Chapter 2 Definitions

For the purpose of these regulations, certain numbers, abbreviations, terms, and words used herein shall be used, interpreted, and defined as set forth in this Chapter. Where definitions are given in another chapter or section of this Code that apply to only that section or chapter, those definitions shall apply first. In some instances, words or terms that have a definition in this chapter may show in italics elsewhere in this Code. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word "herein" means "in these regulations''; the word "regulations" means "these regulations"; the word “code” means “this code”. A "person" includes a corporation, a partnership, a limited company, a limited liability company, and an incorporated association of persons such as a club; "shall" is always mandatory; a "building" includes "structure"; a "building" or "structure" includes any part thereof; "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied". 2.1 Access The provision of vehicular and/or pedestrian ingress and egress to structures or facilities. 2.1.1 Accessory Apartment (revised June 13, 2007) An area within a single-family owner-occupied residential dwelling such as a basement or garage which may be independently rented or leased strictly in accordance with the requirement of section 3.16 of Chapter 3 of this Land Management and Development Code. 2.2 Accessory Building A building upon the same lot (or on a contiguous lot under the same ownership) as the principal building and which is (1) clearly incidental to, and customarily found in connection with such principal building or use and (2) is operated and maintained for the benefit or convenience of the owners, occupants, employees, customers or visitors of the lot with the principal use. Small storage buildings of 120 square feet or less, without plumbing, natural gas or electricity do not require a zoning clearance, but must be located at least one foot from the property line and at least 30 feet from any public road. This provision applies in all zones. (Revised 05/2001) 2.3 Accessory Use Shall mean a use conducted on the same lot as the principal use or structure with which it is associated; and is a use which is clearly incidental to and is customarily found in connection with such principal use; and is either in the same ownership as such principal use or is maintained and operated on the same lot substantially for the benefit or convenience of the owners, occupants, employees, customers or visitors of the principal use. No accessory use shall be allowed on any lot or parcel unless the permitted use is being actively utilized. 2.4 Administrative Permit A permit issued by the Town as per Town regulations for specified uses after compliance with applicable zoning or development code regulations is determined. 2.5 Agriculture The tilling of the soil, the raising of crops and animals for private, commercial or industrial use; horticulture, and gardening, except household pets, and not including any agricultural industry or business such as fruit packing plants, animal hospitals or similar uses. 2.6 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. 2.7 Antenna A device for sending and/or receiving radio, television, data or similar communication signals. 2.8 Apartment House A multiple dwelling; see Dwelling, Multi-Family. 2.9 Applicant The owner of land proposed to be subdivided and/or developed or his/her representative. Consent shall be required from the legal owner of the premises. 2.10 Application A form or checklist supplied by the Town Council or Planning Commission indicating the data and information necessary to proccess the Applicant’s proposed project(s). 2.11 Arterial A road intended to allow through traffic to and from such major attractions as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas, and similar traffic generators within or without the town and/or as a route for traffic between communities or large areas. 2.12 Attached Building Units connected on one or more sides to an adjacent unit or units by a common party wall with separate exterior entrance for all unit(s). This shall apply to commercial as well as residential units. 2.13 Balcony A platform that projects from the wall of a building and is surrounded by a railing or balustrade. 2.14 Bed and Breakfast Inns A dwelling, including those dwellings of historical significance in which two to eight rooms are rented out by the day, offering overnight lodging to travelers, and where one or more meals are provided to the guests only, the price of which may be included in the room rate. 2.15 Block A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad or utility rights-of-way, shore lines of water ways, or boundary lines of municipalities. 2.16 Boarding House A building other than a hotel, cafe, or restaurant with two or more bedrooms where for direct or indirect compensation lodging and/or kitchen facilities or meals are provided for boarders and/or roomers not related to the head of the household by marriage, adoption, or blood. 2.17 Building Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind. 2.18 Building, Attached (See Attached Building.) 2.19 Building, Detached Any building or structure clearly separated from another building on the same lot. 2.20 Building, Main The principal building, or one of the principal buildings on a lot, or the building or one of the principal buildings housing a principal use upon a lot. 2.21 Building Pad Line The building pad line denotes that area in which the entire new structure must lie.. 2.22 Building, Public Structures constructed by or intended for use by the general public such as libraries, museums, the municipal or public works buildings, etc. 2.23 Building and Zoning Inspector or Official The person designated by the Town to enforce the Zoning Ordinance and development codes as enacted by the Town. Generally the Building Inspector or Official shall administer these regulations. 