The following definitions are hereby adopted for the purposes of this title, and the regulatory statements included therein are part of this title:
AB INITIO: From the beginning.
ABANDONMENT: A use, building or structure shall be deemed abandoned if said use has not applied to the premises for any period of twelve (12) consecutive months. The relinquishment of property or a cessation of the use of the property by the owner, with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.
ABUTTING: Land having a common property line or zoning district line or separated only by a private street, alley or easement, having property or zone district boundaries in common.
ACCESS: A way of approaching or entering a property. In zoning and subdivision regulations, lots of record are usually required to have direct access to a public street or highway, or to a private street meeting public standards. In the context of land use controls, access includes ingress (the right to enter) and egress (the right to leave).
ACCESSORY, ACCESSORY USE OR ACCESSORY STRUCTURE: A use or structure subordinate to the principal use or structure on the same lot or parcel of land and serving a purpose customarily incidental to the use of the principal building or use. Where an accessory building has a wall or a portion of a wall not less than four feet (4') in length in common with the main building, such accessory building shall be considered a part of the main building.
ADJACENT PROPERTY: That property within three hundred feet (300') of any property line or boundary of the lot in question.
AGENT OR OWNER: Any person who can show written proof that such person is acting for the property owner.
AGRICULTURAL INDUSTRY OR BUSINESS: An industry or business involving agricultural products in manufacturing, packaging, treatment, sales or storage, including, but not limited to, food packaging or processing facilities and similar uses as determined by the planning commission.
AGRICULTURE: The tilling of the soil, the raising of crops, horticulture and gardening, but not including the keeping or raising of domestic animals or fowl, except household pets, and not including any agricultural industry or business, such as fruit packing plants, vegetable or fruit stands or similar uses.
AIR RIGHTS: The right to use the air space over the property of someone else, typically, but not always, over railways and highways.
AIRPORT: A tract of level land designed or used as a place where aircraft can take off and land, which is usually equipped with hard surfaced landing strips, a control tower, hangars, accommodations for passengers and cargo, and facilities for repair, fueling, etc.
ALLEY OR LANE: A public or private way affording only secondary means of access to abutting property.
AMORTIZATION: A method of eliminating nonconforming uses by requiring the termination of the nonconforming use after a specified period of time.
APARTMENT: A dwelling unit in a multi-family building.
APARTMENT BUILDING: A building or portion thereof arranged, designed for and/or occupied as a nontransient residence which contains multi-family dwelling units. This shall not be deemed to include motels, hotels or other buildings used or intended to be used for the accommodation of transient automobile travelers or other transient guests.
APPURTENANCE: Accessory equipment that is considered incidental to the principal property, such as utility and water meters, connection equipment or junction boxes.
ARCADE OR COIN OPERATED AMUSEMENT VIDEO GAME CENTER: Any business establishment containing greater than three (3) coin operated amusement, electronic or video machines or games.
ASSESSMENT RATIO: The regulation between the assessed value of a property and true market value.
AUTOMOBILE REPAIR, MAJOR: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, collision service, including body, frame or fender straightening or repair, overall painting or paint shop.
AUTOMOBILE SERVICE STATION OR FILLING STATION: A place where gasoline or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, and where services performed may include tube and tire repair, battery charging, storage of merchandise, lubricating of automobiles, replacement of spark plugs, lights, fans and other small parts, but not including washing services when conveyor, blower or steam cleaning devices are involved, nor including major auto repair.
BASEMENT: A story whose floor is more than twelve inches (12") below the adjoining ground, but where no more than one-half (1/2) of its floor to ceiling height is above the adjoining ground. A basement shall not be considered a story if no more than thirty inches (30") of said basement is exposed at any point of grade.
BUFFER ZONE: A strip of land zoned to protect one type of land use from another with which it is noncompatible. The term may also be used to describe any zone that separates two (2) unlike zones.
BUILDING: Any structure having a roof and columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. "Building" shall not include any form of vehicle, even though immobilized. Where this title (or where special authority granted pursuant to this title) requires that a use shall be entirely enclosed within a building, this definition shall be qualified by adding "and enclosed on all sides".
BUILDING AREA: The total square footage of a lot covered by a building measured on a horizontal plane at mean grade level, exclusive of uncovered porches, terraces and steps.
BUILDING ENVELOPE: The net cubic space that remains for placing a structure on a site after building line, setback, side yard, height and bulk regulations are observed.
BUILDING FRONTAGE: The linear width of that side of a building which contains the main entrance for pedestrian ingress and egress. If more than one main entrance exists, the side of a building that more nearly faces or is oriented to the street of highest classification as portrayed on the official street map shall be considered the building frontage. If all streets are of the same classification, the building frontage is the linear width of the side of the building with the smallest linear dimension.
