CHAPTER 1.03
DEFINITIONS

Section:
1.03.005 Definitions.

1.03.005 DEFINITIONS. Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this Title, Title II and Title III. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular; the word “building” shall include the word “structure;” the words “used” or “occupied” shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used or occupied; the word “shall” is mandatory and not directory, and the word “may” is permissive; the word “person” includes a firm, association, organization, group, partnership, trust, company, or corporation, as well as an individual; the word “lot” includes the words plot or parcel. Words used in Titles I, II, and III but not defined herein shall have the meaning as defined in any other Ordinances adopted by Tremonton City. Words not included herein but which are defined in any adopted Building Codes, shall be as defined therein.

ABONDONED OR ABONDONMENT. A land use that is out-of-service for a continuous period of three hundred-sixty five (365) days is abandoned.

ACCESSIBLE. Describes a site, building, facility, or portion thereof that complies with Americans with Disabilities Act (ADA) guidelines.

AFFECTED ENTITY. Means a county, municipality, local district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, a property owner, a property owners association, or the Utah Department of Transportation, if:

A. The entity’s services or facilities are likely to require expansion or significant modification because of an intended use of land; or

B. The entity has filed with the municipality a copy of the entity’s general or long-range plan; or

C. The entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under Title 10 Chapter 9a Utah State Code.

ANIMAL UNIT. An animal unit is defined as a mature (1,000-pound) cow or the equivalent.

ACCESSORY USE. See “Use, Accessory”.

AGRICULTURAL BUILDING. A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public.

AGRICULTURE, EXISTING. The production of food through the tilling of the soil, the raising of crops, that existed prior to the “Effective Date of Title” not including any agricultural industry or business.

AGRICULTURAL INDUSTRY / FOOD MANUFACTURING. Food manufacturing is a series of processes and packaging that transform and agricultural products into food products that are packaged for distribution and consumer use, and similar uses as determined by the Planning Commission, this often includes combining various ingredients and preservation processes such as cooking, baking, canning, and freezing. However, such uses shall not include animal rendering, animal by-products or similar uses.

ALCOHOL OR TOBACCO SPECIALTY STORE. An establishment providing retail sales and services, which exclusively or primarily involve the sale of alcohol or tobacco products and related goods.

ALLEY: A public way which affords a secondary means of access to abutting property.

APPEAL AUTHORITY. A person, board, commission, agency, or other body designated by Ordinance to decide an appeal of a decision of a land use application.

ASSISTED LIVING CENTERS. A home designed for seniors who are no longer able to live on their own safely but do not require the high level of care provided in a Nursing Home. Assisted Living Centers typically provide residence with assistance with medications, activities of daily living, meals either in their private room or in a central dining room, and housekeeping is routinely provided. Residents live in private apartments which frequently have a limited kitchen area. Staff may be available twenty-four (24) hours per day for additional safety. Assisted Living Centers may provide licensed nursing services, social activities and scheduled transportation. Assisted Living Centers operate as a business and the placement of residents in an Assisted Living is generally on a voluntary basis as opposed to a “Nursing Home.” See “Nursing Home” as to the differences between these land uses. Assisted Living Centers are also called as Care Centers or Personal Care Home.

AUTO-BODY REPAIR. A facility for major automobile, truck, mobile home, recreational coach or recreation vehicle repairs to the body, frame, fenders, glass, including rebuilding and paint.

AUTOMOBILE SALES AREA. An open area used for display, sale, or rental of new or used motor vehicles, mobile homes, recreational coaches, or recreation vehicles in operable condition.

AVERAGE SLOPE. An expression of rise or fall in elevation along a line perpendicular to the contours of the land connecting the highest point of land to the lowest point of land within a lot or building area. A vertical rise of one- hundred (100) feet between two (2) points one-hundred (100) feet apart measured on a horizontal plane is one-hundred (100) percent grade or 1:1 slope.

BASEMENT. See “Story, Below Grade”.

BUILDING. Any structure used or intended to be used for the shelter or enclosure of persons, animals, or property.

BUILDING, HEIGHT OF. See “Total Height”.

BUILDING OFFICIAL. The person designated by the City Manager to perform the duties as prescribed to the position by Ordinance.

BUILDING OR STRUCTURE, ACCESSORY. A building or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal building.

BUILDING OR STRUCTURE, EXISTING. A structure erected prior to “Effective Date of Title” or one for which a legal building permit has been issued.

BUILDING OR STRUCTURE, PRINCIPAL. A building or structure that is used primarily for the conduct of the principal use.

BULK PLANT. A bulk motor fuel storage and distribution facility that is not a terminal within the bulk transfer system and from which motor fuel may be removed by truck.

CARPORT. An attached or unattached parking area enclosed on not more than two (2) sides by walls or doors. For the purposes of this title, a carport shall be subject to all the regulations prescribed for in this Title.

CARWASH. A facility for automatic or self-service washing or cleaning of automobiles.

CERTIFICATE OF OCCUPANCY. An official authorization to occupy a structure as issued by the Building Official.

CHILDCARE/PRESCHOOL. (See Zoning District Chapters, Supplementary Regulations Chapter, Home Occupation Permit Chapter, and Conditional Use Permit Chapter of Title I).

A. CHILDCARE/PRESCHOOL, RESIDENTIAL-MAJOR. Providing care and supervision for a maximum of twelve (12) children including the caregiver’s own children in a place other than the home of the person cared for and by individuals other than parents, guardians, relatives by blood, marriage or adoption,. The care and supervision of the children is generally less than twenty-four (24) hours a day and is for direct or indirect compensation. “Childcare/Preschool, Residential-Major” is inclusive of kindergartens, pre-schools, nursery schools and all other similar facilities specializing in the education and/or care of children prior to their entrance into the first grade, other than facilities owned and/or operated by a Public School System. “Childcare/Preschool, Residential-Major” may be allowed to in a residential zone when a zoning district specifically authorizes such a use and when a Major-Home Occupation Permit, City Business License, and other state licenses have been issued.