2.24 Business Offices Any site or location which provides space for the transactions, service, or administration by a commercial enterprise and/or where storage of goods and sale of merchandise is minimal and secondary to performance of the service. 2.25 Canopy A roof structure constructed of fabric or other material placed so as to extend outward from a building providing a protective shield for doors, windows, and other openings, supported by the building and supports extended to the ground directly under the canopy or cantilevered from the building. 2.26 Capital Improvements Program A proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual local government's operating expenses, for the purchase, construction, or replacement of the physical assets for the community are included. 2.27 Caretaker Boarding Boarding provided on premises to employees whose primary responsibilities are the care, maintainence, and upkeep of the house and grounds. 2.28 Child Care Center A center-based facility in which the provision of Child Day Care for 13 or more children occurs on a regular basis. 2.29 Child Day Care The provision (day or night) of supplemental parental care instruction and supervision (a) for a non-related child or children; (b) on a regular basis; and (c) for less than 24 hours a day. As used in this Ordinance, the term is not intended to include baby-sitting services of a casual, non recurring nature or in the child's own home. Likewise, the term is not intended to include cooperative, reciprocative child-care by a group of parents in their respective domiciles. 2.30 Collector Roads A road intended to move traffic from local roads to arterials. A collector road serves a neighborhood or large subdivision and should be designed, if possible, so that no residential properties face onto it. 2.31 Common Open Space Facilities, land and yard areas identified within projects for the use and enjoyment of all the residents and maintained and operated by an organization of property holders of that project. 2.32 Conditional Use A use requiring special consideration and review in the manner set forth in Chapter 1 of this Code and for which a conditional use permit is required pursuant to this code. 2.33 Condominium Any structure which has been submitted to condominium ownership under the provisions of the Utah Condominium Ownership Act. This includes residential, nonresidential, and any other space. 2.34 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 in accordance with the requirements of the Planning Commission or Town Engineer as a condition of the approval of the plat. 2.35 Convalescent Home An institution other than a hospital wherein people may gradually recover from an illness (see Nursing Home). 2.36 Coverage Lot area covered by a building. 2.37 Cul-de-sac A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement as well as Fire Fighting and other public safety equipment. 2.38 Developer The person, persons, corporation, firm or partnership owning the land proposed to be developed in any way, or a designated legal representative. Consent shall be required from the legal owner of the premises. 2.39 Dwelling A building or portion thereof designed for use as the residence or sleeping place of one or more persons or families with cooking and bathroom facilities, but not including hotel, motel, lodge, nursing home rooms, trailers or mobile homes. 2.40 Dwelling, Multi-Family A building arranged or designed to be occupied by two or more families living independently of each other in separate but attached dwellings. 2.41 Dwelling, Single Family A building arranged or designed to be occupied by only one family; a structure having only one dwelling unit. 2.42 Easement Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his or her property. 2.43 Escrow A deposit of cash with the Town or approved alternate entity in lieu of an amount required and still in force on a performance or maintenance guarantee. Such escrow funds shall be deposited in a separate account. 2.44 Family An individual, or two or more persons related by blood, marriage, or adoption, or a group of not more than four persons who are not related, living in a dwelling unit as a single housekeeping unit. 2.45 Family Day Care The provision of child day care for four to six children, inclusive, including the provider's own children under the age of 18, if they are cared for in the same area of the structure designated for Family Day Care. 2.46 Family Group Day Care The provision of Child Day Care for seven to 12 children, inclusive, including the provider's own children who are under the age of 18, if they are cared for in the same area of the structure designated for Family Group Day Care. 2.47 Fence A structure constructed for reasons of privacy, security, or aesthetics which is located in such a manner as to separate or divide areas. Includes hedges and masonry walls and may or may not be sight obscuring or light tight. 2.48 Final Approval Final approval by the Town Council, Planning Commission or Board of Adjustment (if required), of a plan, project, rezoning, use, activity, or other action that shall be given after all the requirements set out in the Preliminary Approval have been met and after all concerns of the reviewing agency regarding such plan, project, rezoning, use, activity, or other action have been addressed and answered. Final approval does not refer to plat approval unless the plat is submitted simultaneously. 