BUILDING HEIGHT: The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum height of any segment of the building. The reference datum shall be selected by either of the following, whichever yields a greater height of building:
A. The elevation of the highest adjoining sidewalk or ground surface within a five foot (5') horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet (10') above lowest grade; or
B. An elevation ten feet (10') higher than the lowest grade when the sidewalk or ground surface described in subsection A of this definition is more than ten feet (10') above lowest grade.
BUILDING LINE: A line parallel to the front line and the street lot line, and at a distance therefore equal to the required depths of front and street side yards, and extending across the full widths of these yards.
BUILDING, MAIN: A building in which is conducted the principal use of the building site on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the building site on which the same is located.
CABIN: A living space equipped with a sleeping area, kitchen area and full bathroom facilities connected to a sewer system, with electricity and culinary water available inside the cabin. The cabin must be constructed in compliance with applicable building codes, be a minimum of one hundred fifty (150) square feet but not more than four hundred (400) square feet. No more than ten percent (10%) of the total sites in an RV Resort may be cabin sites.
CABIN SITE: An area within an RV Resort that contains a short-term rental cabin as well as one paved/concrete automobile parking space within the site. Cabin sites must be a minimum of one thousand six hundred (1,600) square feet in size and cabins must be separated from one another by at least the distance (or type of firewall) required by the international fire code as adopted by the City.
CAMPGROUND: A public area designated by a public agency for camping, or a private area licensed by the City for camping.
CAMPING: A temporary establishment of living facilities, such as tents or recreational coaches, as regulated by this title.
CARETAKER: A person employed by the owner of a private, residential dwelling to reside within the home or within a building accessory thereto and to primarily provide maintenance, custodial, healthcare or security services. A person shall not be deemed a caretaker within the meaning of this title who shall possess any interest, whether legal or beneficial, in the dwelling, or who shall give consideration, excluding caretaker services, to the owner of said dwelling for the privilege of residing therein.
CARETAKER UNIT: A room or rooms within or annexed to a larger dwelling, used or intended to house a "caretaker", as defined in this section, and certified to be used as such by the owner or owners of the dwelling upon a form supplied by the City and certifying that the caretaker unit is to be occupied only by a "caretaker", as defined in this section.
CARPORT: A private garage not completely enclosed by walls or doors. For purposes of this title, a carport shall be subject to all of the regulations prescribed in this title for a private garage.
CARRYING CAPACITY: The level of land use that can be permanently accommodated without an irreversible change in the quality of air, water, land or plant and animal habitats.
CEMETERY: Land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbariums when operated in conjunction with and within the boundaries of such premises.
CENTERLINE OF STREET: That line designated as such in any street in the city engineer's records, or so designated by the city engineer.
CHURCH: A building, together with its accessory buildings and uses, maintained and controlled by a duly recognized religious organization where persons regularly assemble for worship.
CLINIC, DENTAL OR MEDICAL: A building in which a group of dentists, physicians and allied professional assistants are associated for the conduct of their profession. The clinic may include a dental and/or medical laboratory and pharmacy, but it shall not include inpatient care or operating rooms for major surgery.
CLUB, SOCIAL: Any organization, group or association supported by its members where the primary purpose is to render a service to said members and their guests.
CLUSTER DEVELOPMENT: A type of development that allows the reduction of lot sized below the zoning ordinance's minimum requirements of the land thereby gained is preserved as permanent open space for the community.
COMMISSION (Also Referred To As PLANNING COMMISSION): Planning commission members perform all functions and duties as required by Utah Code Annotated title 10, chapter 9a. In addition, they are charged with all duties as outlined in section 10-3-1 of this title.
CONDEMNATION: The taking of private property by a government unit for public use when the owner will not relinquish it through sale or other means. The owner is recompensed by payment of "market value".
CONDITIONAL USE: The use of land that, because of its unique characteristics or potential impact on the city, surrounding neighbors or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. In order for a conditional use to be considered, it must be listed as such in the applicable zone.
CONDOMINIUM PROJECT: A real estate plan or project whereby two (2) or more units, whether contained in an existing or proposed building or buildings, are separately offered or proposed to be offered for sale. "Condominium project" shall also mean the property when the context so requires. The owner or developer of any condominium project or "time period unit project", as defined in this section, shall comply with the Utah condominium ownership act, Utah Code Annotated title 57, chapter 8, hereby incorporated within and made a part of this title by reference. Such owner or developer shall also comply with all pertinent provisions of this title.
CONVERSION: Alteration of the use of an existing structure while retaining, without substantial alteration, the exterior portion of the structure. A change of the architectural style or scale of the structure shall be deemed to be a substantial alteration.
CORRAL: An enclosed space, other than a building, less than one acre in area, used for the confinement of farm animals.
COUNCIL: The Toquerville City council.
COUNTY: County of Washington, state of Utah.
COURT: An open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings, and which is bounded on two (2) sides by such building or buildings.
COVENANT: A private legal restriction on the use of land contained in the deed to the property or otherwise formally recorded. Covenants held by homeowner associations are not enforced by the municipality.