B. CHILDCARE/PRESCHOOL, RESIDENTIAL-MINOR. Providing care and supervision for a maximum of six (6) children including the caregiver’s own children in a place other than the home of the person cared for and by individuals other than parents, guardians, and relatives by blood, marriage or adoption. The care and supervision of the children is generally less than twenty-four (24) hours a day and is for direct or indirect compensation. “Childcare/Preschool, Residential-Minor” is inclusive of kindergartens, pre-schools, nursery schools and all other similar facilities specializing in the education and/or care of children prior to their entrance into the first grade, other than facilities owned and/or operated by a Public School System. “Childcare/Preschool, Residential-Minor” may be allowed to in a residential zone when a zoning district specifically authorizes such a use and when a Minor-Home Occupation Permit, City Business License, and other state licenses have been issued.

C. CHILDCARE/PRESCHOOL, COMMERCIAL. Providing care and supervision for a children in a place other than the home of the person cared for and by individuals other than parents, guardians, relatives by blood, marriage or adoption,. The care and supervision of the children is generally less than twenty-four (24) hours a day and is for direct or indirect compensation. “Childcare/Preschool, Commercial” is inclusive of kindergartens, pre-schools, nursery schools and all other similar facilities specializing in the education and/or care of children prior to their entrance into the first grade, other than facilities owned and/or operated by a Public School System. “Childcare/Preschool, Commercial” may be allowed to in a commercial zone or other zone when a zoning district specifically authorizes such a use and when a Conditional Use Permit (if required in the zoning district), City Business License, and other state licenses have been issued.

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 and religious instruction.

CITY ATTORNEY. The Attorney employed by or officially representing Tremonton City.

CITY COUNCIL. The elected Legislative Body of Tremonton City also known as the Governing Body.

CITY ENGINEER. The Engineer employed by or officially representing Tremonton City.

CONDITIONAL USE. See “Use, Conditional.”

CONDOMINIUM. The ownership of a single unit in a multi-unit project, together with an undivided interest in common in the common areas and facilities of the property as provided by state law. A Condominium Development is comparable to a subdivision in that each development is characterized by multiple individual ownerships in a single development; in a Condominium Development the multiple individual ownerships are in structures, whereas in subdivisions such ownerships are in land. See Utah Code Title 57.

COUNTY HEALTH OFFICER. The Health Officer or department employed by or officially representing Tremonton City or another governmental entity that has jurisdiction within the incorporated limits of Tremonton City.

CUL-DE-SAC See “Streets, Roads, Highway/Cul-de-sac.”

CULINARY WATER AUTHORITY. The City’s Public Works Director or the department, agency, or public entity with the responsibility to review and approve the feasibility of the culinary water system and sources serving a property or building.

CULINARY WATER FACILITIES. Water supply lines, pumps, springs, wells, and/or any other physical facilities necessary to provide a supply of culinary water to a use in sufficient quantity and of approved quality to meet the standards of this Title, Title II, and Title III.

DECISION, ADMINISTRATIVE. An Administrative Decision is when the City Council, Planning Commission, Land Use Authority Board, Appeal Authority, Zoning Administrator, City staff, or other land use authorities administer and enforces an adopted plan, Ordinance, rule, or standard of the Tremonton City Council. Administrative decisions shall be supported by Findings of Facts included in a formal record of the decision and are valid if supported by substantial evidence in the record.

DECISION, LEGISLATIVE. A Legislative Decision is made by a public vote of the Tremonton City Council that result in an Ordinance, amendment to an Ordinance, adoption of a Plan, an amendment to a Plan, or creation of an official policy, rule or code. Legislative Decisions are valid if it is reasonably debatable that the action could promote the general welfare of the City.

DENSITY OR GROSS DENSITY. Density is a measure of the number of dwelling units per acre of area. It shall be expressed Dwelling Units per Acre (DU/acre).

DEVELOPER. Any person, firm, partnership, corporation, or association who causes improvements to be constructed, land use to be changed, or land to be subdivided for himself/herself or others.

DEVELOPMENT AGREEMENT. An agreement between Tremonton City and a Developer, wherein the Developer agrees to install improvements required by Title I, II, or III, subdivision regulations, or by the Land Use Authority Board, Planning Commission and/or City Council for the necessary proper development of the proposed land development, which includes a bond pursuant to Title II.

DISTRICT (ALSO ZONE OR ZONING DISTRICT). A portion of the territory of Tremonton City established as a zoning district by this Title, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Title.

DRIVEWAY. A private access which provides ingress and egress to a parcel of property.

DWELLING. Any building or portion thereof designed or used as the principal residence providing complete and independent living facilities for occupancy of a Single-Family, including permanent provisions for living, sleeping, cooking, and sanitation, but not including a tent, a recreational coach, hotel, motel, hospital, or nursing home. See also “Single-Family.”

DWELLING, ACCESSORY DWELLING UNIT. A building or structure in which an accessory dwelling unit is contained and said accessory dwelling unit is subordinate to the principal use of the building or structure with the accessory dwelling unit having a kitchen and a bathroom and is not occupied by not more than one (1) Single-Family. See also “Single-Family.”

DWELLING, SINGLE-FAMILY. A detached dwelling unit arranged, designed for, and/or used for, or occupied by not more than one (1) Single-Family. See also “Single-Family.”

DWELLING, MULTI-FAMILY ATTACHED. A dwelling unit attached to multiple other dwelling units by a common vertical wall, where each dwelling unit may or may not be located on a separate lot. A “Dwelling, Multi-Family Attached” is configured with the dwelling unit’s side-by-side as opposed to one on top of the other, with each dwelling unit occupied by not more than one (1) Single-Family. See also “Single-Family.”

DWELLING, MULTI-FAMILY STACKED. A dwelling unit attached to multiple other dwelling units by a common horizontal ceiling/floor. A “Dwelling, Multi-Family Stacked” is configured with the dwelling unit’s one on top of the other as opposed to side-by-side, with each dwelling unit occupied by not more than one (1) Single-Family. See also “Single-Family.”