2.49 Final Plat The final map or plan or record of a subdivision and any accompanying material to be submitted before approval, as described in these regulations. 2.50 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, master planned developments, group housing projects, community unit projects, average density or density zoning projects, as this code may permit or regulate. 2.51 Flood Plain Area An area adjoining a river, stream, or water course, or other body of standing water in which a potential flood hazard exists due to inundation or overflow of water having sufficient volume and velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of water courses. Any area designated as a flood plain by the Department of Housing and Urban Development or the Federal Emergency Management Agency or any other agency of the United States Government or State and Local Government Agencies, including the Town of Amalga. 2.52 Floor Area The floor area is the area of a building that is enclosed by surrounding exterior walls, excluding a 600 square foot allowance for garages. This definition is for planning purposes only and may conflict with other methods of calculating square footage such as the International Building Code. 2.53 Floor Area Ratio The floor area ratio shall be the floor area as defined in this Chapter, divided by the total area of the lot or parcel on which it, the structure is situated. 2.54 Frontage That side of a lot abutting on a street and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side on a corner lot. [Amended 2010] 2.55 Frontage Block All property abutting one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line. 2.56 Frontage Street Any street to be constructed by the developer or any existing street in which development shall take place on both sides. 2.57 Garage, Private A detached accessory building, or a portion of a main building, intended to be used for the storage of motor vehicles for the tenants or occupants of a specific building and not by the general public. 2.58 Garage, Public A building or a portion thereof, other than a private garage, used for servicing, repairing, equipping, hiring, selling or storing motor-driven vehicles. 2.59 General Plan A Comprehensive or General Plan for development of the Town, prepared and adopted by the Planning Commission and Town Council, pursuant to State law, and including land use maps or other suitability maps and/or any part of such plan separately adopted and any amendment to such plan, or parts thereof. 2.60 Geologic Hazard A hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property or improvements, due to the movement, failure, flooding, or shifting of the earth. 2.61 Governing Body The Governing body of the Town (Town Council of Amalga) having the power to adopt, amend or rescind ordinances, including this code. 2.62 Grade The slope of a road, street, or other public way, specified in percentage terms and calculated by dividing the difference in elevation between two points by the horizontal distance. 2.63 Grade, Natural Elevation of the existing surface of the land prior to commencement of construction of any improvements proposed or any previous site disturbance. Natural grade, when not readily established due to prior modifications in terrain, shall be fixed by reference elevations and slopes at points where the prior disturbance appears to meet the undisturbed portions of the subject property or the adjacent property's undisturbed grade. The estimated natural grade shall tie into the elevation and slopes of adjoining properties without creating a need for new retaining walls, or abrupt differences in the visual slope and elevation of the land; and not change the direction or flow of run-off water. For the purpose of measuring the height of any building from natural grade, the measurement shall be the vertical distance from natural grade to the highest point of the building. 2.64 Guarantee Any form of security including a letter of credit, escrow agreement, bond or instrument of credit in an amount and form satisfactory to the Town. All guarantees shall be approved by the Town wherever required by these regulations. 2.65 Guest House An accessory building intended for the inhabitation by non-rent paying guests. Provides separate cooking and sleeping quarters and is maintained and owned by the primary residence. 2.66 Habitable Space (Room) Habitable space (room) is space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage, or utility space, and similar areas are not considered habitable. 2.67 Hard-surfaced Hard-surfaced shall mean covered with concrete, asphalt or other impervious surface. 2.68 Health Department and Health Officer The agency and person designated by the Town to administer the health regulations of the Town and/or County or State. This may be the local Health Department and Director or the applicable Department of Health and Director of the State of Utah. 2.69 Height The vertical distance from natural undisturbed grade to the highest point of the roof.. 2.70 Highway, Limited Access A freeway, or expressway, providing a traffic way for through traffic, in respect to which owners or occupants of abutting property on lands and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the Utah Department of Transportation, having jurisdiction over such traffic way. 2.71 Home Occupation See the Supplementary Regulations in Chapter 3, section 3.11, for a detailed definition. 2.72 Hotel/Motel A building containing sleeping rooms for the temporary occupancy of guests. Accessory facilities may include a lobby, meeting rooms, recreation facilities, group dining facilities and/or other facilities or activities customarily associated with hotels or hotel apartments. This does not include lock-outs or boarding houses. 