COVERAGE: The total area, expressed as a percentage of lot area, which is the result of adding together the footprints of all buildings and structures on a lot or parcel of land, as projected to the ground, exclusive of eaves, exterior decks, landings and stairways; and all paved or graveled areas or areas of ground covered by impervious materials on the same lot or parcel or site. In determining such paved and impervious areas, the following shall be excluded:
A. Four hundred (400) square feet of any driveway, except for portions thereof which serve as required parking space or which occupy a required side yard; and
B. Sixty (60) square feet of walkway in the front yard on building sites which are fifty feet (50') or more in width.
CUT: Land surface which is reshaped by man or machine through the removal of soil, rock or other materials.
DAYCARE CENTER, CHILDCARE CENTER OR PRESCHOOL: Any premises used for the care of four (4) or more children who are not related within the second degree to the operator of said premises.
DELICATESSEN OR DELI: An establishment that sells precooked or prepared foods which are typically kept refrigerated but otherwise ready for serving, such as meats, cheeses, prepared salads and pastas. A "delicatessen" does not provide dining facilities. A "restaurant" may be associated with a "delicatessen", but is a distinctly different type of establishment.
DENSITY: The number of acres required for each residential dwelling which, therefore, determines the number of residential dwellings permitted in a total area of property.
DESIGN PERMIT REVIEW: Review of commercial, industrial and residential structures, and some signs, to ensure project design and design consistency with structures and the general environment of the surrounding area.
DEVELOPER: The person, persons, corporation, firm or partnership responsible for the development of land, structures or the use of land.
DEVELOPMENT: The carrying out of any building activity or clearing of land as an adjunct of construction.
DEVELOPMENT PARCEL: Any quantity of land capable of being described with such definity that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.
DISABILITY: A physical or mental impairment that substantially limits one or more of a person's major life activities (self- care, receptive or expressive language, learning, mobility, self-direction, capacity for independent living or economic self-sufficiency), including a person having a record of such an impairment or being regarded as having such an impairment. Disability does not include current illegal use of, or addiction to, any federally controlled substance, as defined in section 102 of the controlled substances act, 21 USC 802. See Utah Code Annotated sections 57-21-2 and 62A-5-101.
DISABLED PERSON: A person who has a severe, chronic disability attributable to a mental or physical impairment or to a combination of mental and physical impairments which is likely to continue indefinitely and which results in a substantial functional limitation in three (3) or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living or economic self-sufficiency; and who requires a combination or sequence of special interdisciplinary or generic care, treatment or other services that are individually planned and coordinated to allow the person to function in, and contribute to, a residential neighborhood.
DISTRICT OR ZONE: A portion of the territory of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required, and within which certain off street parking and landscaped areas are required and certain uniform height regulations are established for buildings and structures, all as set forth and specified in this title.
DRIVE OR DRIVEWAY: A private roadway, the use of which is limited to persons residing, employed or otherwise using or visiting the private property on which the driveway is located, or to which the driveway extends.
DWELLING: Any building or portion thereof designed or used for residential occupancy, including single-family, two-family, multiple-family and apartment structures; but shall not include boarding, rooming or lodging houses, hotels, motels, tents, trailers, mobile home parks, motor courts or similar structures designed or used primarily for transient residential uses.
DWELLING, APARTMENT: See definition of Apartment.
DWELLING, DORMITORY: A building or portion thereof containing up to ten (10) rooms, arranged, designed for and/or occupied as nontransient sleeping quarters for ten (10) or more individuals and having one principal entryway or entrance, one principal kitchen facility and/or toilet facility, or other public room.
DWELLING GROUP: A group of two (2) or more detached dwellings located on a parcel of land in one ownership.
DWELLING, MULTIPLE-FAMILY: A dwelling arranged, designed for and/or occupied by three (3) or more families living independently of each other, and containing three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY: A detached building arranged, designed for and/or used for, or occupied by, not more than one family, and which building has not less than one kitchen and one bathroom.
DWELLING, TWO-FAMILY OR DUPLEX: A dwelling arranged, designed for and/or occupied by two (2) families living independently of each other, and containing two (2) dwelling units.
DWELLING UNIT: One or more rooms in a dwelling designed for living and sleeping purposes, and having not less than one kitchen and one bathroom.
EASEMENT: A space on a lot or parcel of land explicitly reserved, permitted or used for location of and/or access to utilities, drainage, driveways or other rights of way.
EFFICIENCY DWELLING UNIT OR EFFICIENCY APARTMENT: A dwelling unit with an area of less than five hundred (500) square feet which has living, kitchen and sleeping areas essentially within one room, and which does not contain a bedroom separated from the living areas by walls or structural partitions.
ELDERLY PERSON: A person who is sixty (60) years old or older.
EXCAVATION: Any disturbance to the ground, including, but not limited to, clearing, grubbing, rock removal, cutting, tunneling, drilling or any other activity which alters the natural ground.
