvage.

AUTOMOTIVE SALES: An establishment primarily engaged in the sale or rental of automobiles, trucks, motorcycles, motor homes, recreational vehicles, or boats, including incidental storage, maintenance, and servicing. Typical uses include new and used car dealerships, motorcycle dealerships, and boat, trailer, or recreational vehicle dealerships.

BANKS AND FINANCIAL SERVICES: An establishment primarily engaged in the provision of financial and banking services. Typical uses include banks, savings and loan institutions, stock and bond broker's loan and lending activities.

BARS, TAVERNS, NIGHTCLUBS: An establishment serving alcoholic beverages for consumption on the premises.

BED AND BREAKFAST INNS: An owner occupied dwelling, including those dwellings of historical significance, in which two (2) to eight (8) rooms are rented out by the day, offering overnight lodging to travelers, and where one (1) or more meals are provided to the guests only, the price of which may be included in the room rate (see definition of hotel, motel, or inn).

BOARD OF ADJUSTMENT: The quasi-judicial body who hears and decides zoning variances.

BUILDING: Any structure built for the support, shelter or enclosure of persons, animals, or movable property.

BUILDING, ACCESSORY: A building upon the same lot (or on a contiguous lot under the same ownership) as the principal building and which is: a) clearly incidental to, and customarily found in connection with, such principal building or use; and b) is operated and maintained for the benefit or convenience of the owners, occupants, employees, customers or visitors of the lot with the principal use; and c) is associated with a principal commercial or industrial use which is permitted within the zone.

BUILDING CODE: The International Building Code (IBC) as adopted by the State.

BUILDING ENVELOPE: That area within which a structure must be located. A building envelope is designated by building setback lines or can be shown specifically on a subdivision plat.

BUILDING INTEGRATED SOLAR ENERGY SYSTEM: A combination of Solar Panels and Solar Energy Equipment integrated into any building envelope system (such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows), which produce electricity for onsite or offsite consumption.

BUILDING OFFICIAL: As defined in the IBC.

BUILDING PERMIT: An official document or certification that is issued by the building official and which authorizes the construction, enlargement, alteration, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure.

BUSINESS: Any lawful enterprise, profession, occupation or activity engaged in by a person with the objective of profit, gain, benefit or advantage, direct or indirect, which is conducted within Eastern Summit County.

BUTCHER, RETAIL: A commercial establishment for the processing of animals, including the sale of meat and related products.

BUTCHER WITH SLAUGHTERING, RETAIL: A commercial establishment for small-scale slaughtering and processing of animals, including the sale of meat and related products.

CAMPGROUND: Any area that is occupied or intended or designed or improved for occupancy by transients using recreational vehicles, motor homes, tents, mobile trailers, and other temporary housing for dwelling, lodging, or sleeping purposes on a temporary recreational basis. Does not include manufactured housing communities or similar long-term housing developments or trailer parks.

CARWASH: The use of a site for washing and cleaning of vehicles in a commercial operation open to the public. Does not include facilities that are accessory uses to the principal permitted use.

CEMETERY: Land used or dedicated to the burial or interment of the dead, including crematoriums and mausoleums.

CERTIFICATE: A document which conforms to the requirements of Utah Code Annotated section 17-27a-605(1) or successor law.

CERTIFICATE OF CONSENT: The owner's dedication on a final subdivision plat or Final Site Plan; or the lienholder's consent on a final subdivision plat.

CHILD CARE, COMMERCIAL: Providing child care services within a commercial establishment that is licensed by the State wherein are received children under seventeen (17) years of age.

CHILD CARE, FAMILY (FEWER THAN 9 CHILDREN): A child care facility operated by a party who resides at the premises used for child care services, which provides service for fewer than nine (9) children.

CHILD CARE, FAMILY (WITH 9-16 CHILDREN): Providing child care services within a dwelling that is licensed by the State wherein are received nine (9) or more children under seventeen (17) years of age who are not related to such person and whose parents or guardians are not residents in the same house with such person responsible for the control and care of children enrolled therein.

CHILD CARE, IN-HOME (4 CHILDREN OR LESS): Providing child care services within a dwelling home for four (4) or less children.

CHURCHES/HOUSES OF WORSHIP: A building used for non-profit purposes by a recognized and legally established sect, primarily for the purpose of worship.

CODE: Title 11 of the Summit County Code.

COLLECTOR ROAD: A road intended to move traffic from local roads to arterial roads. Collector roads typically collect traffic from a neighborhood or large subdivision and provide a connection to the arterial road system.

COMMERCIAL USE: The act of selling goods or services, including leasing and other transactions under a business license as required by the County, including non-profit enterprises and 501 C3 operations.

COMMUNITY DEVELOPMENT DIRECTOR: The Director of the Community Development Department, with overall administrative control of the planning, building and zoning functions of the County, under the direction of the County Manager.

CONDITIONAL USE: Land uses that because of their unique characteristics or potential for detrimental impacts on the County, surrounding neighbors, or adjacent land uses, may require mitigation in order to be permitted under this Code. Conditional uses are allowed in a zone only if the reasonably anticipated detrimental effects of the use can be substantially mitigated through the imposition of reasonable conditions.

CONDITIONAL USE PERMIT: A development permit which approves a conditional use.

CONDITIONAL USE PERMIT, MAJOR AMENDMENT: An amendment to a conditional use permit as set forth in subsection 11-4-7G2 of this title.

CONDITIONAL USE PERMIT, MINOR AMENDMENT: An amendment to a conditional use permit as set forth in subsection 11-4-7G1 of this title.

CONDOMINIUM: The ownership of a single unit in a multiunit project together with an undivided interest in common in the common areas and facilities of the property.

CONDOMINIUM PLAT: A plat of land and units prepared in accordance with Utah Code Annotated section 57-8-13 or successor law.