2.73 Hotel Room A unit consisting of one room, without a full kitchen, intended for temporary living and sleeping purposes and including a separate, exclusive bathroom. 2.74 Hotel Suite Two interconnected rooms in a hotel with a single corridor or exterior access and without a full kitchen, intended for the temporary occupancy of guests. 2.75 Impact Analysis A determination of the potential effect of a proposed residential, commercial, or industrial development upon the community and services it must provide. 2.76 Improvements See Lot Improvements or Public Improvements. 2.77 In-Home Baby-sitting The provision of child day care for fewer than four children. 2.78 Joint Ownership Joint ownership among persons shall be construed as the same owner or "constructive ownership" for the purpose of imposing subdivision regulations. 2.79 Kitchen A room or space within a room equipped with such electrical or gas hook-up services which would enable the installation of a range, oven, or like appliance using 220/240 volts or natural gas (or similar fuels) for the preparation of food. 2.80 Limits of Disturbance The limits of disturbance line indicates the area in which construction activity must be contained. 2.81 Local Government The City or Town of Amalga, Utah. 2.82 Local Government Attorney See Town Attorney. 2.83 Local Government Engineer See Town Engineer. 2.84 Local Road A road intended to provide access to other roads from individual properties and to provide a right-of-way beneath it for sewer, water, and storm drainage pipes. 2.85 Lot A parcel or unit of land, with the potential to meet frontage and rear and sideyard setback requirements, describable either by metes and bounds, or by other legal plat designation held or intended to be held in separate ownership or leasehold, or a parcel or unit of land shown as a lot or parcel on a recorded subdivision map, or shown on a plat used in the lease or sale or offer of lease or sale of land resulting from the division of a larger tract into smaller units. A lot may not necessarily be buildable. All structures must be built and maintained upon a qualified and approved lot. Required frontage and rear and sideyard requirements must also be maintained. 2.86 Lot, Corner A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees. 2.87 Lot Depth The minimum distance measured from the front property line to the rear of same property boundary. 2.88 Lot Improvement Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Certain lot improvements shall be properly guaranteed as provided in these regulations and the Land Management Code. 2.89 Lot Line, Front The property line dividing a lot from the right-of-way of the street. A front setback shall be required for each side of a parcel which borders a public street or right-of-way. See the Supplementary Regulation Chapter for specific setbacks on unusual lots. [Amended 2010] 2.90 Lot Line, Rear The property line opposite the front lot line. 2.91 Lot Line, Side Any lot line other than a front or rear lot line. 2.92 Lot Width The minimum distance between the side property lines. 2.93 Major Street Plan See Official Zoning Map or Land Use or Zoning Maps. The Major Street Plan is part of these map(s). 2.94 Manufactured Home A manufactured home is a structure transportable in two or more modules which is built on a permanent chassis and when connected to required utilities, and plumbing, heating, air conditioning and electrical systems contained therein, is designed to be used as a dwelling with a permanent foundation and footing. 2.95 Major Subdivision All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of more than one lot, or any size subdivision requiring any new street or extension of the local governmental facilities, infrastructure, or the creation of any new public improvements. 2.96 Master Plan See General Plan. 2.97 Master Planned Development A development designed and reviewed under the Master Planned Development processes described in this Code. 2.98 Metropolitan or Regional Planning Commission and Metropolitan or Regional Council of Governments The agency performing A-95 review of all federal grant-in-aid projects required to be reviewed by Regional and State Planning Boards to insure the projects conform to regional and state needs; the planning agency established to carry on regional or metropolitan comprehensive planning. 2.99 Minor Subdivision The subdivision of a single lot from an undivided tract, recorded as such in the County Recorder’s office. Such divisions shall be considered a minor subdivision if: (a) Only one lot is divided from the property. Additionally, the construction of a dwelling upon either the original parcel or upon the newly created lot shall be deemed as the allotted construction for a minor subdivision. The remaining parcel shall be deemed as ineligible for dwelling construction under the minor subdivision provisions until four years from the issuance of the zoning clearance for either lot. This applies regardless of any property ownership changes. (b) No other division of this land, as identified by the county tax number, has occurred less than four years prior to this division. (c) No zoning change or rezone is required. (d) No street expansion or improvement is required. (e) The division requires no other infrastructure changes. (f) The division meets all other requirements of the Utah Code, Title 10, the Municipal Land Use & Development Act, Sec. 10.9.806. (g) The development is in harmony with the goals of the Amalga General Plan and does not conflict with any provision or portion of the Amalga Land Management and Development Code, Official Zoning Map, Land Use Map, Transportation and Circulation Element of the General Plan, or