FAMILY: An individual or group of two (2) or more persons occupying a dwelling and related by blood, marriage, contract or adoption, or a group of not more than three (3) persons who are not related, living together as a single housekeeping unit.
FARM ANIMALS: Includes cows, horses, goats, pigs, chickens and domestic animals.
FARMERS' MARKET: A public marketplace where fresh foods from a defined local area (within the state of Utah) are sold by the people who have grown, gathered, raised or caught them. Farmers may pay a fee to sell at the market.
FAST FOOD OR DRIVE-IN RESTAURANT: A place of business which sells food products or beverages, and which:
A. Delivers such food products or beverages to customers outside of the building in which they are prepared by means of a service window, counter or similar method or device for consumption off the premises;
B. Delivers such food products or beverages to customers within a building which is designed in such a manner that a majority of the customers will remove such food products or beverages from the building for consumption off the premises; or
C. Serves such food products or beverages exclusively in disposable containers, to facilitate consumption off the premises.
FENCE: A physical barrier to delineate, contain, screen or designate an area designed for a specific use, such as an enclosure for a dwelling, utility, storage area or landscaping.
FILL: The deposit of soil, rock or other materials placed by man.
FLAG LOT: A lot which:
A. Is created from a larger lot;
B. May allow for the construction of a single- family dwelling on property that may otherwise be unable to accommodate such development;
C. Must meet all requirements of the zone in which the lot is located, except as noted herein;
D. Does not have the required street frontage of the zone;
E. Has either a staff that is owned in fee simple interest or an irrevocable easement from the lot to a dedicated street. This staff must be a minimum twenty six feet (26') wide and comply with fire authority specifications, from the street to the flag portion of the lot.
FOOTPRINT: The square footage of a building or structure on a lot or parcel of land as projected to the ground, exclusive of eaves, exterior decks, landings and stairways. "Footprint" includes garage, carport, covered porches and covered decks, unless otherwise designated within the scope of any chapter of this title.
FRANCHISE: A single unit of a larger business chain.
FRONTAGE: The linear measurement of the front lot line, or linear measurement at setback as required by zone.
GALLERY: A building or hall, or portion thereof, in which artistic work is displayed for exhibition or sale.
GARAGE, PARKING: A building used for the parking of more than five (5) automobiles, whether at no cost or for a charge, for compensation or as an accommodation.
GARAGE, PRIVATE: A detached accessory building or a portion of a principal building designed and/or used only for the shelter or storage of passenger vehicles or trailers owned or operated by the families resident upon the premises and in which no occupation or business for profit is conducted.
GARAGE, PUBLIC: Any premises, other than a private garage, used for the storage, care, sale, hire, repair or refinishing of self-propelled vehicles or trailers.
GENERAL PLAN: A document that the City adopts that sets forth general guidelines for proposed future development of the land within the City. "General plan" also includes what is also commonly referred to as a "master plan".
GEOLOGIC HAZARD: A hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property or improvement due to movement, failure or shifting of the earth.
GIFT SHOP OR CURIO SHOP: A retail store where novelty gifts, collectibles and trinkets are characteristically offered for sale.
GRADE, EXISTING: The elevation of the surface of the ground, whether natural or altered, that exists prior to the excavation or grading under consideration or otherwise in question.
GRADE, FINISH: The elevation of the finished surface of the ground.
GRADE, NATURAL: The elevation of the surface of the ground which has been created through the action of natural forces and has not resulted from manmade cuts, fills, excavation, grading or similar earthmoving processes. The topographic maps of the City shall be the primary, though not exclusive, reference for determination of natural grade. Natural grade shall be determined in every instance where necessary by the City Engineer.
GROSS AREA: The sum of all areas of several floors of the building, including basements (unless excluded within the scope of any chapter in this title), mezzanines, intermediate floored tiers and penthouses of headroom height, measured from the exterior faces of exterior walls or from the centerline of common walls separating buildings, garages and covered carports.
GUEST: Any person or persons staying, for a time period not to exceed sixty (60) days, within a dwelling unit without payment or compensation or remuneration to the owners, tenants or full time inhabitants of said dwelling unit.
GUESTHOUSE: Living quarters within an accessory building for use by guests of the occupants of the premises. May have kitchen facilities, but shall not be rented or otherwise used as a separate dwelling unit, except as may otherwise be provided within this title.
GUESTROOM: Any room or rooms used or intended to be used by a guest for sleeping purposes.
HABITABLE SPACE: Space in a structure for living, working, retail, sleeping, eating, cooking or the like. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space.
HELISTOP OR HELIPORT: A facility designed to accommodate helicopters for landings and takeoffs. A heliport includes such services as refueling, maintenance, repairs or storage of helicopters.