DWELLING, MULTI-FAMILY TWIN HOME. A dwelling unit attached to one (1) other dwelling unit by a common vertical wall, where each dwelling unit may or may not be located on a separate lot. A “Dwelling, Multi-Family Twin Home” is configured with the dwelling unit’s side-by-side as opposed to one on top of the other, with each dwelling unit occupied by not more than one (1) Single-Family. See also “Single-Family.”

EASEMENT. That portion of a lot or lots reserved for present or future use by a person or agency other than the legal owner(s) of said property(ies). The easement may be for use on, under, or above said lot or lots.

EFFECTIVE DATE OF TITLE. The date on which these Titles become legally binding.

ELDERLY PERSONS. A person who is sixty (60) years old or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.

EXCAVATION. Any disruption of the soil mantle and/or man-made surfacing of the same. Excavations may be either in the nature of a process or a use. Excavations undertaken for the purpose of preparing a site for an ultimate land use or for repairing or constructing urban service facilities are processes; whereas excavations such as gravel pits, quarries or mines are uses which require specific use authorization in the zoning district where located, in addition to a Conditional Use Permit if such is required.

EXISTING STRUCTURE. See “Building or Structure, Existing.”

FACILITIES, PUBLIC. Public Facilities are those facilities required to support the services and functions provided by Tremonton City in areas designated and zoned for the purpose and use as per Chapter 1.10 of this Title.

FEED YARD/FEED LOT. A practice in which animals or fowl are kept and intensively fed in a relatively restricted area, as contrasted with open pasturage.

FINAL PLAT. A Plat Map prepared in accordance with the provisions of Title I and Title II, which is designed to be placed on record in the office of the Box Elder County Recorder.

FINDINGS OF FACTS. Itemized reasons based upon written and adopted plans, Ordinances, and policies by which a Land Use Authority shall articulate for the record or minutes of the meeting when making an Administrative Decision.

FIRE FIGHTING FACILITIES. Such water supply, water lines, fire hydrants and other protective devices as may be required in accordance with the provisions of Title I, Title II, and Title III.

GEOLOGIC HAZARD. A surface fault rupture; shallow groundwater; liquefaction; a landslide; a debris flow; unstable soil; a rock fall; or any other geologic condition that presents a risk: to life; of substantial loss of real property; or of substantial damage to real property.

GENERAL PLAN (ALSO COMPREHENSIVE PLAN, MASTER PLAN, AND CAPITAL FACILITIES PLAN). A coordinated plan which has been prepared and adopted for the purpose of guiding development, housing, public facilities, parks and trails, and any other element in which the Utah Code Annotated 10-9a-401, which is adopted by Tremonton City in accordance with Utah State Law.

GOVERNING BODY. The elected Legislative Body of Tremonton City also known as the Tremonton City Council.

GRADE (LOT GRADE, FINISHED GRADE).

A. For buildings adjoining one (1) street only, the elevation of the sidewalk at the center of the wall adjoining the street; or

B. For buildings adjoining more than one (1) street, the average of the elevations of the sidewalk at the centers of all walls adjoining the streets; or

C. For buildings having no wall adjoining the street, the average level of the finished surface of the ground; or

D. Any wall parallel or nearly parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street.

HARDSHIP. Zoning Variances of these regulations, unusual physical circumstances peculiar to the subject property and not to the neighborhood in general which would result in a deprivation of all permitted uses or conditional uses under its zoning to which it can reasonably be put, and therefore all reasonable economic return from the property if zoning is strictly enforced. That which causes the hardship must:

A. Be exceptional and undue;

B. Relate to an extraordinary and exceptional situation or condition of the property; and

C. Not resulting from any affirmative action of the property owner is ″self-imposed or economic″ since all zoning imposes some degree of hardship; ″mere″ hardship does not justify a variance.

HARD SURFACED. A brick, concrete, or asphalt surface. This definition is synonymous with “Impervious Surface.”

HOME OCCUPATION. A business, profession, occupation, or trade conducted for gain or support and located and conducted within a dwelling unit, which use is accessory, incidental and secondary to the use of the building for dwelling purposes and does not change the essential residential character or appearance of such building and is subject to the regulations set forth in this Title. (See Chapter 1.24 of this Title)

HOSPITAL. An institution providing health services, primarily for in-patients, and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, out-patient departments, training facilities, central service facilities, and staff offices.

HOTEL/MOTEL. A commercial establishment, consisting of building or group of buildings comprising individual sleeping or living units, offering lodging to travelers and sometimes to permanent residents, and often having restaurants, meeting rooms, stores, etc., that are available to the general public.

IMPERVIOUS SURFACE. Impervious surfaces are those that do not absorb rain. All buildings, parking areas, driveways, roads, sidewalks, and any areas in concrete and asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by the City Engineer to be impervious within the meaning of this definition shall also be classed as impervious surfaces. This definition is synonymous with “Hard Surface.”

IMPROVEMENTS. Work, objects, devices, facilities, or utilities required to be constructed or installed in a land development. Such improvements may include, but are not limited to, street construction to required standards, water facilities, sewer facilities, sidewalks, curbs and gutters, drainage facilities, street trees, street signs, street lights, traffic control or safety devices, fire hydrants, and other facilities or construction required by this Title, subdivision regulations, or by the Land Use Authority Board, Planning Commission and/or City Council for the necessary proper development of the proposed land development.

KENNEL. See definition contained in Title 13, Chapter 13-100 Definitions of Tremonton City Revised Ordinances.

LANDSCAPE. To improve the appearance of an area of land, a roadway, etc., by planting trees, shrubs, or grass, etc. or altering the contours of the ground.

LANDSCAPING. The installation of living plant materials (i.e., lawn, ground cover, annual and perennial flowering plants, vines, shrubs, and trees) planted directly on the property and kept free of weeds. Use of water (i.e., pools, fountains, falls and streams) and sculptures are also included as landscape design materials. Decorative paving materials (i.e., bricks, pavers, flagstones, textured concrete) may be included provided they result in attractive open space, add color or texture to the design, and create visual interest.

