For the purpose of these regulations, certain numbers, abbreviations, terms and words shall be used, interpreted and defined as set forth herein.
Unless the context clearly indicates to the contrary, words used in the present tense include the future tense, and words used in the plural include the singular.
ADEQUATE PUBLIC FACILITIES: Facilities determined to be capable of supporting and servicing the physical area and designated intensity of the proposed subdivision as determined by the city council based upon specific levels of service.
AFFORDABLE HOUSING: Housing that is affordable as defined by the department of housing and urban development and by Utah Code Annotated, and is maintained for occupancy exclusively for qualifying persons for a period of not less than thirty (30) years through the use of a covenant or deed restriction, a development agreement, or by transferring an interest to a state or municipal housing agency or nonprofit housing organization.
AFFORDABLE UNIT: A designated unit of affordable housing which is sold or rented to a household of very low, low, or moderate income.
AGRICULTURAL LANDS, HIGHLY PRODUCTIVE: Those lands identified by the natural resources conservation service official soils report as prime agricultural soils having national or statewide significance.
ALLEY: A public or private right of way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
APPLICANT: The owner of land proposed to be subdivided or its representative who shall have express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the premises.
AREA OF BENEFIT: An area of land which is designated by the city council as receiving benefits from or creating the need for the construction, acquisition or improvement of a public facilities project.
AREA RELATED FACILITY: A capital improvement which is designated in the capital improvements program as serving new development and which is not a site related facility. "Area related facility" may include land dedication or construction of an oversized capital improvement, whether located off site, or within or on the perimeter of the development site.
ASSESSMENT DISTRICT: See definition of Public Facility Service Area.
AVERAGE DENSITY: See definition of Cluster Zoning.
BASE DISTRICT: The base district is a particular zoning "district", as defined in section 10-2-1 of this code, where the lot size allowed is used as the basis to calculate the total lots allowed.
BASE PRICE: Two and one-half (21/2) times the median income for a family of four (4) persons for the city on the date on which a housing unit is sold.
BASE RENT: Thirty percent (30%) of the median income for the city.
BLOCK: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights of way, shorelines of waterways, or boundary lines of municipalities.
BOND: Any form of a surety bond in an amount and form satisfactory to the city council and city attorney. All bonds shall be approved by the city council and city attorney whenever a bond is required by these regulations.
BUFFER: See definition of External Buffer.
BUILDABLE AREA: That portion of the platted lot, exclusive of the required front, rear and side yard setbacks, and all designated sensitive lands.
BUILDING: Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind.
BUILDING INSPECTOR: The person designated by the city to enforce the zoning ordinance 1 . If no city manager is appointed to administer these regulations, the building and zoning inspector shall administer these regulations.
CAPITAL IMPROVEMENT: A public facility with a life expectancy of three (3) or more years, to be owned and operated by or on behalf of the city.
CAPITAL IMPROVEMENTS PROGRAM: A plan setting forth, by category of public facilities, those capital improvements and that portion of their costs which are attributable to serving new development within designated service areas for such public facilities over a period of specified years (10-20). "Capital improvements program" may refer either to the plan for a particular service area or to the aggregation of capital improvements and the associated costs programmed for all service areas for a particular category of public facilities.
CENTRAL SEWER SYSTEM: A private sewer system, including collection and treatment facilities, established by the developer to serve a new subdivision in an outlying area.
CENTRAL WATER SYSTEM: A private water company formed by a developer to serve a new subdivision in an outlying area. It includes water treatment and distribution facilities.
CERTIFY: Whenever these regulations require that an agency or official certify the existence of some fact or circumstance, the city may, by administrative rule, require that such certification be made in any manner, oral or written, which provides reasonable assurance of the accuracy of the certification.
CITY: Wellsville City, Utah.
CITY ATTORNEY: The licensed attorney designated by the city council to furnish legal assistance for the administration of these regulations.
CITY COUNCIL: The body of the city having legislative authority to adopt ordinances.