CONSTRUCTION PLAN: The maps or drawings accompanying a final subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission or County Engineer as a condition of the approval of the plat.

CONTRACTOR'S OFFICE: A room or group of rooms used for conducting business affairs that does not use any exterior storage area.

CONTRACTOR'S YARD: Any land or buildings used primarily for the storage of equipment, vehicles, machinery (new or used), building materials, paints, pipe, or electrical components used by the owner or occupant of the premises in the conduct of any building trades or building craft.

CORNER LOT: A lot or parcel of land abutting upon two (2) or more public or private roads or rights-of-way.

COUNTY: Summit County, Utah.

COUNTY ASSESSOR: In accordance with Utah Code Annotated title 17, chapter 17, the duly elected Assessor of Summit County or his/her designee.

COUNTY ATTORNEY: In accordance with Utah Code Annotated title 17, chapter 18a, the duly elected Attorney of Summit County or his/her designee.

COUNTY COUNCIL: The Legislative Body of Summit County, Utah.

COUNTY ENGINEER: The Engineer for Summit County, who is appointed by the County Manager.

COUNTY HEALTH DEPARTMENT: The Summit County Health Department created pursuant to Utah Code Annotated title 26A.

COUNTY MANAGER: The Chief Executive Officer of Summit County, Utah.

COUNTY PUBLIC WORKS DEPARTMENT: The Summit County Public Works Department under the direction of the County Manager.

COUNTY RECORDER: In accordance with Utah Code Annotated title 17, chapter 21, the duly elected Recorder of Summit County or his/her designee.

COUNTY WILDLAND FIRE MARSHAL: The Fire Marshal appointed by the Summit County Wildland Fire Service Area.

COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs): Private regulations imposed upon owners of lots within a subdivision or condominium plat. The County does not enforce CC&Rs.

CRITICAL AREA: Fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, streams and wetlands.

CUL-DE-SAC: A local street with only one (1) outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement as well as firefighting and other public safety equipment.

DENSITY: The sum of all dwelling units or floor area permitted on any parcel. Often expressed in units per acre.

DENSITY, BASE: The maximum number of dwelling units or floor area permitted per acre(s) of land by a zone district.

DENSITY, BONUS: Incentive density awarded to a parcel or final subdivision plat in excess of base density as set forth in appendix B of this title.

DENSITY, COMMERCIAL, INDUSTRIAL, INSTITUTIONAL: The floor area of a structure within a lot or parcel calculated as a ratio of floor area to the lot or parcel area.

DEVELOPABLE AREA: The land area remaining after the removal of all deed restricted open space, which is available for development.

DEVELOPER: The person, persons, corporation, firm or partnership proposing to engage, or who is engaged, in development.

DEVELOPMENT AGREEMENT: A quasi-legislative agreement between a developer or property owners and the County pursuant to the provisions of this title adopted in connection with a legislative act.

DEVELOPMENT EVALUATION STANDARDS: Those land use regulations set forth in chapter 2 of this title.

DEVELOPMENT OR DEVELOPMENT ACTIVITY: Any of the following activities:

   A.   Change in use.

   B.   Construction, clearing, filling, excavating, grading, paving, dredging, mining, drilling or otherwise significantly disturbing the soil of a site.

   C.   Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface or central water system, and including the long term storage of materials.

   D.   Erection of a sign.

   E.   Any activity increasing the need for parking or generating additional traffic.

   F.   Construction, elimination or alteration of a driveway onto a public road.

   G.   Demolition of existing structures.

   Development or development activity does not include agricultural activities.

DEVELOPMENT PERMIT: A land use permit issued by the County which allows development.

DISTILLERY: A place where liquor is manufactured.

DIVISIONS OF LAND FOR NON-DEVELOPMENT PURPOSES: The processes set forth in subsection 11-4-5G of this title.

DRIVEWAY: A means of access to one (1) but not more than five (5) one-family dwelling units. Without assurances that only five (5) dwellings will use a driveway, it shall otherwise be designated as a local road.

DWELLING UNIT: A building or portion thereof containing living facilities, including provisions for sleeping, eating, cooking and sanitation, and is intended for occupancy by a family and its guests, independent of other families.

DWELLING UNIT, ACCESSORY: An Accessory Dwelling Unit is a type of Accessory Use that includes a residential unit with cooking, sanitation, and sleeping facilities, and is located on the same Lot Grandfathered Parcel as the One-Family Dwelling Units or associated commercial use. Unless it is otherwise allowed as part of a Development, Settlement, or Consent Agreement, a guest house shall be considered an Accessory Dwelling Unit.

DWELLING UNIT, INTERNAL ACCESSORY: The definition of an Internal Accessory Dwelling Unit shall be identical to the definition used in Utah State Code section 17-27a-526(1)(a) as amended.

DWELLING UNIT, LIVE/WORK: A building containing both living facilities (including provisions for sleeping, eating, cooking, and sanitation) and adequate workspace reserved for and regularly used by one or more persons residing in the unit. A Live/Work Dwelling Unit shall comply with International Building Code 508.5-508.5.11 as amended.

DWELLING UNIT, MULTI-FAMILY: A dwelling unit in a structure containing three (3) or more dwelling units sharing common vertical walls or floors/ceilings, but not including hotels, lodges and other similar uses.

DWELLING UNIT, ONE-FAMILY: A detached principal building, other than a mobile home, designed for and used as a dwelling unit exclusively by one (1) family and its guests. May be referred to as a single-family dwelling unit.

DWELLING UNIT, SINGLE-FAMILY ATTACHED: A dwelling unit in a structure containing two (2) or more dwelling units sharing one (1) or more vertical and no horizontal common walls, each of which is designed for and used as a dwelling unit exclusively by one (1) family and its guests. May also be referred to as a townhouse.