LAND USE AUTHORITY. A person, board, commission, agency, or other body designated by Ordinance to act upon a land use application.

LIVESTOCK. Animals kept for husbandry or for family food production, including the following: (See Chapter 1.06 of this Title)

A. “Large Livestock” means horses, mules, burros, donkeys, cattle, sheep, goats, llamas, swine and other similarly sized farm, hoofed domesticated animals, excluding domestic dogs and cats.

B. “Small Livestock” means chickens, turkeys, ducks, geese, pigeons, pheasants, rabbits and other similarly sized fowl or animals, excluding domestic dogs and cats.

LOT. A parcel or unit of land abutting a public road or approved private road, described by metes and bounds and held or intended to be held in separate lease or ownership, or a parcel or unit of land shown as a lot or parcel on a recorded subdivision plat, planned unit development plat or condominium plat, or sale of land resulting from the division of a larger tract into two (2) or more smaller units.

LOT, AREA. The area contained within the property lines of the individual parcels of land shown on a subdivision plat or required by Title I and Title II, excluding any area within an existing street right-of-way, or any area required as open space under Title I and Title II, and including the area of any easements.

LOT, CORNER. A lot abutting upon two (2) or more streets at their intersection.

LOT, DEPTH. The horizontal distance between the front and the rear lot lines measured in the main direction of the side lot lines.

LOT HELD IN SEPARATE OWNERSHIP. Shall mean all contiguous land held in a single ownership at the time of the passage of this Ordinance or at any time hereafter, whether or not such land has been or is described separately, has separate claims of Title, is described on one (1) or more than one (1) property tax notice, or is otherwise divided on paper.

LOT LINE, FRONT. For an interior lot, the lot line adjoins a street; for a corner lot, each lot line adjoins a street.

LOT, FRONTAGE. The length, in feet, of the front lot line, which is co-terminus with the front street line.

LOT, INTERIOR. A lot other than a corner lot.

LOT LINE. A line dividing one (1) lot from another, or from a street or any public place.

LOT LINE, ADJUSTMENT. Means the relocation of the property boundary line in a subdivision between two (2) adjoining lots with the consent of the owners of record.

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 within the parcel parallel to and at a maximum distance from the front lot line. In cases where this definition is ambiguous, the Zoning Administrator shall designate the rear lot line.

LOT LINE, SIDE. Any lot boundary line not a front or rear lot line. (This does not apply to any yard fronting on a street, which is by definition a front yard line.)

LOT WIDTH. The horizontal distance between the side lot lines.

MANUFACTURED HOME. See Utah Code Annotated 10-9a-514 (1) for definition and Chapter 1.19 of this Title for Supplementary Regulations.

MANUFACTURING, ASSEMBLY. “Assembly Manufacturing” means the assembly, fabrication or processing of goods and materials using processes that create no noise, smoke, fumes, odors, glare, or health or safety hazards inside or outside of the building or lot where such assembly, fabrication or processing takes place or where such processes are housed entirely within a building. Light manufacturing generally includes processing and fabrication of finished products, predominantly from previously prepared materials, and includes processes which do not require extensive floor areas or land areas. Assembly manufacturing shall only include manufacturing operations that have no requirements for outdoor storage. The term “assembly manufacturing” shall not include any use which is otherwise listed specifically in the table of permitted and conditional uses for the category of zoning district or districts under this Title.

MANUFACTURING, HEAVY. “Heavy Manufacturing” means the assembly, fabrication, or processing of goods and materials using processes that ordinarily have greater than average impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, glare, or health and safety hazards, or that otherwise do not constitute “light manufacturing”. Heavy manufacturing generally includes processing and fabrication of larger products, products made from extracted or raw materials, or products involving flammable or explosive materials and processes which require extensive floor areas or land areas for the fabrication and/or incidental storage of the products. Heavy manufacturing may include manufacturing operations that have substantial requirements for outdoor storage. The term “Heavy Manufacturing” shall not include any use which is otherwise listed specifically in the table of permitted and conditional uses for the category of zoning district or districts under this Title.

MANUFACTURING, LIGHT. “Light Manufacturing” means the assembly, fabrication or processing of goods and materials using processes that ordinarily create minimal noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such assembly, fabrication or processing takes place or where such processes are housed entirely within a building. Light manufacturing generally includes processing and fabrication of finished products, predominantly from previously prepared materials, and includes processes which do not require extensive floor areas or land areas. Light manufacturing shall only include manufacturing operations that have limited requirements for outdoor storage. The term “light manufacturing” shall include uses such as electronic equipment production and printing plants. The term “light manufacturing” shall not include any use which is otherwise listed specifically in the table of permitted and conditional uses for the category of zoning district or districts under this Title.

MEDICAL AND DENTAL CLINIC. A building in which a group of dentists, physicians, and/or allied professionals in the healing arts are associated for the conduct of their professions. The clinic may include a dental and/or medical laboratory and an apothecary, but it shall not include in-patient care or operating rooms for major surgery.

MEMORY CARE CENTERS. A home designed for people with dementia or Alzheimer’ that require 24-hour support and structured activities to ensure their safety and quality of life. Generally, the residents live in semi-private apartments and have structured activities delivered by trained staff members. Most of these living environments have secured or locked areas to ensure no one wanders off. Many times, within the secured areas, residents have access to outdoor walking paths or gardens. Memory Care Centers operate as a business and the placement of residents in a Memory Care Center is generally on an involuntary basis as opposed to a “Residential Facility for the Elderly” or “Assisted Living Centers”. See “Residential Facility for the Elderly” or “Assisted Living Centers” as to the differences between these land uses.