any other town ordinance or regulation. (h) The subdivider must agree to be bound by the current version of this code and the Town General Plan. The property must not contain sensitive lands or lie under the sensitive lands overlay zone. (Revised 05/2001) 2.100 Mobile Home A moveable or portable structure designed to be towed on its own chassis and designed for continuous, non-recreational human occupancy without a permanent foundation and which contains one dwelling unit. 2.101 Municipality The City or Town of Amalga, Utah. 2.102 Neighborhood Park and Recreation Improvement Fund A special fund that may be established by the Town Council to retain monies contributed by developers in accordance with the "money in lieu of land" provisions of these regulations to develop land within reasonable proximity of the land to be subdivided so as to be of local use to the future residents of the subdivision(s). 2.103 Nightly Rental The rental of a room, apartment, or house or lockout room for a time period of less than 30 days. 2.104 Non-Conforming Use The use of a building, structure, or land which does not conform to current use regulations for the district in which it is situated, but which was in conformity with prior regulations at the time of its establishment, or which was in existence prior to the establishment of use regulations for the district in which it is situated. 2.105 Non-residential Subdivision A subdivision whose intended use is other than residential, such as agricultural, commercial or industrial. Such subdivision shall comply with the applicable provisions of the Town General Plan and the requirements of the Land Management and Development Code. 2.106 Nursery, Greenhouse A place and or structure in which young plants are raised for experimental purposes, for transplanting, or for sale. 2.107 Nursing Home An institution described also as a "rest home", or "convalescent home", other than a hospital, in which persons are lodged and furnished with care rather than diagnoses or treatment. 2.108 Off-site Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval. 2.109 Official Zoning Map The map established by the Town Council pursuant to law showing the streets, highways, and parks, and zoning districts, adopted and established by law, and any amendments or additions thereto resulting from the approval of subdivision plats by the Planning Commission and the subsequent filing of such approved plats. 2.110 Official Master Plan See General Plan. 2.111 One Bedroom Apartment A dwelling consisting of a living room, a kitchen (which may be a part of the living room), a single room designed and intended as a bedroom, and a bathroom for the exclusive use of that unit, all having a combined floor area of not more than 1,000 square feet. 2.112 Open Space Open space shall be defined as different separate types dependent upon occupancy, use, and control. All types of open space are referred to collectively as "open space" in this Code. Any of these types of open space could be public or private open space. They shall include: 2.112.1 Agricultural Open Space Open lands left undisturbed or dedicated primarily as usable agricultural lands for farming and ranching purposes and intended for use by residents of the development, neighborhood or community. 2.112.2 Natural Open Space Natural, undisturbed areas with little or no improvements or irrigation. This may include such areas as ridge lines, slopes over 30%, wetlands, stream corridors, trail linkages, or visual linkages. These areas may be subject to an open space conservation easement to ensure that they remain undisturbed and to provide public access as deemed appropriate by the Planning Commission; 2.112.3 Neighborhood Open Space Landscaped areas free of buildings, structures, and other substantial improvements, and includes without limitation (a) outdoor swimming pools, swimming pool areas, hard surfaced recreational areas, and other recreational areas that are unenclosed, and fences, canopies, bath houses, and accessory structures for recreation use, whether enclosed or unenclosed; (b) driveways that cross the required yard at approximately right angles and serve fewer than three parking spaces; (c) the ground surface above underground facilities provided it otherwise qualifies as usable open space under the provisions of this section; and (d) pedestrian ways to plazas within a building that are directly oriented to the major pedestrian entrance to the building and are open to view and use by the public; and (e) decks, porches, patios, terraces and steps under 30 inches high provided they are not covered by a portion of a building; 2.112.4 Recreational Open Space Parks and areas of active recreation use including neighborhood or community centers or clubhouses intended for use by residents of the development, neighborhood or community. 2.113 Ordinance Any legislative action, however denominated, of the Town Council of Amalga which has the force of law, including any amendment or repeal of any ordinance. 2.114 Owner 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 sought to be developed or subdivided under these regulations. 2.115 Parking, Public A parking area or facility on private or public property to be used by the public. Fees for the use thereof may or may not be involved. 2.116 Parking Lot An area other than a street used for the parking of more than four automobiles. 2.117 Parking Lot, Commercial A lot used for the temporary parking of automobiles for compensation. 2.118 Parking Lot, Private A lot used for the temporary parking of automobiles for compensation. 2.119 Parking Space An area maintained for the parking or storage of an automobile or other vehicle, which is graded for proper drainage and is hard surfaced, porous paved or graded and compacted roadbase/gravel where specially permitted. 