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.

ABANDONED OR ABANDONMENT. 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/IMPLEMENT SALES AREA. An open area used for display, sale, or rental of new or used motor vehicles, implement, 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.

COMMERCIAL OUTDOOR STORAGE. Any material or equipment held within a commercial zone that is outside for future sale, processing or use for the business in which it is stored.

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, Development Review Committee, 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 Development Review Committee, 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. Suc