MOBILE HOME. A transportable, factory built home, designed as a year round residential dwelling and built prior to June 15, 1976, the effective date of the national manufactured housing construction and safety standards act of 1974. The following are not included in the mobile home definition: (See Chapter 1.19 of this Title)

A. Travel trailers, motor homes, camping trailers, or other recreational vehicles; or

B. Manufactured and modular housing designed to be set on a permanent foundation.

MOBILE HOME PARK. A parcel of land that has been planned and improved for the placement of mobile homes for non-transient use and consisting of two (2) or more mobile home spaces, where the entire project is to be under single ownership or management and meets all of the requirements of Title I and Title II for Mobile Home Parks.

MOBILE HOME SPACE. A space within a Mobile Home Park designed to be used for the accommodation of one (1) Mobile Home.

MODULAR HOME. A permanent dwelling structure built in prefabricated units which are assembled and erected on the site or at another location and brought as a unit to the site; said modular home is classed as a Manufactured Home. See Chapter 1.19 of this Title.

MOTEL. See “Hotel/Motel.”

NATURAL RETENTION AREA. An area of poorly drained soils which lies along stream channels or swales or is adjacent to flood plain soils which are subject to periodic flooding.

NON-CONFORMING BUILDING OR STRUCTURE. A building or structure that: 1) legally existed before “The Effective Date of Title” and, 2) because of one or more subsequent land use Ordinance changes as a result of the “The Effective Date of Title” does not conform to the setback, height restrictions, or other applicable regulations. See “Effective Date of Title.”

NON-CONFORMING SIGN. A Sign that: 1) legally existed before “The Effective Date of Title” and, 2) because of one or more subsequent land use Ordinance changes as a result of the “The Effective Date of Title” does not conform to the sign standards, height restrictions, or other applicable regulations. See “Effective Date of Title.”

NON-CONFORMING USE. A land use that: 1) legally existed before “The Effective Date of Title.,” 2) because of one or more subsequent land use Ordinance changes as a result of the “The Effective Date of Title” does not conform to the regulations that now govern the use of the land; and, 3) the use has been maintained continuously since the “The Effective Date of Title.” See “Effective Date of Title.”

NURSING HOME. A home designed for the aged, chronically ill, or incurable persons that require a high level of medical care or assistance or require twenty-four hour (24) skilled nursing care. Nursing Homes provide residence skilled nursing care and generally the following services: assistance with medications, meals and housekeeping. Nursing homes are not hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured but may provide short-term rehabilitative stays for those recovering from an injury, illness or surgery. Residents typically share a room and are served meals in a central dining area unless they are too ill to participate. Nursing Homes operate as a business and the placement of residents in a Nursing Home is generally on an involuntary basis as opposed to a “Residential Facility for the Elderly” or “Assisted Living Centers”. See “Residential Facility for the Elderly” or “Assisted Living Centers” as to the differences between these land uses. Nursing homes are also referred to as Convalescent Care, Nursing Center, Skilled Nursing, or Long Term Care Facility.

OFFICIAL MAP. A map which includes the Transportation Master Plan and any other map that is apart of a General Plan, Comprehensive Plan, or Capital Facilities Plan or any other official map adopted either by ordinance or resolution by the City Council according to state law. The official maps may also include parks and trails, sites for public buildings or works, and sub-surface facilities in which the City has been or may be called upon to assist financially, or by other means.

OFF-SITE IMPROVEMENTS. Improvements not within the boundaries of the development or subdivision, but are required in order for the development or subdivision to have access, utilities, or other public services.

OFF-STREET PARKING SPACE. The space required to park one (1) passenger vehicle, which space shall meet the requirements of this Title. See Chapter 1.17 of this Title.

OCCUPIED. Means primary living or working space, not to include out buildings.

OPEN SPACE. Land used for recreation, agriculture, resource protection, amenity, or buffers; is freely accessible to all residents of the development, except in the case of agricultural lands where access may be restricted; and is protected by the provisions of this Title to ensure that it remains in such use. Open space does not include land occupied by non-recreational buildings, roads, or road rights-of-way; nor does it include the yards or lots of single or multiple-family or apartment dwelling units or parking areas as required by the provisions of this Title. Open space should be left in a natural state, except in the case of recreation uses which may contain impervious surfaces. Such impervious surfaces shall be included in the calculation of the impervious surface ratio.

PACKAGE AGENCY (ALSO LIQUOR STORE). “Package Agency” means a retail liquor location operated under a contractual agreement with the Utah Liquor Control Commission; and by a person other than the State; and who is authorized by the Commission to sell package liquor for consumption off the premises of the package agency.

PERMITTED USE. See “Use, Permitted.”

PETS. See definition contained in Title 13, Chapter 13-100 Definitions of Tremonton City Revised Ordinances.

PLANNING COMMISSION. The Planning Commission of Tremonton City. See Chapter 1.04 of this Title.

PLANNED DISTRICT. A zoning district, the boundaries of which are to be shown on the zoning map, but the regulations for which shall be determined by a general development plan to be adopted by the City Council as part of the Zoning Ordinance, after a public hearing, as required for other zoning districts.

PLANNED UNIT DEVELOPMENT (PUD). Reserved.

PLOT PLAN. A scaled drawing of and information pertaining to a proposed development site.

PRINCIPAL BUILDING OR STRUCTURE. See “Building or Structure, Principal.”

PRINCIPAL USE. See “Use, Principal.”

PROTECTION STRIP. A strip of land between the boundary of a land development and a street within the land development, for the purpose of controlling the access to or from the street by property owners abutting the land development. Protection Strips are not permitted within Tremonton City.

PUBLIC PARK. A parcel of land for either active or passive recreation or leisure, playground, swimming pool, golf course or athletic field which is under the control, operation or management of the state, a state agency, a county agency, or a municipality.

RECREATION VEHICLE (RV). A vehicle, with or without motive power, designed and constructed to travel on public streets, and designed for use as a human habitation of a temporary and recreational nature.

RECREATIONAL VEHICLE PARK (TRAVEL TRAILER PARK). Any area or tract of land or a separately designated section within a mobile home park where lots are rented or held out for rent to one (1) or more owners or users of recreational vehicles for a temporary time unless otherwise noted in this Title shall not exceed thirty (30) consecutive days.