CITY ENGINEER: A licensed engineer designated by the city council to furnish engineering assistance for the administration of these regulations.
CITY MANAGER: The officer appointed by the city council to administer these regulations and to assist administratively other boards and commissions.
CLUSTER ZONING: A technique which allows lots to be reduced in size and buildings sited closer together, provided the total development density does not exceed that which could be constructed on the site under conventional zoning and the remaining land is utilized for open space or public purposes.
COLLECTOR ROADS: A street intended to move traffic from local streets to secondary arterials. A collector road serves a neighborhood or large subdivision and is designed so that individual residential lots do not have drives or other individual access entering the collector road.
COMMON OWNERSHIP: Ownership by the same person, corporation, firm, entity, partnership or unincorporated association; or ownership by different corporations, firms, partnerships, entities or unincorporated associations, in which a stockbroker, partner or associate, or a member of his family, owns an interest in each corporation, firm, partnership, entity or unincorporated association.
COMMUNITY IMPROVEMENT DISTRICT: See definition of Public Facility Service Area.
COMMUNITY VISUAL AMENITY: Any area with significant visual qualities valued by the community, such as hillsides, masses of vegetation, visual focus areas, termination of roadways, pastoral areas, and as identified in the general plan or other support document of the city, which is mapped or described as a "community visual amenity" within the sensitive lands or potentially sensitive lands overlay.
CONCEPT PLAN: A submission of required information preparatory to the preliminary plat to enable the subdivider to save time and expense in reaching general agreement with the planning commission as to the form of the plat and the objectives of these regulations.
CONCURRENCY: Requirement that development applications demonstrate that adequate public facilities be available at prescribed levels of service concurrent with the impact or occupancy of development units.
CONDOMINIUM: A unit available for sale in fee simple contained in a multi-occupancy project, subject to covenants and restrictions placing control over the common facilities in an elected board.
CONSTRUCTION OF HOUSING BY A SPONSOR: Construction of housing units by an entity which includes the sponsor as a partner or joint venture; provided, that the sponsor has general liability for the obligations of such entity. Construction of housing shall include rehabilitation of substandard, deteriorated units which:
A. Are unsafe, unsanitary or a danger to the health, safety or welfare of an occupant;
B. Have a rehabilitation cost in excess of twenty thousand dollars ($20,000.00) per unit; and
C. Have been occupied continuously for three (3) years prior to commencement of construction to rehabilitate the units, except for those units owned and operated by a government agency or a nonprofit organization.
CONSTRUCTION PLAN: The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision or adjacent to the subdivision in accordance with the requirements, conditions and specifications of the city council.
CONTIGUOUS: Lots are contiguous when at least one boundary line of one lot touches a boundary line or lines of another lot.
COOPERATIVE: An entire project which is under the common ownership of a board of directors with units leased and stock sold to individual cooperators.
CREDIT: The amount of the reduction of an impact fee or fees, payments or charges for the same type of capital improvement for which the fee has been charged.
CUL-DE-SAC: A local street with only one outlet that terminates in a vehicular turnaround and having an appropriate terminal for the safe and convenient reversal of traffic movement.
DENSITY: Number of dwelling units allowed per acre of land, excluding the sensitive lands.
DENSITY, HIGH: Those residential zoning districts in which the density is greater than 4.23 dwelling units per acre.
DENSITY, LOW: Those residential zoning districts in which the density is equal to or less than one dwelling unit per acre.
DENSITY, MEDIUM: Those residential zoning districts in which the density is greater than 1.0 dwelling unit per acre and less than 4.23 dwelling units per acre.
DESIGN CRITERIA: Design standards and specifications that set forth specific improvement requirements.
DESIGNATED UNIT: A housing unit identified and reported to the city manager by the sponsor of an office development project subject to chapter 5 of this title as a unit that shall be affordable to households of low or moderate income for twenty (20) years.
DESIGNATED WETLAND: Any area identified in the general plan or other support document of the city which has been officially designated as wetland by the U.S. army corps of engineers, or the USDA natural resources conservation service.