EASEMENT: A quantity of land set aside over which a liberty, privilege, burden or advantage in land without profit exists distinct from the ownership of land, which is granted to the public, another party, or some particular person or part of the public.

EASTERN SUMMIT COUNTY PLANNING DISTRICT: The geographical boundaries set forth in the Code within which these regulations apply.

EASTERN SUMMIT COUNTY WATER CONSERVANCY SPECIAL SERVICE DISTRICT: The special service district charged by the County Council with the regulation of wastewater within the Eastern Summit County Planning District.

EQUIPMENT RENTAL, HEAVY: The temporary leasing of a movable or transportable vehicle or other apparatus commonly used in commercial, industrial, or construction enterprises, such as but not limited to trucks, trailers, bulldozers, cranes, backhoes, rollers, loaders or lifts having a gross weight of 2.5 tons or more.

EQUIPMENT RENTAL, LIGHT: The temporary leasing of tools, lawn and garden equipment, recreation equipment, party supplies and similar goods and equipment, including storage and incidental maintenance. This term does not include a motor vehicle rental facility.

EROSION: The process of eroding or being eroded by wind, water, or other natural agents.

ESCROW: A deposit of cash with the County or approved alternate entity in lieu of an amount required and still in force on a performance or maintenance guarantee.

EVENT CENTER: An establishment which is rented by individuals or groups to accommodate private functions including, but not limited to banquets, weddings, anniversaries and other similar celebrations. Such a use may or may not include: a) kitchen facilities for the preparation or catering of food; b) the sale of alcoholic beverages for on premises consumption, only during scheduled events and not open to the public; and c) outdoor gardens or reception facilities.

FAMILY: An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than four (4) persons who are not related, occupying the same dwelling unit on a continuous basis.

FENCE: A structure constructed for reasons of privacy, security or aesthetics which is located in such a manner as to separate or divide areas. Includes hedges and masonry walls.

FINAL ACTION: Final decision by the County Manager, County Council, Planning Commission, Board of Adjustment or Community Development Director approving, approving with conditions, or denying a plan, project, rezone, use, activity or other action at the conclusion of the appropriate review process set forth in chapter 4 of this title.

FINAL SITE PLAN: A map establishing detailed development layout, and other development details as set forth in section 11-4-6 of this title.

FIRE CODE: The International Fire Code adopted by the State.

FLOODPLAIN: An area adjoining a river, stream or watercourse, or other body of standing water, in which a potential flood hazard exists due to inundation or overflow of water having sufficient volume and velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of watercourses designated as a floodplain by the Federal Emergency Management Agency.

FLOOR AREA: The total of all square footage of floor space within all floors of a building as measured from the inside of the exterior walls. Does not include attics, crawl spaces, attached garages, loading areas, breezeways, enclosed or unenclosed porches, elevator or stair bulk heads, and decks within a structure.

FLOOR AREA RATIO: The percentage of the floor area divided by the sum of the square feet of the lot or parcel on which it sits.

FOOD PROCESSING, COMMERCIAL: An establishment that transforms raw ingredients into food or transforms food into other forms for consumption. Does not include butcher with slaughtering.

FORESTRY: The use of land for the raising and harvesting of timber, pulp woods, and other forestry products for commercial purposes. Does not include the temporary or long-term operation of a sawmill.

FUNERAL SERVICES: An establishment engaged in undertaking services such as preparing the human dead for burial and arranging and managing funerals. Typical uses include funeral home, crematoriums, or mortuaries.

GAS AND FUEL, STORAGE AND SALES: Bulk storage tanks of flammable and combustible liquids, compressed gases or liquefied petroleum gas (LP gas) for business use, retail sale, wholesale, or wholesale distributing.

GASOLINE SERVICE STATION WITH OR WITHOUT CONVENIENCE STORE: A place where gasoline, motor oil, lubricants, or other minor accessories are retailed directly to the public on the premises, often in combination with the retailing of items typically found in a convenience market or supermarket.

GENERAL PLAN: The General Plan for the Eastern Summit County Planning District, prepared by the Planning Commission and adopted by the County Council, pursuant to State law.

GEOLOGIC HAZARD: The hazard presented by surficial or deep geological instabilities including, a surface fault rupture, shallow groundwater, a debris flow, unstable soil, landslides, rapid erosion, rock fall, liquefaction, earthquakes, and 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.

GEOLOGICAL HAZARD AREA: A site where risk of harm from one (1) or more geological hazards is present.

GOVERNMENT LOTS: A subpart of a section which is not described as an aliquot part of the section by a cadastral survey, but which is designated by number, for example, Lot 3. A government lot may be regular or irregular in shape, and its acreage may vary from that of regular aliquot parts. An aliquot part is the standard subdivisions of a section, such as a half section, quarter section, or quarter-quarter section, as established through a cadastral survey.

GRADE, FINISHED: The finished or resulting grade where the surface of the ground meets the building after the completion of development.

GRADE, NATURAL: The existing profile of the surface of the land prior to any ground disturbance resulting in a change to the topography. When existing grade does not exist due to excavation, landslide or other disturbances regardless of cause, natural grade will be established by the Community Development Director based on best available information. Such designation is subject to appeal to the Planning Commission.

GROUND MOUNTED SOLAR ENERGY SYSTEM: A Solar Energy System that is anchored to the ground via a pole or other mounting system, detached from any other structure, that generates electricity for onsite or offsite consumption.

GROUND MOUNTED SOLAR ENERGY SYSTEM, LARGE-SCALE: A Ground Mounted Solar Energy System in which the Solar Area is larger than four thousand (4,000) square feet.