RECREATIONAL VEHICLE SPACE. A plot of ground within a recreational vehicle park designated and intended for the accommodation of one (1) recreational vehicle.

RELIGIOUS INSTITUTION. See “Church.”

RESIDENTIAL FACILITY FOR ELDERLY PERSONS. A facility that is not operated as a business, and that is owned by one of the residents or by an immediate family member of one of the residents, or shall be a facility for which the Title has been placed in trust for a resident; and shall be occupied on a twenty-four (24) hour per day basis by eight (8) or fewer elderly persons in a family-type arrangement/group setting. The placement of residents in a “Residential Facilities for the Elderly Persons” is on a strictly voluntary basis and not part of or in lieu of, confinement, rehabilitation, or treatment in a correctional facility as opposed to a “Nursing Home.” See “Nursing Home” as to the differences between the two (2) land uses. See also definition of “Elderly Person.”

RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY. Pursuant to Utah Code Annotated 10-9a-103 (44), means a residence: in which more than one person with a disability resides; and is licensed or certified by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities; or is licensed or certified by the Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.

RETAIL, BIG-BOX STORE. A large retail store consisting of fifty-thousand (50,000) square feet or more whose physical layout resembles a large square or box when seen from above.

RIGHT-OF-WAY. See “Streets, Right-of-Way.”

ROAD MASTER PLAN. See “Transportation Master Plan.”

SANITARY SEWER AUTHORITY. The City’s Public Works Director or the department, agency, or public entity with the responsibility to review and approve the feasibility of the sanitary sewer system serving a property or building.

SERVICE/FUEL 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 tire repair, oil change, battery charging, storage of merchandise, and tune-up of automobiles, but not including major auto repairs.

SIGN(S). A presentation or representation of words, letters, figures, designs, pictures or colors, publicity displayed so as to give notice relative to a person, a business, an article of merchandise, a service, an assemblage, a solicitation, or a request for aid; also, the sign structure supports lighting systems and any attachments, ornaments or other features used to draw the attention of observers. See Sign Permit 1.27 of this Title.

A. SIGN, ANIMATED. A sign, which involves motion or rotation of any part, created by artificial means, or which displays flashing, revolving or intermittent lights. Exception: Electronic Message Display Signs.

B. SIGN AREA. The entire background area of a sign upon which copy could be placed. In computing area of a sign background, only that face or faces which can be seen from one direction at one time shall be counted. The supporting incidental structure of the sign shall not be used in computing sign area.

C. SIGN STRUCTURE. Is the support, poles, upright bracing or brackets and framework for any sign that is mounted on or affixed to a building, structure or the ground.

D. SIGNS, TYPES OF:

1. AWNING. An awning sign is any sign which is a structure made of cloth, metal, or other material affixed to a building in a manner that the structure may be raised or retracted against the structure.

2. BILLBOARDS/OFF PREMISE FREESTANDING SIGNS. Billboards/Off Premise Signs of any size which advertise or direct attention to a business, product, or service that is not provided, sold, offered, or existing where the sign is located. A Multi-Tenant Sign shall not be considered an Off-Premise Sign. See Chapter 1.27 for Community Signs.

3. CANOPY SIGN. A sign which is mounted on and supported by a canopy and may be found either above the canopy or hanging beneath the canopy, but in all cases mounted perpendicular to the building.

4. ELECTRONIC MESSAGE DISPLAY SIGN (EMD). A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means, which advertise or direct attention to a business, product, or service that is provided, sold, offered, or existing where the sign is located.

5. GATEWAY SIGN. A sign that introduces or welcomes visitors to a subdivision or development. The purpose of Gateway Signs are to identify a location or create a sense of place by communicating the name of the place that the visitor is entering. Gateway signs may include the logo of the subdivision or development but otherwise shall not contain any advertising message. Gateway signs shall be a stand alone On Premise Monument Signs or shall be incorporated into Multi-Tenant On Premise Pole Standing Sign or Multi-Tenant On Premise Monument Signs. Tremonton City Gateway Signs shall not be included in this definition and are exempt from the Sign Ordinance.

6. IDENTIFICATION SIGN. The term “identification sign” shall include the following:

a. A name plate, which establishes the identity of an occupant by listing his/her name and business or professional Title;
b. A sign, which establishes the identity of a building or building complex by name or symbol only;
c. A sign, which indicates street address or combines name plate and street address;
d. A sign which identifies an area in the City which, by reason of development, natural features, historical occurrences or common references, has or will become a landmark in the City; and
e. A commemorative sign, such as a cornerstone, memorial or plaque, when such is cut into a masonry surface or constructed of bronze or other noncombustible material, and is made an integral part of the structure.

7. MARQUEE. Means a permanent roofed structure attached to and supported by a building, and projecting over private or public property.

a. Marquee Sign. Any sign utilizing changeable copy painted on or attached to or supported by a marquee.

8. MONUMENT SIGNS. A freestanding on premise sign supported upon the ground by a solid base or poles. Monument signs are intended to be low to the ground requiring no clearance, which sign and base are of approximately equal size in width and length.

9. MULTI-TENANT ON PREMISE POLE SIGN: A sign which identifies tenants in a multi-tenant building or complex and which is located in the development for which it is advertising. A pole sign is a sign supported upon the ground by poles or braces and not attached to any building.

10. ON PREMISE POLE SIGNS. A sign which directs attention to a use, product, commodity or service performed upon the premises on which it is located. A pole sign is a sign supported upon the ground by poles or braces, and not attached to any building.