DEVELOPER: The owner of land proposed to be subdivided, or its representative who is responsible for any undertaking that requires review and/or approval under these regulations. See definition of Subdivider.
EASEMENT: Authorization by a property owner for another to use the owner's property for a specified purpose.
EQUIVALENT DWELLING UNITS: See definition of Service Unit.
ESCROW: A deposit of cash with the city or escrow agent to secure the promise to perform some act.
EXACTIONS: Requirement of development to dedicate or pay for all or a portion of land or costs of public facilities as a condition of development approval.
EXPENDITURE: A sum of money paid out in return for some benefit or to fulfill some obligation. The term includes binding contractual commitments, whether by development agreement or otherwise, to make future expenditures as well as any other substantial change in position.
EXTERNAL BUFFER: A naturally vegetated area or vegetated area along the exterior boundaries of an entire development processed in accordance with a multiphase or phased subdivision application, which is landscaped and maintained as open space in order to eliminate or minimize conflicts between such development and adjacent land uses.
FAIR SHARE: A properly balanced and well ordered plan to meet the housing needs of the community and the region.
FINAL SUBDIVISION PLAT: The map of a subdivision to be recorded after approval by the planning commission and the city council, and any accompanying material as described in these regulations.
FLEXIBLE ZONING: Zoning which permits uses of land and density of buildings and structures different from those which are allowed as of right within the zoning district in which the land is situated. "Flexible zoning" applications shall include, but not be limited to, all special permits and special uses, planned subdivisions, open space subdivisions, planned developments, group housing projects, and average density or density zoning projects.
FLOOD HAZARD: Any area identified in the general plan or other support document of the city which has been officially designated as a floodplain. The guiding document for determination of flood hazards shall be the flood insurance flood hazard mapping prepared by federal agencies.
FRONTAGE: That front of a lot abutting on a street or right of way and ordinarily regarded as the front of the lot; but it shall not be considered as the ordinary side of a corner lot.
FRONTAGE STREET: Any street to be constructed by the developer, or any existing street where development shall take place on both sides.
GENERAL PLAN: A comprehensive plan for development of the city prepared by the planning commission and adopted by the city council, 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.
HEALTH DEPARTMENT AND HEALTH OFFICER: The agency and person designated by the city council to administer the health regulations of the city.
HEALTH, SAFETY OR GENERAL WELFARE: The purpose for which municipalities may adopt and enforce land use regulations for the prevention of harm or promotion of public benefit to the community; commonly referred to as police power.
HIGHWAY, LIMITED ACCESS: A highway providing a trafficway for through traffic, where owners or occupants of abutting property and other persons have no legal right of access to or from the same, except at such points and in such manner as may be determined jointly by the Utah department of transportation and Wellsville City having jurisdiction over the highway.
HOMEOWNERS' ASSOCIATION: An association or organization, whether or not incorporated, which operates for the benefit of individual property owners for the purpose of property management and maintenance and is guided by recorded covenants, conditions and restrictions.
HOUSEHOLD: Any person or persons who reside or intend to reside legally in the same housing unit.
HOUSEHOLD OF LOW INCOME: A household composed of one or more persons with a combined annual net income for all adult members which does not exceed the qualifying limit for a lower income family of a size equivalent to the number of persons residing in such household, as set forth in Utah Code Annotated.
HOUSEHOLD OF MODERATE INCOME: A household composed of one or more persons with a combined annual net income for all adult members which does not exceed the qualifying limit for a median income family of a size equivalent to the number of persons residing in such household, as set forth in Utah Code Annotated.
HOUSING UNIT OR UNIT: A "dwelling unit", as defined in section 10-2-1 of this code.
IMPACT FEE 2 : A fee imposed on new development by the city pursuant to this title in order to mitigate the impacts on community facilities and services created by new development. Impact fees do not include the dedication of rights of way or easements for such facilities, or the construction of such improvements.
IMPROVEMENTS: See definition of Lot Improvement or Public Improvement.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM: A septic tank, or any other approved sewage treatment device approved by the health department.
