The following words and phrases used in this title shall have the following meanings, unless a different meaning clearly appears from the context:
ADJACENT LANDOWNERS: Any property owner of record, according to the records of the county recorder, whose property adjoins or abuts property proposed for subdivision, or any portion thereof.
ALLEY: A public or private right of way which is less than twenty feet (20') wide, primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street. Alleys may be required in the rear of business lots, but will not be accepted in residential blocks, except under unusual conditions where such alleys are considered necessary to the planning commission.
APPEAL AUTHORITY: A body appointed by the Uintah City council for the purpose of hearing appeals.
APPLICANT: The owner of land proposed to be laid out and platted, or his agent. An agent shall be required to provide legal documentation to prove he has consent from the legal owner of the property.
BLOCK: A tract of land bound by streets, or by a combination of streets and public parks, cemeteries or boundary lines of municipalities.
BOND: A form of security, including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the city attorney and city council. All bonds shall be approved by the city council wherever a bond is required by these regulations.
BUILDABLE AREA/BUILDING AREA: A portion of a lot, parcel or tract of land which is to be utilized as the building site, having an average slope of less than twenty percent (20%), such building area to be designated as the only area in which any building may take place and is to be outlined on the subdivision plat in which the lot is located.
BUILDING: Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and includes any structure.
CAPITAL IMPROVEMENTS PROGRAM: A proposed schedule of all future city projects listed in order of construction priority, together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual city's operating expenses, for the purchase, construction or replacement of the physical assets for the community are included.
CITY: Uintah City, Weber County, state of Utah, formerly known as the town of Uintah.
CITY ATTORNEY: Professional attorney retained by Uintah City.
CITY COUNCIL: The city council of Uintah City, Utah.
CITY ENGINEER: A professional engineer, registered with the state of Utah, retained by Uintah City.
COUNTY: Weber County, state of Utah.
COUNTY HEALTH OFFICER: The administrative and executive officer of the Weber-Morgan health department and local registrar of vital statistics, or his duly authorized representatives.
DEDICATION: Land set aside by an owner for any general and public uses, reserving for himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat showing the dedication thereof.
DEVELOPER: The owners, or their agents, of land proposed to be laid out and platted in accordance with this subdivision title. An agent of the owner shall be required to provide legal documentation, to be approved by the city attorney, which establishes his authority to act as agent for the owner.
DEVELOPMENT: The improvement of any tract, lot or parcel of land by construction thereon.
EASEMENT: That portion of a lot or lots reserved for present or future use by a person or agency other than the legal owner or owners of said property or properties. The easement may be for use under, on or above said lot or lots.
FLAG LOT: A flag or L-shaped lot comprised of a staff having a minimum width of twenty feet (20') and a flag portion consisting of the minimum dimensions required for a regular lot in the applicable zone. The square footage of the staff shall not be considered in determining whether the lot size (flag portion) requirements are met, nor for any other conditions of the zoning title. Uintah City does not allow the use of flag lots in subdivisions greater than three (3) lots.
FRONTAGE: All the property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right of way, waterway, end of dead end street or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage of the side of the street which it intercepts.
GENERAL PLAN: A comprehensive plan for development of Uintah City, prepared and recommended for adoption by the planning commission, pursuant to state law, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof.
GRADE: The slope of a road, street or other public way, specified in percentage terms.
HALF STREET: That portion of a street within a subdivision comprising one-half (1/2) the required right of way width upon which improvements in accordance with one-half (1/2) of an approved typical street cross section are constructed.
IMPROVEMENT PLAN: The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the city council as a condition of the approval of the plat.
JOINT OWNERSHIP: Shall be treated as a single owner for the purpose of imposing subdivision regulations.
LOT: A parcel of land occupied or capable of being occupied by a permitted or conditional use, building or group of buildings (main or accessory), together with such yards, open spaces, parking spaces and other areas required by this title and the uniform zoning title of Uintah City, having frontage upon a street or upon a right of way approved by the appeal authority. Not more than one dwelling structure shall occupy any one lot.
LOT, BUILDING: A parcel of land which is of such dimensions as to comply with the minimum requirements of the Uintah zoning title for area, width and depth, where applicable in the zone in which it is located, and having frontage on a public street.
LOT, CENTERLINE FOR CORNER: An imaginary straight line lying midway between and in the mean direction of the longest interior lot line and the boundary line lying opposite thereto. When it is apparent that such centerline would intersect two (2) front lot lines, all interior boundary lines shall be deemed to be side lot lines and the lot shall also be classified as a multifrontage lot.