HISTORIC BUILDING OR HISTORIC STRUCTURE: Any building or structure which the Planning Commission finds to meet the following standards:
A. The building or structure is associated with events that have made a significant contribution to the broad patterns of our history;
B. The building or structure is associated with the lives of persons significant in our past;
C. The building or structure embodies distinctive characteristics of type, period or method of construction, whether it represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or
D. The building or structure has yielded, or may be likely to yield, information important in prehistory or history.
HOME OCCUPATION: The conducting of any business, transaction or activity for which consideration of any nature is received within any permitted zoning district. Garage or yard type sales do not constitute a home occupation provided they are held no more than four (4) times per calendar year and last no more than three (3) consecutive days on each occasion.
HOSPITAL: An institution that provides major medical or surgical care and treatment and overnight accommodations for the sick and the injured.
HOTEL: A transient lodging facility usually containing ten (10) or more guestrooms and having one principal entryway or entrance, a lobby or other public rooms.
HOUSEHOLD PETS: Animals or fowl ordinarily permitted in the house and kept for company or pleasure and not for profit, such as dogs, cats and canaries, but not including a sufficient number of dogs to constitute a commercial kennel.
IMPERVIOUS MATERIAL: Matter that is impenetrable by moisture. For the purposes of this title, any finished surface which qualifies as "all weather surfacing", according to specifications provided by the City Engineer, shall be deemed impervious.
JUNKYARD OR AUTOMOBILE WRECKING YARD: The use of any lot, portion of a lot or tract of land for the storage, keeping or abandonment of junk, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of automobiles or other vehicles, or machinery or parts thereof; provided, that this definition shall be deemed not to include such uses which are clearly accessory and incidental to any agricultural use permitted in the district.
KENNEL, COMMERCIAL: A commercial establishment or other facility having four (4) or more dogs for the purpose of boarding, breeding, keeping, buying, selling, grooming, letting for hire or training for a fee and requiring a conditional use permit.
KITCHEN: Any room and/or other place used or intended or designed to be used for cooking or for the preparation of food.
LANDING STRIP: An aircraft runway without airport facilities.
LANDSCAPING: An expanse of natural scenery; or the addition of trees, plants, lawns and other natural and decorative features to land.
LANE, PRIVATE: A thoroughfare upon land owned in fee simple or by way of an easement, upon which a lot has the frontage required by this title, which lane has been approved by the Planning Commission and City Council, as fulfilling the frontage requirements of this title.
LEGISLATIVE BODY: The City Council.
LICENSED PROFESSIONAL ENGINEER: An engineer specializing in the specifically stated area (civil, geotechnical, etc.) of engineering and currently registered in the State of Utah.
LOT: A parcel of land in single ownership occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this title, having frontage upon a street or upon a right-of-way approved by the Planning Commission, or upon a right of way not less than twenty feet (20') in width. Except as provided in this title, not more than one dwelling may occupy one lot. Furthermore, a lot is a parcel of land:
A. Identified with a number and designation on the final plat of a subdivision recorded in the office of the county recorder of Washington County; or
B. The dimensions or boundaries of which are defined by a record of survey map recorded in the office of the county recorder of Washington County in accordance with the law regulating the division of said land, or ownership.
LOT AREA: The total area within the boundaries of a lot or parcel of land.
LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of not more than one hundred thirty five degrees (135°).
LOT DEPTH: The horizontal distance between the front and the rear lot lines measured in the main direction of the side lot lines.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINE, FRONT: For an interior lot, the lot line adjoining the street; for a corner lot, the lot line adjoining either street, as elected by the lot owner.
LOT LINE, REAR: Ordinarily, that line of a lot which is opposite and most distant from the front line of the lot. In the case of a triangular or gore shaped lot, a line ten feet (10') in length within the parcel parallel to and at a maximum distance from the front lot line. In cases where these definitions are not applicable but a determination is necessary, the planning commission shall designate the rear lot line.
LOT LINE, SIDE: Any lot boundary line not a front or rear lot line. A side lot line separating a lot from another lot or lots is an interior side lot line; a side lot line separating a lot from a street is a street side lot line.
LOT LINES: The property lines bounding a lot or parcel of land.
LOT, RIGHT OF WAY: A strip of land of not less than sixteen feet (16') in width connecting a lot to a street for use as private access to that lot.
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.
MAINTENANCE: Routine repair, replacement or refurbishing of existing materials in order to preserve or keep property in proper condition, and painting, repainting, cleaning or other normal maintenance or repair not involving structural changes.
MANUFACTURED HOMES: A structure built after June 16, 1976, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein.
MARKET OR GROCERY STORE: A retail store which typically specializes in the sale of food items.
MIXED USE: Residential uses combined with either or both commercial or office uses.
MOBILE HOME: A structure built prior to June 15, 1976, transportable in one or more sections, which is eight (8) body feet or more in width and thirty two (32) body feet or more in length and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation when connected to required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein.