INFILL DEVELOPMENT: Development designed to occupy scattered or vacant parcels of land which remain after the majority of development has occurred in an area.
LANDSCAPING: Acting with the purpose of meeting specific criteria regarding uses of outside space, including ground cover, buffers and shade trees.
LINKAGE: A program that requires developers constructing nonresidential structures to either construct affordable housing units or pay money in lieu of construction into a designated fund to provide housing for the future employees of the site.
LOCAL ROAD: A road whose sole function is to provide access to abutting properties and to other streets from individual properties and to provide right of way for underground public and private infrastructure.
LOT: A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership, or possession, or for building development.
LOT AREA, RESIDUAL: The area difference between the lot size requirement in the base zone and the minimum lot size as required in the zoning ordinance.
LOT, BUILDABLE: A parcel of land that has met all requirements of Title 11 Subdivisions. The buildable lot shall have been approved and recorded as a final plat and shall have fulfilled all requirements for improvements.
LOT, CORNER: A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty five degrees (135o).
LOT IMPROVEMENT: Any building, structure, place, work of art or other object situated on a lot.
LOT, UNBUILDABLE: A parcel of land that has not been approved and recorded as a final plat by the City of Wellsville. A lot can also be unbuildable even if recorded as a final plat, but has no adequate buildable area within the lot because of sensitive lands as defined in the Title 10 and Title 11 or if the lot is not serviceable by required municipal services. An existing lot shall not be buildable simply because it was approved and recorded. All lots shall conform to the full measure of the City Code even though recorded correctly or incorrectly.
MARKET VALUE: The fair market value of a designated unit at the time such value is determined by the city manager.
MASTER PRELIMINARY PLAT: That portion of a preliminary plat submitted in connection with a multiphase or phased subdivision application which provides the information and graphics meeting the requirements of this title for the purpose of implementing an integrated development scheme for all phases of the proposed subdivision.
MODEL HOME: A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision and which will not be permanently occupied during its use as a model.
MONEY IN LIEU: Payment of money into a municipally earmarked fund to provide for the future acquisition of land or construction of facilities off site in place of dedicating land or providing such facility on site.
NATURAL DRAINAGEWAYS: Linear topographic depressions which show evidence of channeling natural runoff from storms and snowmelt as identified in the general plan or other support document of the city which has been officially designated as a natural drainageway within the sensitive lands or potentially sensitive lands overlay.
NATURAL RESOURCE AMENITIES: Area considered to a valuable natural resource, such as waterways, water bodies, vegetation, wildlife habitat, topographic or geologic features, or any combination as identified in the general plan or other support document of the city, which has been officially designated a natural resource amenity within the sensitive lands or potentially sensitive lands overlay.
NEIGHBORHOOD PARK AND RECREATION IMPROVEMENT FUND: A special fund established by the city council to retain monies contributed by developers in accordance with the "money in lieu" provisions of these regulations.
NEW DEVELOPMENT: A project involving: 1) the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure; or 2) any use or extension of land, any of which has the effect of increasing the requirements for capital improvements, measured by number of service units to be generated by such activity, and which requires either the approval of a plat pursuant to the city subdivision regulations, the issuance of a building permit, or connection to the city water or sanitary sewer system.
NONRESIDENTIAL SUBDIVISION: A subdivision whose intended use is other than residential, such as commercial or industrial.
NOTICE OF NONCOMPLIANCE: A notice issued by the city manager informing a property owner or other affected party that a specific requirement of the city code has not been met. The notice of noncompliance may be recorded on affected property with the county recorder.
NOTICE TO PROCEED: A notice issued by the city manager informing the developer of a subdivision that the concept plan is in compliance with these regulations and that the applicant may proceed to apply for preliminary plat approval.
OFF SITE: Any premises not located within the area of the property to be subdivided, whether or not in the common ownership of the applicant for subdivision approval.