LOT, CENTERLINE FOR INSIDE: An imaginary straight line lying midway between and in the mean direction of the side lot lines.
LOT, CORNER: A building lot situated within a corner created by the intersecting lines of a street or streets.
LOT DEPTH FOR INSIDE LOTS: The mean horizontal distance between the front lot line and the rear lot line.
LOT DEPTH FOR MULTIFRONTAGE AND CORNER LOTS: The horizontal distance between opposite boundaries of the lot measured along the centerline thereof.
LOT, GORE SHAPED INSIDE (A Lot With More Than 4 Sides): Any inside lot, other than a multifrontage lot, the interior lines of which converge toward the rear thereof. For the purpose of locating a dwelling thereon, an owner of a corner lot may have the option of classifying such lot as a gore shaped inside lot, in which case, the interior lines of the same shall be designated as side lot lines and the rear lot line shall be determined the same as required for any inside lot.
LOT, INSIDE: Any building lot, other than a corner lot. Any building lot situated at the intersection of two (2) street lines where a corner is not clearly distinguishable, the street being constructed on a long radius curve, shall be classified as an inside lot.
LOT IMPROVEMENT: Any building, structure, place, work of art, or other object, or improvement of the land on which it is located. Certain lot improvements shall be properly bonded or escrowed as provided in these regulations.
LOT LINE, FRONT: Any street right of way of record or established by use, which forms one or more boundaries of a lot.
LOT, RESTRICTED (R LOT): A lot which contains or is susceptible to special events or conditions, including, but not limited to, flooding, wetlands, improper drainage, steep slopes, rock formations, adverse earth formations or topography, fault lines, water table, or any other adverse condition which would warrant special identification or notice. Such lots shall be subject to regulated conditions as specified by the city engineer. All R lots shall be clearly identified on the recorded plat/mylar.
LOT RIGHT OF WAY: A strip of land of not less than twenty feet (20') wide, connecting a lot to a street for use as private access to that lot, and recorded as part of the same.
MASTER STREET PLAN: A plan labeled transportation element of the general plan.
OFF SITE FACILITIES: Improvements not on individual lots, but generally within the boundaries of the subdivision which they serve. Certain off site facilities shall be properly bonded or escrowed as provided in these regulations.
OWNER: Any person, group of persons, firm or firms, corporation or corporations, condominium projects or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be laid out and platted under these regulations.
PARCEL OF LAND: Contiguous quantity of land in possession of, or owned by, or recorded as the property of, the same claimant person. Land in one ownership, but physically divided by a public highway, road or street, is not considered contiguous under this definition, and may therefore be used as two (2) or more individual parcels of land.
PLANNING COMMISSION: The planning commission of Uintah City.
PLAT: A map, plan or depiction of a subdivision showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions and dedications.
PLAT, FINAL: A proposed subdivision drawn accurately to scale and which has all measurements, data, certificates and dedications thereon, which are required for approval and acceptance by the proper agencies and for recording in the office of the county recorder. This must be done by a certified engineer.
POST OFFICE: United States postal service.
PROPERTY, INTERVENING: Property located between the existing utilities and public service facilities, and the property under development.
PROTECTION STRIP: A strip of land bordering both the boundary of a subdivision and a street within the subdivision for the purpose of controlling access to the street from property abutting the subdivision.
PUBLIC IMPROVEMENT: Any water system, irrigation ditch, subsurface drainage system, storm drainage system, sewer system, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off street parking area, lot improvement, or other facility for which the city may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which the city responsibility is established. All such improvements shall be properly bonded or escrowed.
RESUBDIVISION: A change in the map of an approved or recorded subdivision plat if such change affects any street layout on or area reserved thereon for public use, any lot line, or any map or plat legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT OF WAY: A strip of land occupied or intended to be occupied by a street, crosswalk, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use.
SCREENING: Either:
A. A strip at least five feet (5') wide, densely planted (or having equivalent natural growth) with shrubs or trees at least four feet (4') high at the time of planting, of a type that will form a year round dense screen at least six feet (6') in height; or
B. An opaque wall or barrier or uniformly painted fence at least six feet (6') high.
SECURITY: A bond, escrow or irrevocable letter of credit given by the developer to ensure the proper installation of public improvements.
STREET, COLLECTOR: A primary street designed to collect traffic from neighborhoods and transport the traffic to arteries. Design standards for collector streets shall conform to current adopted city regulations.
STREET, CUL-DE-SAC:
A minor terminal street provided with a turnaround with a one hundred foot (100') minimum diameter. Cul-de-sac streets cannot provide frontage for more than nine (9) dwelling units.