GUEST RANCH OR LODGE: A commercial use consisting of recreational activities that may include, but are not limited to, horseback riding, fishing, hunting, skiing and snowmobiling. The guest ranch may include overnight lodging, food service, meeting and conference facilities as well as other uses.

HEALTH CARE FACILITIES: A facility or clinic, whether public or private, principally engaged in providing services for health maintenance, diagnosis, and treatment. Services are provided on an outpatient basis only, and of a smaller scale than a hospital.

HEIGHT: For the purpose of measuring the height of any building from natural grade, the measurement shall be the vertical distance from natural grade to the highest point of a flat or pitched roof or other portion of a structure. This measurement shall occur at any point within the exterior walls of the building or structure. Vertical architectural features on houses of worship, such as steeples which are associated with the religious function of the building, may be constructed two and one-half (21/2) times the height of the building.

HILLSIDE DEVELOPMENT: Development which is defined by subsection 11-2-4C of this title.

HOME OCCUPATIONS: Those occupations or professions which may be conducted within a dwelling unit or on the premises thereof and is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

HORSE BOARDING, COMMERCIAL: An establishment providing for the housing, breeding, raising, or care of horses owned by person(s) other than the property owner or occupant, for a fee.

HOSPITAL: An establishment providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, emergency treatment facilities, diagnostic services, out-patient facilities, training facilities, medical offices, or staff residences.

HOTEL, MOTEL OR INN: An establishment containing sleeping rooms for the temporary occupancy of guests. Accessory facilities may include a lobby, meeting rooms, recreation facilities, group dining facilities and/or other facilities or activities customarily associated with hotels, but not including lock-outs or boarding houses. Motels are generally an establishment containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space located on the lot and designed, used, or intended wholly or in part for the accommodation of automobile transients. Motel includes motor courts, motor lodges and tourist courts, but not mobile home parks or travel trailer parks.

HOUSING, MODERATE INCOME: Housing that is affordable, either for rent or for sale, to households that earn no more than eighty percent (80%) of the area median wage.

INDOOR ENTERTAINMENT: An establishment providing entertainment or recreational activities within an enclosed building, such as motion picture theaters, live theaters, roller skating, bowling, ice skating and similar uses.

INDUSTRIAL USES: Operations which include the storage, manufacturing and processing of agricultural or timber products, minerals extraction and production, treatment, packaging, wholesaling, fabrication, assembly and warehousing.

INSTITUTIONAL USES: A use operated by a private or public non- profit educational, recreational, charitable or public service organization, such as having the purpose primarily of serving the general public, but not including houses of worship.

KENNEL, COMMERCIAL: Any premises, except where accessory to an agricultural activity, where five (5) or more domestic animals, over four (4) months of age are boarded, trained, groomed, bred, and/or offered for sale for commercial use.

LAKE: A large body of still water formed naturally that is surrounded by land.

LAND SURVEYOR: A surveyor who is registered and licensed within the State of Utah.

LAND USE AUTHORITY: The Community Development Director, Planning Commission, Board of Adjustment, County Manager or County Council, as the case may be, who is empowered under this title to make land use decisions on behalf of Summit County.

LOGGING CAMP: An establishment engaged in cutting down trees for commercial purposes, including transportation to a sawmill. A logging camp does not include cutting or alteration of trees incidental to construction activities.

LOT: A parcel that is described within a recorded final subdivision plat. A lot is a conforming parcel.

LOT COVERAGE: The combined area of the footprint of all structures, exterior impervious surface associated with the use of the property (including storage areas, parking lots, driveways and similar areas) in a commercial or industrial use. Coverage does not include building eave overhangs or pervious decks or similar coverings that do not directly impose an impervious covering on the ground.

LOT LINE, FRONT: The property line dividing a lot or parcel from a road, whether public or private, or located adjacent to the principal means of access.

LOT LINE, REAR: The property line opposite the front lot or parcel line.

LOT LINE, SIDE: Any lot line other than a front or rear lot or parcel line.

LOT OF RECORD: See definition of parcel, grandfathered.

LOT WIDTH: The minimum distance between the side property lines.

LOW IMPACT PERMIT: A development permit which approves a low impact use.

MAINTENANCE AND CONSTRUCTION SERVICES: An establishment providing services relating to the maintenance or repair of commercial and dwelling structures, such as plumbing/heating/air conditioning, painting, electrical services, masonry, landscaping, carpentry, roofing/sheet metal, concrete services, and well drilling.

MANUFACTURING, CUSTOM: A use that may be home-based that is engaged in the on-site production of goods and the incidental direct sale to customers of only those goods produced on-site. Typical uses include cabinet shops, ceramic studios, candle- making shops, custom jewelry manufacturing, bakeries, decorative art or uses of a similar scale.

MANUFACTURING, HEAVY: The converting of raw or partially processed materials into a product used for further processing or distribution. Examples of heavy manufacturing include lumber and paper mills, stone, clay, glass product manufacturing, asphalt and concrete batch plants, and similar operations. These uses may be conducted partially or wholly outdoors and usually create noxious byproducts such as dust, fumes, hazardous waste products, noise, vibration, and glare.

MANUFACTURING, LIGHT: An establishment engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

MASTER PLANNED DEVELOPMENT (MPD): A development process set forth in section 11-4-12 of this title whereby comprehensive project design is accomplished through development strategies, efficiencies in land resources, and flexibility and innovation in design.

MPD, Major Amendment: An amendment to an MPD as set forth in subsection 11-4-12D5b of this title.

MPD, Minor Amendment: An amendment to an MPD as set forth in subsection 11-4-12D5a of this title.

MICROBREWERY: A facility for the production and packaging of malt beverages of low alcoholic content for distribution, retail or wholesale, on or off premises, with a capacity of not more than fifteen thousand (15,000) barrels per year. The development may include other uses such as a standard restaurant, bar or live entertainment as otherwise permitted in the zoning district.