OFFICE DEVELOPMENT PROJECT: Any new construction, addition, extension, conversion or enlargement, or combination thereof, of an existing structure which includes any gross square feet of office space.
OFFICE USE: Space within a structure, or portion thereof, intended or primarily suitable for occupancy by persons or entities which perform, provide for their own benefit, or provide to others at that location, services, including, but not limited to, the following: professional, banking, insurance, management, consulting, technical, sales and design; or the office functions of manufacturing and warehousing businesses, but excluding retail uses; repair; any business characterized by the physical transfer of tangible goods to customers on the premises; wholesale shipping, receiving and storage; and design showcases or any other space intended and primarily suitable for display of goods. This definition shall include all uses encompassed within the meaning of this code.
OFFICIAL MAP: The map established by the city council pursuant to law, showing the streets, highways, parks, drainage systems and setback lines laid out, adopted and established by law, and any amendments or additions adopted by the city council resulting from the approval of subdivision plats by the city council, and the subsequent filing of approved plats.
OFFSET: The amount of the reduction of an impact fee designed to fairly reflect the value of area related facilities or other oversized facilities, pursuant to rules herein established, or administrative guidelines provided by a developer pursuant to the city subdivision or zoning regulations or requirements.
OPEN SPACE: Any private or public land that is determined to be sensitive lands consistent with these requirements or other lands preserved by the developer for common use by a homeowners' association, or by the public. Open space may also be held by a conservation organization for the purpose of land conservation. Open space shall not contain any land included in the minimum lot area requirements.
ORDINANCE: Any legislative action, however denominated, of a city which has the force of law, including any amendment or repeal of any ordinance.
OWNED UNIT: A designated unit which is a condominium, stock cooperative or community apartment.
OWNER: The record owners, including 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 recognized by the Cache County recorder with a designated and individual tax identification number.
PARCEL SIZE, GROSS: The total area of a proposed subdivision and shall be determined from existing recorded legal descriptions or from a licensed surveyor's plat. It shall include all land within the parcel, including sensitive lands, open space, utility easements, etc., and road rights of way, easements and lotted areas.
PERFORMANCE CRITERIA: Regulation of development based on open space ratio, impervious surface ratio, density and floor area ratio.
PERIMETER STREET: Any existing street to which the parcel of land to be subdivided abuts on only one side.
PERSON: Any individual or group of individuals, or any corporation, general or limited partnership, joint venture, unincorporated association, or governmental or quasi-governmental entity.
PHASED SUBDIVISION APPLICATION: An application for subdivision approval submitted pursuant to a master preliminary plat, or at the option of the subdivider, pursuant to a specific plan in which the applicant proposes to immediately subdivide the property but will develop in one or more individual phases over a period of time. A "phased subdivision application" may include an application for approval of, or conversion to, horizontal or vertical condominiums, nonresidential development projects, planned developments, mixed use projects and residential developments.
PLANNED DEVELOPMENT (PD): A development meeting the requirements for a planned development which is designed on a tract of land with individual ownership of dwelling units planned and developed as an integral unit and consisting of common area or open space maintained by a homeowners' association.
PLANNING COMMISSION 3 : The city planning commission established in accordance with Utah Code Annotated.
POLICE POWER: Inherent, delegated or authorized legislative power for purposes of regulation to secure health, safety and general welfare.
PRELIMINARY PLAT: The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the planning commission and city council for approval.
PRIMARY ARTERIAL: A road intended to move through traffic to and from major attractors such as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas, and similar traffic generators within the governmental unit; and/or as a route for traffic between communities or large areas and/or which carries high volumes of traffic.
PUBLIC FACILITIES PROJECT: Any and all public improvements, the need for which is directly or indirectly generated by development, including, but not limited to, the following:
A. Water mains, pipes, conduits, tunnels, hydrants, pressure stations, reservoirs, pressure reducing stations, and other necessary works and appliances for providing water service.