2.120 Parking Structure A fully enclosed structure designed and intended for parking or storage of more than four vehicles. 2.121 Perimeter Street Any existing street to which the parcel of land to be subdivided abuts on only one side. 2.122 Permitted Use A use of land allowed by right under the provisions of this code. 2.123 Planned Residential Unit Development A development designed to preserve open space for agricultural, recreational, and aesthetic purposes. A PRUD may allow individual lots within developments to be smaller than those required in the respective zone, but must maintain the overall density required within that zone. 2.124 Planning Commission The Planning Commission of the Town of Amalga, Utah established in accordance with law. 2.125 Planning Commission Chairman The person elected by the planning commission to chair the commission, conduct the meetings and perform other leadership functions as determined by the commission and as directed by this code. 2.126 Plat Ammendment A change in an approved or recorded subdivision plat if such change affects any street layout in such plat or area reserved thereon for public use, or any lot line; or if it affects any plat legally recorded prior to the adoption of any regulations controlling subdivisions. Also refered to as a “re-subdivision” 2.127 Porous Paving A substantial surfacing material designed and intended to support light vehicular movement. Porous paving includes paving systems such as modular pavers which provide at least 50% surface exposure suitable for the establishment of plant materials and which substantially abates surface water runoff. Gravel and/or compacted soil are not acceptable as porous paving materials. 2.128 Preliminary Plat The preliminary drawing or drawings following the sketch plan, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission and Town Council for approval. 2.129 Pre-schools Daycare centers designed to provide children with activities preparatory to the entrance of elementary school. 2.130 Primary Use The primary or main use shall be the purpose for which the premises, land or a building therein is designed, arranged, or intended, or for which it is or may be occupied or maintained. 2.131 Professional Office A building or space used by persons such as accountants, architects, artists, dentists, designers, engineers, lawyers, physicians, realtors, teachers, and others who, by virtue of training and/or license, are qualified to perform services of a professional nature, and/or where no substantial amount of goods or merchandise are sold or stored. 2.132 Property Line, Front That part of a lot which abuts a public street or public right-of-way. [Amended 2010] 2.133 Public Improvement Any drainage ditch or system, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, water or sewer system, or other facility for which the Town may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which Town responsibility is established. All such improvements shall be properly guaranteed and installed as per Town codes, specifications and regulations. 2.134 Public Use A use operated exclusively by a public body, or quasi-public body, such use having the purpose of serving the public health, safety, or general welfare, and including uses such as public schools, parks, playgrounds, and other recreational facilities, administrative, service facilities, and public utilities. 2.135 Quasi-Public Use A use operated by a private nonprofit educational, religious, recreational, charitable, or philanthropic institution, such use having the purpose primarily of serving the general public, such as churches, private schools, and universities, or similar uses. 2.136 Recreation, Commercial Recreation facilities operated as business on private or public property and open to the public for a fee, such as a golf course, tennis court, equestrian center, skating rink, etc., and support facilities customarily associated with the development. 2.137 Recreation, Private Recreation facilities operated on private property and not open to the public. 2.138 Recreation, Public Recreation facilities operated by a public agency and open to the public with or without a fee. 2.139 Registered Engineer An engineer properly licensed and registered in the State of Utah. 2.140 Registered Land Surveyor A land surveyor properly licensed and registered in the State of Utah. 2.141 Restaurant A building in which food is commercially prepared and served for consumption within the premises. 2.142 Restricted Lot A parcel of land severed or placed in separate ownership after October 29, 1975, and which does not meet all area, width, yard and other requirements of this title for a lot; or a parcel of land which does meet all the requirements of this title for a lot, but the creation of which has caused any adjacent lot from which it was severed to be insufficient in area, width, setback, yard or other requirements of this title for a lot. (Revised 05/2001) 2.143 Restaurant, Drive-In A building in which food is commercially prepared and served for consumption on the premises, and which includes a facility which allows food to be ordered and taken from the premises for consumption elsewhere. 2.144 Re-subdivision See - Plat Amendment. 2.145 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 another special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-ofway 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, canals, ditches, 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. 