MODEL HOMES: A home allowed that may or may not be used as a sales office established within a subdivision, for the purpose of showing newly developed residences to the public for sale.
MODULAR HOME OR BUILDING: A structure built in accordance with the standards set forth in the International Building Code adopted and in effect at the time of construction which is composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.
MOTEL: A transient lodging facility usually containing one or more buildings. Guestrooms usually have outside entrances.
MUNICIPALITY: Toquerville City.
NATURAL WATERWAYS: Those areas varying in width along streams, rivers, gullies or washes which are natural drainage channels.
NIGHTLY RENTAL: The act of leasing a dwelling, or any part thereof, by a person or entity to another for a consecutive period of thirty (30) calendar days or less in exchange for direct or indirect remuneration.
NIGHTLY RENTAL DEVELOPMENT: A new development containing Dwellings or commercial structures with Dwellings located therein where each and every Dwelling in the entire development is allowed to be rented, under the Section 10-15C-13 of the Toquerville City Code on a basis of less than thirty (30) consecutive days.
NONCOMPLYING STRUCTURE: A building or structure or portion thereof, lawfully existing at the time it was constructed, but because of subsequent changes in regulations, no longer conforms with the regulations for the district in which it is situated.
NONCONFORMING USE: A use which lawfully occupied a building lot or parcel of land at the time said use was initiated or created, but because of subsequent changes in regulations, no longer conforms with the regulations for the district in which it is situated, and which has been maintained continuously since the time the zoning regulation covering the land changed.
NONPROFIT: A corporation lawfully registered under State law according to the Utah Nonprofit Corporation Act and any future amendments thereto, or lawfully registered under any corresponding State Corporations Act or Code and duly recognized by the United States Internal Revenue Service as a nonprofit corporation.
NURSING HOME, REST HOME OR CONVALESCENT HOME: An institution, other than a hospital, for the care of human illness or infirmity in which care, rather than diagnosis or treatment, constitutes the principal function.
OFF SITE CONSTRUCTION: Any construction related to a subdivision which is not within the platted subdivision.
OFFICE: A building or room, or portion thereof, or other structure either temporarily or permanently located, wherein a business or service for others is transacted, but not including the storage or sale of merchandise on the premises.
OPEN SPACE: The use of land which leaves soil generally undisturbed and upon which natural vegetation, whether or not native to the area, occupies the major visible aspect of the land.
PACKAGE AGENCY: An outlet authorized by the Utah Alcoholic Beverage Control Commission to sell original package liquor or wine for consumption off the premises.
PARCEL: See definition of lot.
PARKING LOT OR PARKING AREA: An open area, public or private, other than a street or alley, used for the parking of more than four (4) automobiles, whether free, for compensation, or as an accommodation. Except as otherwise provided by this title, required parking spaces shall not be provided within a required front yard or side street side yard.
PARKING SPACE: A space within a public or private parking area, exclusive of access or maneuvering areas, ramps or columns, to be used exclusively as temporary parking or storage for one private motor vehicle.
PASTURE: A space, which may contain agricultural buildings or structures, greater than or equal to one-fourth (1/4) acre in area and of at least one hundred feet (100') in width, designed and used specifically for the confinement and grazing of farm animals.
PEDESTRIAN CONVENIENCE: A noncommercial structure located in such a fashion as to be convenient for the use and enjoyment of the public, typically located along a sidewalk or other pedestrian pathway, such as a park bench, drinking water fountain, lamppost, trash receptacle or other similar structure.
PERMANENT: Not expected to change in status, condition or place. Lasting or meant to last indefinitely.
PERMITTED USE: A use of a lot or parcel of land permitted under the restrictions and regulations of the district in which it is situated and, as such, subject to such restrictions and regulations governing use, location, materials and height of buildings, densities, open space and other such regulations and restrictions as might apply within each specific district.
PERSON: An individual, association, firm, partnership, corporation or any similar legal entity.
PLANNED UNIT DEVELOPMENT OR TOWNHOME DEVELOPMENT: A real estate plan or project whereby two (2) or more dwellings or dwelling units, on separately owned lots, are joined together in an owners' association which owns common property in the planned project, and administers the project for the benefit of the owners and residents.
PLANNING COMMISSION: Planning commission members perform all functions and duties as required by Utah Code Annotated title 10, chapter 9a. In addition, they are charged with all duties as outlined in section 10-3-1 of this title.
PRESERVATION: Retaining intact, in an unaltered condition.
PUBLIC: That which is under the ownership of the United States government, the state of Utah or any agency or subdivision thereof, Washington County or Toquerville City (or any department or agency thereof), or referring to the general populace.
PUBLIC USE: A use operated exclusively by a 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, administrative and service facilities, and public utilities.
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, universities and similar uses.
RECLAMATION: Restoring the quality and character of the land to a seemingly natural state, accomplished through loosening and revitalization of the soil, the cultivation of indigenous or naturalized plant species, and the dedication of such land to resume existing in a natural manner.