B. Lines, conduits and other necessary works and appliances for providing electric power service.
C. Mains, pipes and other necessary works and appliances for providing gas service.
D. Poles, posts, wires, pipes, conduits, lamps and other necessary works and appliances for lighting purposes.
E. Sidewalks, crosswalks, steps, safety zones, platforms, seats, statuary, fountains, culverts, bridges, curbs, gutters, tunnels, subways or viaducts, parks and parkways, recreation areas, including all structures, buildings and other facilities necessary to make parks and parkways and recreation areas useful for the purposes for which intended.
F. Sanitary sewers or instrumentalities of sanitation, together with the necessary outlets, pumping stations, cesspools, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, tunnels, channels or other appurtenances.
G. Drains, tunnels, sewers, conduits, culverts and channels for drainage purposes; with necessary outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, channels, and appurtenances.
H. Pipes, hydrants and appliances for fire protection.
I. Retaining walls, embankments, buildings and any other structures or facilities necessary or suitable in connection with any of the work mentioned in this definition.
J. Compaction of land, change of grade or contours, construction of caissons, retaining walls, drains and other structures suitable for the purpose of stabilizing land.
K. Works, systems or facilities for the transportation of people, including rolling stock and other equipment appurtenant thereto.
L. All other work auxiliary to that described in subsection K of this definition, which may be required to carry out that work, including terminals and intermediate stations, structures, platforms or other facilities which may be necessary for the loading of people into and unloading of people from such transportation facilities.
M. The grading or regrading, the graveling or regraveling, and the paving or repaving of streets.
N. Acquisition, construction, improvement and equipping of temporary and permanent school buildings.
O. Acquisition, construction, improvement and equipping of fire stations.
P. Acquisition, construction, improvement and equipping of police stations.
Q. Acquisition, construction and installation of traffic signs, signals, lights and lighting.
R. Public works maintenance facilities.
S. All other work auxiliary to any of the above which may be required to carry out that work, including, but not limited to, the maintenance of public facilities projects and administrative, engineering, architectural and legal work performed in connection with establishing, implementing and monitoring public facilities projects.
T. Acquisition of any and all property, easements and rights of way which may be required to carry out the purposes of the project.
PUBLIC FACILITY: Any city service or utility for which impact fees are charged. "Public facility" excludes those improvements that are site or project related facilities.
PUBLIC FACILITY IMPACT FEE: An impact fee to be imposed and collected by the city for services or utilities currently required by new development.
PUBLIC FACILITY IMPROVEMENTS PROGRAM: The adopted plan, as may be amended from time to time, which identifies the public facilities and their costs for each public facility benefit area or subarea, and which serves new development for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of public facilities fees pursuant to this title.
PUBLIC FACILITY SERVICE AREA: The service area for those services and utilities for which impact fees are charged.
PUBLIC HEARING: An adjudicatory proceeding held by the planning commission and/or city council, preceded by published notice and actual notice to certain persons, and at which certain persons, including the applicant, may call witnesses and introduce evidence for the purpose of demonstrating that plat approval should or should not be granted. Witnesses shall be sworn and subject to cross examination. The rules of civil procedure binding on the courts shall not, however, bind the planning commission or the city council.
PUBLIC IMPROVEMENT: Any drainage ditch, 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 effect an improvement for which city responsibility is established.
PUBLIC MEETING: A meeting of the planning commission, or city council, preceded by notice, open to the public and at which the public may, at the discretion of the body holding the public meeting, be heard.
RECOUPMENT: The imposition of an impact fee to reimburse the city for capital improvements previously oversized to serve new development.
REGISTERED ENGINEER: An engineer properly licensed and registered in the state of Utah.
REGISTERED LAND SURVEYOR: A land surveyor properly licensed and registered in the state of Utah.
RENTAL UNIT: A designated unit which is not a condominium, stock cooperative or community apartment.
RESUBDIVISION: Any change in a map of an approved or recorded subdivision plat that affects any street layout on the map or area reserved thereon for public use, or any lot line, or that affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RETAIL USE: Space within any structure, or portion thereof, intended or primarily suitable for occupancy by persons or entities which supply commodities to customers on the premises, including, but not limited to, stores, shops, restaurants, bars, eating and drinking businesses, and the uses defined in title 10 of this code, and also including all space accessory to such retail use.