11. ON PREMISE TEMPORARY SIGNS – WIND SIGN / PORTABLE SIGNS / BANNER OR PENNANT. A temporary sign is a non-permanent sign erected, affixed, and maintained on the premises and may be displayed for not more than thirty (30) consecutive days in any three (3) month period, and not more than ninety (90) days in any calendar year. Wind Signs are signs consisting of one (1) or more banners, flags, pennants, ribbons, spinners, streamers or captive balloons, or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind or breeze. Portable Signs are signs which are temporary and not permanently affixed to the ground, building, or other structure, which may be moved from place to place. Banner or Pennant Signs are signs intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind. The purposes of temporary signs are Grand Openings/Going Out of Business/Special Promotions. Temporary signs shall not be placed in or over a public right of way. They shall be firmly secured to the building or ground. Temporary signs may be attached to the permanent signs only during the grand opening period. Temporary signs may not cover permanent signs unless the business has changed hands or changed names. No off-premise temporary signs are allowed except those mentioned in this Ordinance.

12. PROJECTING WALL SIGN. A sign attached to a building or extended in whole or in part twelve (12) inches or more horizontally beyond the surface of the building to which the sign is attached, but not including a “marquee sign” as herein defined. Support structure shall be perpendicular to surface of the building.

13. ROOF SIGN. A sign painted on the roof of a building supported by poles, uprights or braces attached to the roof of a building; or projecting above the roof line of a building; but not including a sign projecting from or attached to the wall face. See “Projecting Wall Sign.”

14. SIGN, FLASHING. A sign, which contains or are illuminated by lights that are intermittently cut on or off, change in intensity or otherwise create the illusion of flashing or movement, and any sign with lights which blink, flash, move, rotate, scintillate, flicker, vary in intensity or color or use intermittent electrical pulsations. Exception: Electronic Message/Reader Displays.

15. SIGN, HEIGHT OF. The vertical distance measured from the nearest finished grade to the top of the sign, including any superficial trim.

16. SIGN, ILLUMINATION. A sign on which a source of light is used in order to make the message readable. This definition shall include an internally or externally light source.

17. SIGN, ILLUMINATION – INDIRECT. Lighting by means of a light source that is directed at a reflecting surface in such a way as to illuminate the sign from the front, or the entire building facade upon which a sign is displayed. It does not include lighting which is primarily used for purposes other than sign illumination, i.e., parking lot lights or lights inside buildings which may silhouette a window sign but which are primarily installed to serve as interior illumination.

18. SIGN, ROTATING. A sign, which revolves three hundred-sixty (360) degrees with continuing motion or which moves or rotates in any direction or has a major moving part with the exception of traditional barbershop poles.

19. SIGN, SIDEWALK. A sign with two (2) faces that are adjoined at the top and displayed at an angle or similar design, which is not permanently anchored but secured from the wind or breeze.

20. SIGN, SNIPE/BANDIT. Signs that do not comply with the requirements of Title I and have not been issued a sign permit and the advertising matter appearing thereon is not applicable to the use of the premise upon which such sign is located.

21. SUSPENDED SIGNS. Suspended signs are signs which are anchored to a building and are free to hang from the structure to which it is attached.

22. WALL SIGNS/FLAT SIGNS. A wall sign is any sign that is painted either on a wall or it’s facing, or is attached in such a way as to not extend more than eleven (11) inches beyond the surface of the building to which the sign is attached.

SINGLE-FAMILY. Unless otherwise expressly provided herein, means any one of the following: one (1) person living alone; or the head of the household and all persons related to the head of the household by marriage or adoption as a parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece, great-grandparent, great-grandchild; or not more than four (4) unrelated individuals living together as a single housekeeping unit. (See UCA 10-9a-505.5)

SMALL WIND ENERGY SYSTEM. A wind system that it is used to generate electricity; has a capacity of one- hundred (100) kilowatts output or less. See Chapter 1.23 of this Title.

STORY, ABOVE GRADE. Any story having its finished floor surface entirely above grade, or in which the finished surface of the floor next above is: more than six (6) feet above grade; or more than twelve (12) feet above the finished ground level at any point.

STORY, BELOW GRADE. A story that is not a story above the grade plane.

STREETS, ROADS AND HIGHWAYS. (See Title III General Public Works Construction Standards and Specifications for specific street cross-sections.)

A. STREET, ALLEY. A public access-way less than twenty-six (26) feet in width, which is designed to give secondary access to lots or abutting properties.

B. STREET, COLLECTOR. A street, existing or proposed, of considerable continuity, which is a primary means of access to major streets, and is, designated a collector street on the Transportation Master Plan.
C. STREET, CUL-DE-SAC. A street, which is designed to remain permanently closed at one end with the closed end terminated by a vehicular turnaround

D. STREET, FRONTAGE, OR FRONTAGE ROAD. A minor street or road which is parallel to and adjacent to a limited access major street and which provides access to abutting properties and protection from through traffic.

E. STREET, HALF. A street parallel and contiguous to a property line and of lesser right-of-way width not less than one half (½) of projected roadway plus ten (10) feet, to be obtained in the future from the abutting property owner prior to development as frontage.

F. STREET, MAJOR ARTERIAL. A street, existing or proposed, which serves or is intended to serve as a major traffic way, and is designated a Major Arterial Street on the Transportation Master Plan.

G. STREET, MINOR ARTERIAL. A street, existing or proposed, which is supplementary to a Major Arterial Street, and is designated a Minor Arterial Street on the Transportation Master Plan.

H. STREET, PUBLIC. A thoroughfare, which has been dedicated to the public and accepted by proper public authority.

I. STREET, RIGHT-OF-WAY. That portion of land dedicated to public use for a street and utility purposes.

J. STREET, STUB. A street or road extending from within a subdivision boundary and temporarily terminating there with a vehicular turnaround. Stub Streets are provided to permit adjacent undeveloped parcels of land to be developed by continuing the stub street to the extended connecting street system.

STRUCTURE. Anything constructed for the use of which requires fixed location on the ground, or attachment to something having a fixed location upon the ground; includes “building.”

SUBDIVIDER. Any person, firm, corporation, partnership or association who causes land to be divided into a subdivision for themselves or others; a developer.