2.146 Roads, Classification For the purpose of providing for the development of the streets, highways, roads, and rights-of-way in and for their future improvement, reconstruction, realignment, and necessary widening, including provision for curbs and sidewalks and drainage, each existing street, highway, road, and right-of-way, and those located on approved and filed plats, may be designated on the Official Zoning Map of the Town 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 Town and its present and estimated future traffic volume and its relative importance and function as specified in the Transportation and Circulation Element of the General Plan or land use maps or zoning maps of Amalga. The required improvements shall be measured as set forth for each street classification on the Official Zoning Map. 2.147 Road, Dead End A road or a portion of a street with only one vehicular traffic outlet. 2.148 Road Right-of-Way Width The distance between property lines measured at right angles to the center line of the street. 2.149 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 transfer, of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, intestate succession, or other written instrument. 2.150 Same 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 stockholder, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association. 2.151 Satellite Receiving Station Shall mean and include any apparatus or device which is designed for the purpose of transmitting and/or receiving radio, television, satellite microwave, or other electromagnetic energy signals between terrestrial and/or orbital based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, satellite microwave antennas, TVRO's or dish antennas. This definition does not include conventional television antennae or ham radio antennae. 2.152 Screening Either (a) a strip of at least ten feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least four feet high at the time of planting, of a type that will for a year-round period, will provide a dense screen at least six feet high; or (b) an opaque wall or barrier or uniformly painted fence at least six feet high. Either (a) or (b) shall be maintained in good condition at all times and may have no signs affixed to or hung in relation to the outside thereof except the following: for each entrance, one directional arrow with the name of the establishment with "For Patrons Only" or like limitation, not over two square feet in area, which shall be non-illuminated. Where required in the district regulations, a screen shall be installed along or within the lines of a plot as a protection to adjoining or nearby properties. 2.153 Secondary Living Quarters (revised June 13, 2007) [See 2.1.1 Accessory Apartment] 2.154 Semi-Detached Building Units connected on one side by an insulated common or party wall with separate exterior entrance for each unit. 2.155 Setback, Front A front setback will be required for each side of a lot bordering a public street or other right of way. 2.156 Setback The distance between the frontline of a building and the street line or road rightof-way, or nearest property line thereto. 2.157 Shade Tree A tree in a public place, street, special easement, or right-of-way adjoining a street as provided in these regulations. 2.158 Single accessory apartments A living quarters attached to, but separate from, a main dwelling, such as a basement, garage, or attic apartment. 2.159 Site Development Standards Established regulations concerning lot areas, yard setbacks, building height, lot coverage, open space, and any other special regulations deemed necessary to accomplish the goals and purposes of the underlying zoning district. 2.160 Sketch Plat A sketch preparatory to the preparation of the preliminary plat (or subdivision plat in the case of minor subdivisions) 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 and/or conditions of these regulations. 2.161 Street, Public A thoroughfare which has been dedicated and accepted by the Council, which the Town has acquired by prescriptive right or which the Town owns, or accepted for dedication on an approved final plat, or a thoroughfare which has been dedicated or made public by right of use and which affords access to abutting property, including highways, roads, lanes, avenues, and boulevards. Any street or road shown on the Transportation Element of the General Plan or Land Use Maps or Official Zoning Maps as a public street. 2.162 Structure Anything constructed, the use of which requires fixed location on or in the ground, or attached to something having a fixed location upon the ground and which imposes an impervious material on or above the ground; definition includes "building". All structures must maintain the minimum set-backs for the district in which they are located, both above and below the ground. 2.163 Studio Apartment A dwelling unit consisting of a single room equipped for cooking, living, and sleeping, having a separate bathroom or kitchen for the exclusive use of that apartment, all having a combined floor area of not more than 1,000 square feet. 2.164 Subdivider Any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who (2) directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot, parcel, site, unit, or plat in a subdivision; or who (3) 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; or who (4) is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing. 2.165 Subdivision Any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any or all other plans, terms, and conditions, including re-subdivision. Subdivision includes the division or development of residential and nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument. 2.166 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-atlaw whose representation of another person consists solely of rendering legal services. 