RECREATION, COMMERCIAL: The use of property for recreational facilities operated as a business and open to the general public for a fee.
RECREATION, PRIVATE, NONCOMMERCIAL: A recreational facility operated by a nonprofit organization and open only to bona fide members of such nonprofit organization.
RECREATION, PUBLIC: Recreation facilities operated by a public agency and open to the public with or without a fee.
RECREATIONAL FACILITIES: Shall include conventional playgrounds, baseball fields, basketball courts, tennis courts, racquetball and handball courts, swimming pools, fitness centers, fitness courses, weight rooms or full scale nine (9) or eighteen (18) hole golf courses.
RECREATIONAL VEHICLE (RV):
A. Dependent: An RV not containing sanitary facilities and/or devices for connecting said facilities to a community waste disposal system. Dependent RV sites are only allowed adjacent to tent sites. No more than ten percent (10%) of the total sites in an RV Resort may be dependent RV sites.
B. Independent: A motor home, travel trailer or fifth wheel trailer containing sanitary facilities and devices for connecting said facilities to a community waste disposal system. This type of RV may also be referred to as a self- contained recreational vehicle.
REPAIR: The reconstruction or renewal of any part of an existing structure or building for the purpose of its maintenance.
RESIDENTIAL CREATIVITY CENTER: A building or buildings on the same parcel providing nonprofit housing and work centers on a temporary basis of six (6) months or less for persons engaged in humanities or fine arts projects.
RESTAURANT, CAFE OR COFFEE SHOP: An establishment which serves food or beverages primarily to persons seated within a building, but may include patio seating associated therewith.
RIGHT OF WAY: An easement or other legal right of passage over another person's land.
ROADSIDE PRODUCE STAND: A temporary structure in place less than seventy two (72) hours, designed or used for the display or sale of agricultural products produced upon which such a stand is located.
RV RESORT: A parcel of land under the control of any person wherein two (2) or more RV sites, along with amenities, facilities, and services designed to provide guests with a higher quality experience than found in an RV park or campground, are offered for short term rental to the public and complies with the requirements of this Chapter. RV Resorts shall not consist of more than eight (8) sites for RVs, cabins, and tents per gross usable acre.
RV SITE: An area within an RV Resort that may be rented to place an RV and parking for the towing vehicle if not a self-propelled R V.
SR 17 HIGHWAY CORRIDOR: That portion of Utah State Road 17 and one hundred feet (100') on either side of the highway right of way that travels through Toquerville City.
SETBACK, YARD: The minimum allowable horizontal distance from a given point or line of reference, such as a lot line to the nearest vertical wall or other element of a "building" or "structure", as defined herein. A yard may be considered as meeting the setback requirement without the requirement of additional open space. A yard is a space on a lot or parcel to the front, rear or side of a building or structure, unoccupied and unobstructed by any building or structure or parking area from the finished grade upwards, except as otherwise provided in this title.
SHOPPING MALL: A large building or complex of buildings containing various shops, businesses and/or restaurants usually accessible by common passageways. The term "shopping mall" shall not be construed to include a shady public walk or a street lined with shops which may or may not be closed to vehicles.
SITE: A parcel or parcels of land, subdivided or unsubdivided, occupied or to be occupied by a use, structure or building, or purpose directly associated therewith and united by common ownership.
SITE PLAN: A plan, prepared to scale, showing accurately and with complete dimensioning, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel or parcels of land as required by this title.
SLOPE: A vertical rise in feet measured over a horizontal distance, expressed as a percentage, measured generally at right angles to contour lines.
STAFF OR CITY STAFF: May include any one or combination of the following: the planning and zoning administrator, the city clerk, deputy city clerk, city manager, public works/utility director/superintendent, building inspector, city engineer, city attorney, city recorder and city treasurer.
STORY: That portion of a building included between the surface of any floor and the surface next above it, or, if there be no floor above it, then the space between such floor and the ceiling above it.
STORY, HALF: A partial story under a gable, shed, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four feet (4') above the floor of such story.
STORY, MEZZANINE: A story which covers one-third (1/3) or less of the area of the story directly underneath it. For the purposes of this title, a mezzanine shall be deemed a full story.
STREET, PRIVATE: A thoroughfare within a subdivision which has been reserved by dedication unto the subdivider or lot owners to be used as private access to serve the lots platted within the subdivision and complying with the adopted design standards of Toquerville City and maintained by the landowners within the subdivision by assessments authorized by recorded covenant.
STREET, PUBLIC: A public thoroughfare or public right of way not less than thirty five feet (35') in width which has been dedicated or deeded to the public for public use and accepted by proper public authority, according to law. This definition includes the terms "highways", "avenues", "boulevards", "parkways" and "roads".