SUBDIVISION. (See Utah Code Annotated 10-9a-103 (52)). The division, whether or not concurrent or sequential in time, of a tract, lot or parcel of land, into two (2) or more lots, plots, sites or other division of land for the purpose, whether immediate or future, of sale or of building development. The word “subdivision” and any derivative thereof shall have reference to the term “Subdivision” as herein defined. For the purpose of Title I and Title II, a subdivision of land shall also specifically include:

A. The dedication of a street through or adjacent to a tract of land, regardless of area, which may create a division of lots or parcels constituting a Subdivision;

B. Re-subdivision of land heretofore divided or platted into lots, sites, or parcels, or

C. Condominium projects.

SWIMMING POOL. Any structure intended for swimming, recreational bathing or wading that contains water over twenty-four (24) inches deep. This includes in-ground, aboveground and on-ground pools, jacuzzis, hot tubs, spas, whirlpools, and fixed-in-place wading pools.

TATTOOING AND BODY ART. Means the act or practice of marking the skin, excepting the skin of the lips. Eyelids, and eyebrow area of the face, with indelible patterns, pictures, legends, letters, symbols, etc., by making punctures in it and inserting pigments or by branding, scarification, and body piercing excepting the face. The term Tattooing and Body Art specifically excludes what is commonly referred to as permanent make-up.

TOTAL HEIGHT. Means the vertical distance from ground level or average finished grade surface at the foundation to the top of a structure or object at its highest point.

TOWER. Means a freestanding monopole structure, no guyed structures shall be allowed.

TOWING AND IMPOUND YARD. Means the temporary storage of vehicles that have been towed, carried, hauled or pushed from public or private property for impoundment in a public or private impound yard. This use does not include vehicle rental or sale of new or used vehicles, vehicle repair, automobile wrecking yard, junk or salvage yard, or a freight terminal.

TRAIL OR WALKWAY. A right-of-way designed for use by pedestrians or non-motorized vehicles and not intended for use by motor vehicles of any kind; a trail or walkway or pedestrian-way according to the City’s planning documents or at the discretion of the City Council may be located within or out of a street right-of-way, at grade, or grade-separated from vehicular traffic.

TRANSPORTATION MASTER PLAN. A map of Tremonton City and future annexations areas showing existing public streets and location future public streets and which has been officially adopted by the City Council as the Transportation Master Plan.

USE, ACCESSORY. A use which is incidental and subordinate to the prescribed permitted use within any respective zoning provisions.

USE, CONDITIONAL. A land use that because of its unique characteristics or potential impact on the municipality, 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. See Chapter 1.25 of this Title.

USE, PERMITTED. A use of land, which is allowed within a particular zoning district without the necessity of obtaining a Conditional Use Permit.

USE, PRINCIPAL. Any use which is named and listed in the use regulations provisions of this Title, except those uses specifically designated as accessory uses; any use which is or may be conducted on a lot independently or any other use on the lot and not incidental or accessory to any other use on the lot; any use which establishes the primary activity on a lot.

UTILITIES, NEIGHBORHOOD. Utilities that include but are not limited to electrical utilities, natural gas utilities, water utilities, canals, sewer utilities, sewer lift stations, storm water retention and detention ponds, storm water utilities, public parks, and public safety facilities. Utility infrastructure may be constructed overhead, surface or underground services. Neighborhood Utilities exclude any, electrical sub-station, or transmission power lines of fifty (50) kV or greater capacity or facility or infrastructure defined in.

UTILITIES, TRANSMISSION, PAD, FACILITY. Electrical sub-station, gas-regulator stations, or transmission power lines of fifty (50) kV or greater capacity.

VICINITY MAP (LOCATION MAP) AND VICINITY PLAN. A vicinity map is a plan or drawing, not necessarily to scale, showing where a development, or proposed development, is located. A vicinity plan is a map or drawing, to scale, of any area proposed for development, showing existing and proposed streets, buildings, public facilities and utilities within the general influence area of the proposed development in the immediate vicinity of the land proposed for development; water courses, impoundments, streams, springs, wells and areas subject to continuous or occasional flooding on and in the immediate vicinity of the land proposed for development and significant vegetative patterns on and in the immediate vicinity of the land proposed for development.

VICIOUS ANIMAL. See definition contained in Title 13, Chapter 13-100 Definitions of Tremonton City Revised Ordinances.

WATER SOURCE. Springs, wells, and other sources of water used for culinary use. The definition shall also include any definition of a ″water source″ contained in the Drinking Water Source Protection Rules and Regulations of the State of Utah.

WETLANDS. Areas known as marshes, swamps, or wetlands, where standing water is retained for a portion of the year and unique vegetation has adapted to the area. Pursuant to Utah Code Annotated 10-9a-521 the City does not designate or treat any land as wetlands unless the United States Army Corps of Engineers or other agency of the Federal Government has designated the land as wetlands.

WILD ANIMAL. See definition contained in Title 13, Chapter 13-100 Definitions of Tremonton City Revised Ordinances.

YARD. (See Zoning District Chapters in this Title)

A. YARD, FRONT. A space on the same lot with a building, between the front line of the building and the front lot line, and extending across the full width of the lot. The “depth” of the front yard is the minimum distance between the front lot line and the front line of the building. (Note: On a corner lot, there are two (2) front yards.)

B. YARD, REAR. A space on the same lot with a building, between the rear line of the building and the rear lot line, and extending the full width of the lot. The “depth” of the rear yard is the minimum distance between the rear lot line and the rear line of the building.

C. YARD, SIDE. A space on the same lot with a building, between the side line of the building and the side lot line and extending from the front yard to the rear yard. The “width” of the side yard shall be the minimum distance between the side lot line and the side line of the building.

ZONING ADMINISTRATOR. The person designated by the City Manager to perform the duties as prescribed to the position by Ordinance.

ZONING ORDINANCE. The Ordinance of Tremonton City Title I which provides for the division of Tremonton City into districts, specifies the land uses which may be conducted in each district, and provides regulations for the uses of the land in each district.

REV 02/96 REV 02/01 REV 04/08 REV 05/00 REV 08/13
REV 12/97 REV 11/05 REV 06/13 REV 10/07 REV 08/14
REV 15.10 REV 16-11

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