MINING OR RESOURCE EXTRACTION: The extraction of a mineral or resource from its natural occurrence on or under the ground.

MOBILE HOME: Any vehicle or object intended for occupancy by an individual or family that was originally constructed in total so as to be portable or mobile, whether presently affixed to the ground or not, and which is intended to be connected to on site utilities.

MOBILE HOME PARK: A parcel or lot under one ownership that has been planned, improved, and approved for the placement of two (2) or more mobile homes intended for occupancy.

MUNICIPAL LANDFILL: A government facility intended for the disposal, dumping, and/or burial of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or vehicle parts, and other non-toxic waste material. A municipal landfill may also include recycling facilities.

NON-COMPLYING USE: The use of a building, structure or activity which does not conform to current use regulations for the zone in which it is situated, and which did not conform to all regulations at time of its establishment.

NON-CONFORMING STRUCTURES: A building or structure that does not conform to the existing zone (including size, setbacks, height, and architecture). Non-conforming structures can only be expanded if the expansion does not increase the building or structure's non-conformity.

NON-CONFORMING USE: The present use of a structure or land which does not conform to current regulations stated in this title, but which conformed to all regulations at time of its establishment or which was in existence prior to the adoption of the current zoning regulations.

NURSERY/GREENHOUSE: An enterprise that conducts the retail or wholesale of plants grown on or off the premises, as well as related accessory equipment.

OFF-SITE PARKING LOT FOR EVENT CENTERS OR GUEST RANCHES OR LODGES: An Off-Site Parking Lot is a parking lot for Event Centers and Guest Ranches or Lodges that is located outside the property boundary described in the approved site plan for the Event Center or Guest Ranch or Lodge.

OFF-STREET PARKING: A location for the parking of vehicles off of private or public roads.

OFFICES: A room or suite of rooms used for conducting the affairs of a business, profession, service industry, or government.

OPEN SPACE: Land that is left undeveloped. Open space does not include open areas in private individual residential lots, public roads, private roads, parking spaces and drive aisles in parking lots, land covered by structures not designated for active civic recreational use, and outdoor storage areas.

OPEN SPACE, COMMON: Facilities, land and yard areas identified within a subdivision for the use and enjoyment of all the residents and maintained and operated by an organization of property owners.

OPEN SPACE, DEED RESTRICTED: Land which is deed restricted for public or private agricultural, scenic, or recreational purposes. This has reference to the bonus density set forth in subsection 11-4-12E2 of this title.

ORDINANCE: Any legislative action, however denominated, of the County which has the force of law, including any amendment or repeal of any ordinance.

ORDINARY HIGH WATER MARK: The mark along water bodies that is evident by examining the bed and banks where the presence and action of waters and riparian vegetation boundaries are common in ordinary years, as to mark upon the soil a distinct character from that of the abutting upland. Where the ordinary high water mark cannot be found, the top of the channel bank shall be substituted.

OVERLAY ZONE: A zone which encompasses one or more underlying zones and imposes additional requirements or special regulations and allows special flexibility in planning the use, site layout and infrastructure design above that required by the underlying zone. These special requirements shall take precedence over the provisions of the underlying zone.

OWNER: Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be developed or subdivided under this title.

PARCEL: A tract of land.

PARCEL BOUNDARY ADJUSTMENT: An adjustment to property boundaries as set forth in Utah Code Annotated section 17-27a-522, 17-27a-523, or 57-1-45.

PARCEL, CONFORMING: A parcel which meets the requirements of subsection 11-4-2A of this title.

PARCEL, GRANDFATHERED: A parcel created prior to May 6, 1996. A grandfathered parcel is entitled to one dwelling unit of density.

PARCEL, NON-CONFORMING: A parcel not meeting the definition of a conforming parcel as set forth in subsection 11-4-2B of this title.

PARCEL, REMAINDER: A parcel of land that is the remnant of a subdivision process and conforms to subsection 11-4-5B4 or C4 of this title.

PARCEL, REMNANT: A parcel of land that does not conform to the minimum size requirements of the applicable zone and shall be included within the boundaries of a final subdivision plat in accordance with subsection 11-4-5B4 or C4 of this title.

PARK: An area reserved for recreational, educational, or scenic purposes and may include small-scale recreational facilities such as playground equipment.

PERSON: A corporation, a partnership, a limited company, a limited liability company, and an incorporated association of persons such as a club.

PETROLEUM REFINERY: A facility involved in producing petroleum distillates from crude oil.

PLANNING COMMISSION: The Eastern Summit County Planning Commission of Summit County, Utah, as established in this title.

PLAT: A map of lands being laid out and prepared in accordance with State and County requirements that, once approved, is recorded. See definitions of subdivision or subdivision plat, final.

PLAT NOTE: A statement on a recorded plat used to identify restrictions, setbacks, disclaimers, and other appropriate information.

POND, ARTIFICIAL: A small body of still water created by excavating and/or diking dry land and used exclusively for such purposes as stock watering, irrigation, settling basins, recreation purposes, aesthetic ornamentation or as a landscape/architectural feature.

POND, NATURAL: A small body of still water that is surrounded by land. Natural ponds may arise naturally in floodplains, wetlands, as part of a river system, or may be created specifically for habitat restoration.

PREFABRICATED HOME: A home constructed with steel frame may be considered a mobile home for the purpose of this title.

PROFESSIONAL OFFICES: A building or space used by persons such as accountants, architects, engineers, artists, dentists, designers, lawyers, physicians, realtors, and others by virtue of their training and/or license, are qualified to perform services of a professional nature.

PUBLIC FACILITY: A use, facility, or building owned or managed by the County, or a quasi-public entity, that provides a function, activity, or service for public benefit.