STREET, MAJOR ARTERIAL: A street, existing or proposed, which serves or is intended to serve as a major trafficway, and is designated on the transportation element of the general plan as a controlled access highway, major street parkway or other equivalent term to identify those streets comprising the basic structure of the street plan. Right of way widths are to be lot line to lot line, not being less than one hundred feet (100') wide.
STREET, MINOR RESIDENTIAL: A street, existing or proposed, which is supplementary to a collector street and of limited continuity, which serves or is intended to serve the local needs of a neighborhood. Minor streets shall have a minimum right of way width of sixty feet (60'), lot line to lot line. If serving less than ten (10) lots (no future development possible) it may have a minimum right of way width of not less than fifty feet (50').
STREET, PRIVATE: A thoroughfare held in private ownership and controlled, serviced and maintained by one or more private persons, firms or corporations and used or held for use primarily as a means of access to adjoining property.
STREET, PUBLIC: A. An open way, space and/or thoroughfare, fifty feet (50') or more in width, provided or dedicated and/or accepted by Uintah City or the state of Utah, for public use.
B. Any street which has been dedicated as a part of the filing of a subdivision plat or as otherwise provided by law, and the required improvements of which have been assured as required.
C. Any way open to the public which has all of the following characteristics:
1. A thoroughfare for public use, designated primarily for vehicular traffic;
2. The principal means of access to abutting properties;
3. For the installation of public utilities, service lines and/or pipes;
4. Drainage facilities and other public works and appurtenances for the convenience and welfare of the public generally; and
5. The roadway of which has been stabilized and maintained by a proper public authority or has been otherwise improved according to the accepted street construction standards of the city.
D. Where a public thoroughfare existed prior to the adoption of this title, which fulfills all of the requirements in subsection C of this definition, except for the required width, said thoroughfare may be classified as a public street for the purposes of establishing building lots fronting thereon; provided, that the depth of that portion of each intended building lot needed to complete the required width for a public street, as determined by the zoning administrator and the city engineer, is dedicated to public use.
E. Any street or highway which is owned by Uintah City, the state of Utah or another public authority, but which is not open to the public, shall not be construed to be a public street.
SUBDIVIDER: Any person who undertaken to create a subdivision.
SUBDIVISION: A. Any land that is divided, resubdivided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots or other division of land for the purpose, whether immediate or future, for offer, sale, lease or development, either on the installment plan or upon any and all other plans, terms and conditions.
B. "Subdivision" includes:
1. The division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat or other recorded instrument; and
2. Except as provided in subsection C of this definition, divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural and industrial purposes.
C. "Subdivision" does not include:
1. A bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable land use ordinance;
2. A recorded agreement between owners of adjoining unsubdivided properties adjusting their mutual boundary if:
a. No new lot is created; and
b. The adjustment does not violate applicable land use ordinances;
c. A recorded document, executed by the owner of record:
(1) Revising the legal description of more than one contiguous unsubdivided parcel of property into one legal description encompassing all such parcels of property; or
(2) Joining a subdivided parcel of property to another parcel of property that has not been subdivided, if the joinder does not violate applicable land use ordinances;
d. A recorded agreement between owners of adjoining subdivided properties adjusting their mutual boundary if:
(1) No new dwelling lot or housing unit will result from the adjustment; and
(2) The adjustment will not violate any applicable land use ordinance; or
e. A bona fide division or partition of land by deed or other instrument where the land use authority expressly approves in writing the division in anticipation of further land use approvals on the parcel or parcels.
D. The joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a subdivision under this definition as to the unsubdivided parcel of property or subject the unsubdivided parcel to the city subdivision ordinance.
SUBDIVISION, MAJOR: The above definition of a "subdivision", resulting in four (4) or more lots.
SUBDIVISION, MINOR: The above definition of a "subdivision", resulting in greater than one but not more than three (3) lots.
UINTAH PUBLIC WORKS STANDARDS: Standards governing public and private contractors performing work within the city, as adopted in the Uintah public works standards and technical specifications ordinance.
UTILITIES: Gas lines, culinary water lines, storm drainage systems, irrigation systems, sewer lines, electric power transmission lines, telephone transmission lines and cable television systems, with all poles, wires, pipes, guywires and bracing pertaining thereto.
WETLANDS: Generally 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. When in conflict, federal definitions and standards shall prevail.
ZONING TITLE: The zoning title of Uintah City, as adopted by the city council and as amended from time to time.
(Ord. 154-01, 12-4-2001; amd. 2013 Code; Ord. 262-10, 11-17-2020)