STREET, PUBLICLY APPROVED: A street in a subdivision where a dedication is technically not complete, but approval by the city has been given to the recording of the subdivision plat. This is the case in a subdivision in which improvements are not completed but in which a developer has posted a bond to ensure the completion of street improvements.
STRUCTURAL ALTERATION: Any change in, addition or alteration to a structure or building involving structural members, such as walls, columns, beams or girders, floor or ceiling joists, foundations, piles, retaining walls or similar components.
STRUCTURE: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
STRUCTURE, SUBGRADE: Any structure which:
A. Is located primarily below natural grade;
B. Does not extend more than two and one-half feet (21/2') at any point above natural grade;
C. Is completely covered with a minimum of six inches (6") of soil capable of supporting vegetation on its horizontal surface where required by the landscaping provisions of the respective zone in which it is located; and
D. Is decoratively finished on any vertical surface not completely covered with soil.
TEMPORARY: Lasting, used or enjoyed for a limited time.
TENT: A portable shelter for one or more individuals, consisting of synthetic fabrics or natural skins attached to any type of framework, including tent trailers (a.k.a. “pop-ups”). No more than ten percent (10%) of the total sites in an RV Resort may be tent sites.
TENT SITE: An area within an RV Resort that may be rented to place one tent on an improved, but not paved/concrete, tent pad. The site must also provide one automobile parking space within the site that is paved or concrete. Tent sites shall be a minimum of one thousand (1,000) square feet.
TIME PERIOD UNIT: An annually recurring part or parts of a calendar year specified in the condominium declaration or other document as a period for which a physical unit is separately owned. Separate ownership is represented as shares in a corporation, a partnership interest or any other individually owned transferable property right or interest.
TIME PERIOD UNIT PROJECT: A real estate project devoted in whole or in part to a "time period unit", as defined in this section.
TRANSIENT: Passing through from one place to another, transitory.
TRANSIENT LODGING FACILITY: Any establishment that receives payment in any form of exchange for the use of any dwelling for thirty (30) days or less, including any hotel, motel, a dwelling permitted and being used for nightly rental, hostel or the like.
TRAVEL TRAILER: A vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use which is mounted on or drawn by another vehicle.
USE: The purpose for which a premises or building therein is designed, arranged or intended, or for which it is or may be occupied or maintained.
UTILITIES: Services including, but not limited to, cable television, electric power, effluent storage, effluent disposal, gas, security systems, sewer collection, sewer treatment and telephone services provided by public, private or government organizations.
VETERINARY HOSPITAL OR ANIMAL HOSPITAL: An establishment for the care and treatment of animals, including household pets and livestock. All facilities shall be within a completely enclosed building, except for exercising runs and the parking of automobiles.
VISIBILITY TRIANGLE: A triangular shaped portion of land established at a street intersection or driveway in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection or driveway.
VISUAL SIGNIFICANCE: A structure or site location which may appear obtrusive and highly visible from a variety of locations throughout Toquerville City.
WHOLESALE: The sale of goods, wares, merchandise or services for the purpose of resale and not to consumers or users thereof.
YARD, FRONT: A yard extending across the full width of a lot or parcel, having at no point a depth of less than the minimum required horizontal distance between the front lot line, or its tangent, and the closest permissible location of a vertical wall of a building or structure. Said distance shall be measured by a line at right angles to the front lot line or its tangent.
YARD, REAR: A yard extending across the full width of a lot or parcel, having at no point a depth of less than the minimum required horizontal distance between the rear lot line, or its tangent, and the closest permissible location of a vertical wall of a building or structure. Said distance shall be measured by a line at right angles to the rear lot line or its tangent.
YARD/SETBACK: A yard is a space on a lot or parcel to the front, rear or side of a building or structure, unoccupied and unobstructed by any building or structure or parking area from the finished grade upward, except as otherwise provided in this title. A yard may be considered as meeting the setback requirement without the requirement of additional open space. A setback is defined as the minimum allowable horizontal distance from a given point or line of reference such as a lot line to the nearest vertical wall or other element of a "building" or "structure", as defined herein.
YARD, SIDE: A yard between a building or structure and the side lot line extending from the required front yard to the required rear yard; the width of which side yard shall be measured horizontally from, and at right angles to, the nearest point on the side lot line toward the closest permissible location of a vertical wall of a building or structure.
ZONE: See definition of district or zone.
ZONING ADMINISTRATOR: The employee of the City authorized to administrate and oversee all aspects of new development within the City including compliance with all zoning and land use regulations set forth in this Title. (Ord. 2012.04, 1-18-2012; amd. 2014 Code; Ord. 2017.01, 1-12-2017; Ord. 2017.03, 5-11-2017; Ord. 2018.06, 10-11-2018; Ord. 2018.08, 12-13-2018; Ord. 2019.03, 5-9-2019; Ord. 2022.03, 4-11-2022; Ord. 2022.05, 5-18-2022; Ord. 2023.06, 6-12-2023; Ord. 2023.12, 5-17-2023)