PUBLIC HEALTH OFFICER: The Director of the Summit County Health Department or his/her designee.

PUBLIC HEARING: A meeting noticed and advertised in advance and open to the public, in which members of the public have an opportunity to participate prior to formal action by the County.

PUBLIC IMPROVEMENT: Any drainage ditch or system, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off street parking area, lot improvement, water or sewer system, or other facility for which the County may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which County responsibility is established. All such improvements shall be properly guaranteed and installed pursuant to County codes, specifications and regulations.

RAILROAD INDUSTRIAL USES: Industrial uses and activities associated with the railroad including shipping and distribution of agricultural, timber products, minerals and other materials.

RECORD OF SURVEY: A survey consisting of a metes and bounds property description which includes an appropriate narrative as to its purposes and is certified by a registered land surveyor.

RECREATION, COMMERCIAL/PUBLIC (MOTORIZED): The use of land for commercial and promotional outdoor recreational activities and recreational activities made available to members of the public (not including private uses but including private and public facilities made available on a membership-type basis), including facilities such as those used for automobile tracks and race courses, motocross and motorcycle tracks and race courses, snowmobile tracks and snowmobile race courses, snowmobile tours, all-terrain vehicle tracks and race courses, all-terrain vehicle tours, and other similar activities as determined by the Community Development Director. The use of land for motorized recreation events and activities which generate traffic, parking, and/or staging beyond those typically associated with private activities, or which includes activities in violation of the Summit County noise ordinance shall be deemed to be subject to this definition.

RECREATION, COMMERCIAL/PUBLIC (NON-MOTORIZED): The use of land for commercial and promotional outdoor recreational activities and recreational activities made available to members of the public (not including private uses but including private and public facilities made available on a membership-type basis) including facilities such as: a) neighborhood/community playgrounds, campgrounds, golf courses, tennis courts, and community pools, and b) facilities associated with outdoor recreational activities such as mountain biking, horseback riding, skiing, snowshoeing, dog sledding, and other similar activities as determined by the Community Development Director.

RECYCLING FACILITY, CLASS I: A building, structure or designated area with recycling containers totaling up to sixty (60) cubic yards of capacity per lot or residential/business development used for the collection and temporary storage of recyclable materials such as glass, plastic, aluminum, mixed metals, fiber, and cardboard. These facilities are generally, limited to the use by a specific residential neighborhood, civic facility, or commercial business park.

RECYCLING FACILITY, CLASS II: A building, structure or designated area with recycling containers totaling over sixty (60) cubic yards of capacity per lot or residential/business development used for the collection, processing, composting, and temporary storage or transfer of recyclable materials such as glass, plastic, aluminum, mixed metals, fiber, and cardboard that may be for the use of the entire community.

REGISTERED ENGINEER: An engineer properly licensed and registered in the State.

REGISTERED LAND SURVEYOR: A land surveyor properly licensed and registered in the State of Utah.

REHEARSAL OR TEACHING STUDIO FOR CREATIVE, PERFORMING AND/OR MARTIAL ARTS WITH NO PUBLIC PERFORMANCES: A recreation facility operated as a business on private or public property and open to the public for a fee, such as a dance studio, gymnastics studio, music studio, or substantially similar use, and support facilities customarily associated with the development.

RESERVOIR: An artificial lake or pond used as a source of water supply, for recreation or aesthetic purposes.

RESIDENTIAL CARE FACILITY: A 24-hour group living environment for four (4) or more individuals that offers room and board and specialized care and treatment for the elderly or persons with disabilities.

RESTAURANT: A commercial establishment for preparation, consumption and sale of food and beverages on the premises or for take away consumption.

RETAIL COMMERCIAL ESTABLISHMENTS: An establishment primarily engaged in the sale or rental of commonly used goods and merchandise for personal or household use serving the immediate or surrounding neighborhood. Typical uses include apparel stores, drug stores, grocery stores, book stores, auto parts stores, and other similar uses.

REZONE: A legislative enactment which changes the zone of a conforming or non-conforming parcel(s).

RIDGELINE: An elongated crest at the mountain's apex or an individual mountain summit or less distinct high points on hillsides/steep slopes.

RIDGELINE DEVELOPMENT: Development on the crest of a hill which has the potential to create a silhouette by extending into the skyline or other substantially adverse impact when viewed from a public road.

RIDING ARENA: A building or structure, the use of which is to board horses and/or conduct recreational activities and events, provide riding lessons, instruction or training and showing of horses or other domesticated animals.

RIDING ARENA, COMMERCIAL: A commercial business for the riding and/or training, boarding, breeding, or rental of horses.

RIGHT-OF-WAY: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, irrigation ditch, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. The usage of the term right-of-way for land platting purposes shall mean every right-of-way hereafter established and shown on a final subdivision plat to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.

RIVER: A natural stream of water of fairly large size flowing in a definite course or channel or series of diverging and converging channels. A river is fed along its course by converging tributaries.

ROAD, DEAD END: A local road, private road or public road with only one (1) vehicular traffic outlet.

ROAD, LOCAL: A roadway intended to provide access to and from a local subdivision or a cluster of single-family attached and/or multi-family dwelling units. It provides access to abutting properties.

ROAD, PRIVATE: A private vehicular way consisting of a right-of- way or easement and related improvements for the purpose of vehicular and pedestrian transportation.

ROAD, PUBLIC: Land intended for vehicular travel and transport by the public consisting of a right-of-way or easement and related improvements for the purpose of vehicular transportation. A public road is a Class A, B, or C highway, as set forth in State law.

ROOF MOUNTED SOLAR ENERGY SYSTEM: A Solar Energy System located on the roof of any legally permitted building or structure that produces electricity for onsite or offsite consumption.