RIGHT OF WAY: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for any other special use. The usage of the term "right of way" for land platting purposes shall mean that every right of way hereafter established and shown on a final plat is 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.
ROAD CLASSIFICATION: For the purpose of providing for the development of the streets, highways, roads and rights of way in the governmental unit, and for their future improvement, reconstruction, realignment and necessary widening, including provision for curbs and sidewalks, each existing street, highway, road and right of way, and those located on approved and filed plats, have been designated on the official map of the city and classified therein. The classification of each street, highway, road and right of way is based upon its location in the respective zoning districts of the city and its present and estimated future traffic volume and its relative importance and function as specified in the general plan of the city. The required improvements shall be measured as set forth for each street classification on the official map.
ROAD, DEAD END: A road, or a portion of a road, with only one vehicular traffic outlet.
ROAD RIGHT OF WAY WIDTH: The distance between property lines measured at right angles to the centerline of the street.
SALE OR LEASE: Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or other transfer of an interest in a subdivision, or part thereof, whether by metes and bounds or lot and block description.
SCREENING: Either:
A. A strip at least ten feet (10') wide of densely planted (or having equivalent natural growth) 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') high; or
B. An opaque wall or barrier or uniformly painted fence at least six feet (6') high.
SECONDARY ARTERIAL: A road intended to collect and distribute traffic in a manner similar to primary arterials, except that these roads service minor traffic generating areas such as community commercial areas, primary and secondary educational facilities, hospitals, major recreational areas, churches and offices, and are designed to carry traffic from collector streets to the system of primary arterials.
SECURITY: The letter of credit or cash escrow or other form of security as approved by the city attorney which is provided by the applicant to secure its promises in the subdivision improvement agreement.
SEISMIC HAZARDS: Any areas where geologic conditions would pose a threat to persons or property if developed and as further identified in the general plan or other support document of the city which has been officially designated as a seismic hazard within the sensitive lands or potentially sensitive lands overlay.
SERVICE AREA: The area for a particular category of public facilities within the jurisdiction of the city and within which impact fees or other fees are charged for capital improvements will be collected for new development occurring within such area and within which fees so collected will be expended for those types of improvements for that category of public facility identified in the public facility improvements program. Service areas may be subdivided into subareas for purposes of assuring that impact fees collected and expended therein reasonably benefit new development within such areas.
SERVICE UNIT: Any service or utility, which is the standardized measure of consumption, use or generation attributable to a new unit of development for that category of public facility and which is set forth in the impact fee schedules.
SETBACK: The distance between a building and the nearest property line, the distance of which is set forth in the zoning ordinance.
SHADE TREE: A tree in a public place, street, special easement or right of way adjoining a street as provided in these regulations.
SITE RELATED FACILITY: An improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of services or utilities for which impact fees are not charged by the city to serve the new development, and which is not included in the capital improvements program and for which the developer or property owner is solely responsible under subdivision or other applicable regulations.
SPECIFIC PLAN: A document encompassing a specific geographic area of the city which is prepared for the purpose of specifically implementing the city general plan by: a) refining the policies of the general plan to a specific geographic area; b) containing specific recommendation as to the detailed policies and regulations applicable to a focused development scheme. The specific plan shall consist of goals, objectives and policies; requirements for capital improvements; the level of service required for public facilities; physical and environmental conditions; housing and land use characteristics of the area; and maps, diagrams and other appropriate materials showing existing and future conditions.
SPONSOR: An applicant seeking approval for construction of an office development project subject to chapter 5 of this title, such applicant's successors and assigns, and/or any entity which controls or is under common control with such applicant.
STANDARDS AND SPECIFICATIONS: The currently adopted document containing the design standards and specifications for construction of all public facilities, structures and utilities.