SAWMILL: A facility where logs or partially processed cants are sawn, split, shaved, stripped, chipped or otherwise processed to produce wood products, not including the processing of timber for use on the same lot or parcel by the owner of that lot or parcel. Incidental sales of these products and associated products may occur on site.

SCREENING: A visual barrier.

SERVICE PROVIDER: A public or private entity providing public facilities or private utility services to a proposed use or development.

SETBACK: The distance between a lot line to the foundation of a structure or the finished exterior surface of a structure, whichever is closer to the property line, excluding uncovered stairs, roof eaves that do not extend into the setback more than three feet (3'), and decks that do not exceed one foot (1') in height, measured from the top of the deck to the grade directly below.

SETBACK, FRONT: The setback required for each side of a lot or parcel with a driveway leading to a garage or parking space.

SHOOTING RANGE, INDOOR: A facility designed or used for archery and/or the discharging of firearms for the purposes of target practice or temporary competitions, which is completely enclosed within a building or structure.

SHOOTING RANGE, OUTDOOR: The use of land for archery and/or the discharging of firearms for the purposes of target practice, skeet and trap shooting, mock war games, or temporary competitions, which is not completely enclosed within a building or structure.

SIGN, FREESTANDING: A sign supported by poles, uprights or braces extending from the ground or from an object on the ground; provided that no part of the sign is attached to any part of a building.

SITE PLAN, FINAL: A document or map that may be required by Summit County during a preliminary review preceding the issuance of a development permit to demonstrate that an owner's or developer's proposed development activity meets a land use requirement. Final Site Plans shall conform to the requirements of section 11-4-6 of this title.

SKETCH PLAN: A sketch preparatory to the preparation of a final subdivision plat or Final Site Plan.

SOLAR AREA: Total projected area of the Solar Energy System, including space between panels.

SPECIAL EXCEPTION: A legislative exemption from the requirements of the Code.

STAFF: Employees of the Summit County Community Development Department.

STATE: The State of Utah.

STREAM, EPHEMERAL: Ephemeral streams or spring flows are channels that do not flow on a regular annual basis but flow only during major storm events. Their channels lack continuous bed and bank features or appear discontinuous over their reach. If they are not connected to a water of the U.S., they are not afforded any protection under this Code.

STREAM, INTERMITTENT: The natural channel for water, having a continuous bed and bank, and which flows annually but not year- round.

STREAM, PERENNIAL: The natural channel for water having a continuous bed and bank, and which normally flows year-round.

STREET: See definitions of "private road", "local road", "public road".

STRUCTURE: Anything constructed, the use of which requires a fixed location on or in the ground and which projects above the general surface of the ground, or attached to something having a fixed location upon the ground, excluding poles, lines, cables, fences, on grade decks, driveways, and other similar features. All structures must maintain the minimum setbacks for the zone in which they are located, both above and below the ground. This definition includes "building".

SUBDIVISION: Any land that is divided, re-subdivided, 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. Subdivision includes the division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument. Subdivision includes divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.

   Subdivision does not include a bone fide division or partition of agricultural land for agricultural purposes or activity, nor does it include any of the specific circumstances designated in Utah Code Annotated section 17-27a-103(62)(c) and (d), as amended.

SUBDIVISION, APPLICATION FEE: The fee pertaining to subdivision approval as set forth in the County's annual master fee resolution.

SUBDIVISION PLAT, AMENDMENT: A change in a map, plan, or plat of an approved or recorded final subdivision plat if such change affects any street layout in such map, plan or plat, or any area reserved thereon for public use, or if it affects any map, plan or plat legally recorded prior to the adoption of any regulations controlling subdivisions. Also referred to as a re-subdivision.

SUBDIVISION PLAT, FINAL: The map, plan or plat of a subdivision and any accompanying material, as described in this title, that is intended to be recorded in the Office of the County Recorder.

SUBDIVISION PLAT, RE-SUBDIVISION: The process of subdividing within a recorded subdivision.

SURVEYOR'S CERTIFICATE: A certification by a registered land surveyor which appears on a final subdivision plat, record of survey, or final site plan.

TELE- COMMUNICATIONS FACILITY, COLOCATION: A telecommunications facility includes a single antenna support structure, but more than one (1) telecommunications provider's antennas and telecommunication equipment.

TELECOMMUNICATIONS EQUIPMENT: Equipment used in a telecommunications facility other than the antenna, antenna support structure or equipment enclosures. Telecommunications equipment may include, but is not limited to, electronic equipment necessary for processing wireless communication signals, air conditioning, backup power supplies and emergency generators.

TELECOMMUNICATIONS EQUIPMENT ENCLOSURE: A structure, shelter, cabinet or vault used to house and protect telecommunications equipment.

TELECOMMUNICATIONS FACILITY: An unmanned structure which consists of antennas, antenna support structures, telecommunications equipment and equipment enclosures, as defined herein, that transmit and/or receive voice and/or data communications through radio signals such as, but not limited to, cellular or "PCS" (personal communications system) communications and paging systems, whether commercially or privately operated.

TELECOMMUNICATIONS, NONSTEALTH DESIGN: Any antenna or equipment enclosures not camouflaged in a manner to blend with surrounding land uses, features or architecture. Non-stealth design does not conceal the intended use of the telecommunications facility. A monopole with equipment enclosures aboveground and unscreened are non-stealth.

TELECOMMUNICATIONS, STEALTH DESIGN: Antennas, antenna support structures and telecommunication equipment enclosures camouflaged or designed to blend with surrounding land uses, features and architecture, thus minimizing the aesthetic impact on adjacent uses, thereby concealing the intended use and appearance of the telecommunications facility, such as by heavy landscaping, or installing telecommunications equipment within existing buildings, behind vegetative screening, or placing equipment enclosures underground, thus preserving or striving to maintain the rural aesthetics within the Eastern Summit County Planning District. A flush wall mount antenna that is painted the same color as the background and located on a building where the telecommunications equipment is located inside the building is an example of stealth design. Other examples of potentially stealth compliant design include, but are not limited to, roof mount antennas, utility pole antennas, light or flag poles, artificial rocks or trees. All small wireless facilities are required to be stealth and all associated equipment shall be hidden. All small wireless facilities antennae shall be either in a form of cantenna and/or be shrouded. All top-mounted pole installs shall be the same diameter as the pole light in order to be considered stealth. All side-mounted installs shall be shrouded, match the color of the pole, and shall not exceed the thickness of the pole to which they are mounted to. All new poles shall be the same height and design as adjacent poles. All equipment cabinets shall be integrated inside the pole or shall be hidden from view. Non-pole installs must resemble and be collocated on or adjacent to preexisting structures to qualify as "TELECOMMUNICATIONS, STEALTH." Any antenna, antenna support structures, and/or telecommunication equipment enclosures must resemble and be collocated on or adjacent to preexisting vegetation and/or structures to qualify as "stealth." Notwithstanding, stealth telecommunication facilities are allowed to be located on ridgelines.

TEMPORARY STRUCTURE OR BUILDING: Buildings and structures that meet the definition of temporary under the Building Code.

TITLE: Title 11 of the Summit County Code.

UNDEVELOPABLE LANDS: Those lands which consist of steep slopes, wetlands or critical lands as set forth in section 11-2-4 of this title.

UNINCORPORATED: Not part of a city or municipality.

USE: The activity that occurs on the land and/or within a structure.

USE, ACCESSORY: A use conducted on the same lot or parcel as the principal use or structure with which it is associated; and is a use which is clearly incidental to and is customarily found in connection with such principal use and is either in the same ownership as such principal use or is maintained and operated on the same lot or parcel substantially for the benefit or convenience of the owners, occupants, employees, customers or visitors of the principal use. No accessory use shall be allowed on any lot or parcel unless the principal use is being actively utilized.

USE, ALLOWED: Those uses which are permitted by right within a zone, as set forth in section 11-3-16, "Chart Of Allowed And Permitted Uses", of this title.

USE, CONDITIONAL: Those uses which are conditionally permitted within a zone, as set forth in section 11-3-16, "Chart Of Allowed And Permitted Uses", of this title.

USE, LOW IMPACT: A low intensity use as identified in section 11-3-166, "Chart Of Allowed And Permitted Uses", of this title.

USE, PERMITTED: See definition of use, allowed.

USE, PRINCIPAL: A use that is an allowed use, a conditional use, or a low impact use. Does not include an accessory use or a temporary use.

USE, PROHIBITED: Any use that is not an allowed use, conditional use, temporary use, low impact use, or accessory use. A prohibited use cannot be permitted within the zone.

USE, TEMPORARY: A limited duration activity.

UTILITY ANCILLARY SUPPORT BUILDING: A building which is subordinate to a utility tower, necessary for the normal function of the utility tower and located on the same site as the utility tower.

UTILITY LINE, UNDERGROUND: Wires, cables, and pipes placed in the ground to transmit materials, energy services, or communication services.

UTILITY STRUCTURE AND RELATED FACILITIES: May include a building or structure that is constructed so as to provide assistance, benefit and aid, directly or indirectly, to a service such as electrical power, light, and forms of communication including: telephone, telegraph, fiber optic signals, cellular service for both analog and digital signals, and radio and television signals to name a few. This list is not intended to be all inclusive.

UTILITY TOWER: A structure typically higher relative to surrounding structures that provides a service in the form of electrical power, light, or forms of communication, limited to: telephone, telegraph and fiber optic signals. Utility towers do not include towers used exclusively for wireless communications.

VARIANCE, SPECIAL CIRCUMSTANCES: A circumstance which complies with subsection 11-4-10E of this title.

VARIANCE, UNREASONABLE HARDSHIP: A hardship which complies with subsection 11-4-100D of this title.

VARIANCE, USE: A variance from the use or density of a zone.

VARIANCE, ZONING: A waiver of specific zone regulations of this title granted by the Board of Adjustment in accordance with the provisions set forth in this title and State law for the purpose of assuring that no lot or parcel, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by similar lots or parcels.

VESTED RIGHT: A legal entitlement to a use or structure.

VETERINARIAN CLINIC: A licensed medical establishment for the care and treatment of domestic animals.

WAREHOUSING AND STORAGE: An establishment offering wholesaling, storage, and handling of materials and equipment. May include storage warehouses, wholesale distributors, self-storage facilities, and moving and storage firms.

WATER OR WASTEWATER TREATMENT PLANT: The facility or group of units used for the treatment of industrial or domestic wastewater for sewer systems and for the reduction and handling of solids and gases removed from such wastes, in preparation for the discharge of treated waters into natural waters.

WATER RIGHT: The legal right to use water.

WATER, WET: Actual ability to obtain physical water from a source, such as through a water system or an operational well.

WETLAND: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (hydric soils). Wetlands generally include swamps, marshes, bogs, and similar areas. An area of land can only be determined to be wetlands through designation by the U.S. Army Corps of Engineers.

ZONE: A land use area designated on the Zone District Map.

ZONE DISTRICT MAP: The official Zone District Map for the Eastern Summit County Planning District, adopted in accordance with State law and this title.

(Ord. 868, 6-14-2017; amd. Ord. 877, 4-18-2018, eff. 6-1-2018; Ord. 908, 8-12-2020; Ord. 924, 1-19-2022; Ord. 940, 8-3-2022; Ord. 966, 9-13-2023; Ord. 969, 11-8-2023)