STEEP SLOPES: Any area with slopes twenty percent (20%) or steeper and as identified in the general plan or other support document of the city which has been officially designated as steep slopes within the sensitive lands or potentially sensitive lands overlay.
STREET: An open public or private way for the passage of vehicles, people and animals. Synonymous with "road" or "highway".
STRUCTURE: Anything constructed or erected.
SUBDIVIDE: The act or process of creating a subdivision.
SUBDIVIDER: Any person who: a) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who b) directly or indirectly, sells, leases or develops, or offers to sell, lease or develop, or advertises to sell, lease or develop, any interest, lot, parcel, site, unit or plat in a subdivision; or who c) engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or development a subdivision, or any interest, lot, parcel, site, unit or plat in a subdivision; and who d) is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing.
SUBDIVISION 4 : 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;
3. A recorded document, executed by the owner of record:
a. Revising the legal description of more than one contiguous unsubdivided parcel of property into one legal description encompassing all such parcels of property; or
b. Joining a subdivided parcel of property to another parcel of property that has not been subdivided, if the joinder does not violate applicable land use ordinances; or
4. A recorded agreement between owners of adjoining subdivided properties adjusting their mutual boundary if:
a. No new dwelling lot or housing unit will result from the adjustment; and
b. The adjustment will not violate any applicable land use ordinance.
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 AGENT: Any person who represents, or acts for or on behalf of, a subdivider or developer, in selling, leasing or developing, or offering to sell, lease or develop any interest, lot, parcel, unit, site or plat in a subdivision, except an attorney at law whose representation of another person consists solely of rendering legal services.
SUBDIVISION IMPROVEMENT AGREEMENT: A contract entered into by the applicant and the city council on behalf of the city by which the applicant promises to complete the required public improvements within the subdivision within a specified time period following final subdivision plat approval.
SUBDIVISION PLAT: The final map or drawing, described in these regulations, on which the subdivider's plan of subdivision is approved by the planning commission for recommendation to the city council and which, if approved by the city council, may be submitted to the county recorder for filing.
TEMPORARY IMPROVEMENT: Improvements built and maintained by a subdivider during construction of the subdivision and removed prior to the final release of the performance bond or other security.
TRACT: A lot. The term "tract" is used interchangeably with the term "lot", particularly in the context of subdivision, where a "tract" is subdivided into several lots, parcels, sites, units, plots, condominiums, tracts or interests.
TRANSFER OF DEVELOPMENT RIGHTS (TDR): The conveyance of development rights by deed, easement or other legal instrument, authorized by ordinance or regulation, to another parcel of land and the recording of that conveyance.
UNSTABLE SOILS: Those areas where soil instability would be a hazard to development and cannot be mitigated without massive grading and site modification. These areas are also identified in the general plan or other support document of the city and officially designated as sensitive lands or potentially sensitive lands.
UNSUBDIVIDED LANDS: Those lands within ownership of the city, homeowners' association, or land trust containing sensitive lands or potentially sensitive lands.
UTILITY CORRIDORS: Those areas where utility easements and obstructions are a limitation to development and as identified in the general plan or other support document of the city which have been officially designated as a utility corridor and as sensitive lands or potentially sensitive lands.
VESTED RIGHTS: Right to initiate or continue the establishment of a use that will be contrary to a restriction or regulation coming into effect when the project associated with the use is completed.
WATER RECHARGE AND CULINARY WATER SOURCE ZONES 1 : Those areas within the city which are, by state law, required setbacks surrounding sources of culinary water or which have been identified by the state or the city as important water recharge areas.
(Ord. 2007-05, 5-16-2007; amd. 2009 Code; Ord. 2022-03, 3-16-2022; Ord. 2022-04, 3-16-2022)
Notes
| 1 | 1. See section 10-3-1 of this code. |
| 2 | 1. See title 9, chapter 2 of this code. |
| 3 | 1. See title 2, chapter 1 of this code. |
| 4 | 1. UCA § 10-9a-103. |
| 1 | 1. See title 8, chapter 2 of this code. |