2.167 Subdivision Plat The final map or drawing, described in these regulations, on which the subdivider's plan of subdivision is presented to the Planning Commission and Town Council for approval and which, if approved, may be submitted to the Cache County Recorder for filing at the subdivider's expense 2.168 Tandem Parking Parking designs which necessitate parking one vehicle behind another. Such parking may not include more than two cars in depth, and may not require occupants of separate dwellings to park behind one another. 2.169 Temporary Improvement Improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance guarantee. 2.170 Town The Town of Amalga, Utah. 2.171 Town Attorney The licensed attorney designated by the Town or City to furnish legal assistance for the administration of these and other regulations. 2.172 Town Council The Town or City Council of Amalga, Utah. 2.173 Town Engineer The State of Utah licensed engineer designated by the Town or City to furnish engineering assistance for the administration of these and other regulations. 2.174 Town Staff The employee or employees of Amalga charged with the duties of performing ministerial or administrative functions under this Code. When specific job titles are referred to in this Code, it is done for convenience in designating the person or department primarily responsible for that particular function. All Town staff functions are under the direction of the Mayor, and the use of a specific job title shall not be construed as vesting authority with that person or department as all staff actions are under the direction of the Town Mayor and Council and the staff or departmental structure established by the Mayor for the effective operation of Municipal affairs. 2.175 Trailer A mobile home. A moveable or portable structure designed to be towed on its own chasis and designed for human occupancy without a permanent foundation and which contains onedwelling unit. 2.176 Unit Equivalent The relative density factor applied in the Code to different sizes and configurations of dwelling units and commercial spaces within a master Planned Development or Planned Residential Unit Development. 2.177 Use, Intensity The maximum number of residential units, or commercial, or industrial space within a specified land area designated for that purpose. 2.178 Yard A required space on a lot other than a court, unoccupied and unobstructed by buildings from the ground upward, except as otherwise provided herein. Yard areas for below grade structures must be provided unless a variance is obtained. 2.179 Yard, Front A required space between the front line of the main building and the front lot line or closer right-of-way line of an abutting street or right-of-way and extending across the full width of a lot. The "depth" of the front yard is the minimum distance between the front lot line and the front line of the closest main building. 2.180 Yard, Rear A required space between the rear line of the building and the rear lot line, or closer public street 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 main building, excluding porches and other minor protrusions. 2.181 Yard, Side A required space 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, excluding porches and other minor protusions. Chapter SUPPLEMENTARY REGULATIONS The regulations set forth in this chapter qualify or supplement, as the case may be, the Amalga Land Management and Development Code and Regulations appearing elsewhere in this Code. Contents of this chapter 3.1 Purpose.............................................................................................. 3-2 3.2 Substandard Lots ............................................................................. 3-2 3.3 Reduced Site Requirements............................................................. 3-2 3.4 Lot Standards ................................................................................... 3-2 3.5 Sale or Lease of Required Space ..................................................... 3-3 3.6 Sale of Lots Below Minimum Space Requirements....................... 3-3 3.7 Fences, Walls and/or Hedges ........................................................... 3-3 3.8 Frontage Protection, Safety, and Limited Access to Highways .... 3-3 3.9 Clear View of Intersecting Streets .................................................. 3-4 3.10 Public Utility Structures .................................................................. 3-4 3.11 Home Occupations ........................................................................... 3-4 3.12 Side Yard Exceptions ....................................................................... 3-6 3.13 Rear Yard Exceptions ...................................................................... 3-7 3.14 Front Yard Exceptions..................................................................... 3-7 3.15 Height Provisions.............................................................................. 3-8 3.16 Accessory Apartments within Residential Dwellings .................... 3-8 3.17 Completion of On and Off Site Improvement Work Prior to the Approval of Plats or Issuance of Certificates of Occupancy .. 3-9 3.18 Regulation of the Placement of Satellite Receiving Antennas .... 3-13 3.19 Setback Requirements for Unusual Lot Configurations............. 3-13 3.20 Sensitive Lands Review.................................................................. 3-13 3.21 Day Care Services (Including Preschools).................................... 3-14 3.22 Temporary Uses.............................................................................. 3-14 3.23 Off-Street Parking.......................................................................... 3-17 3.24 Signs and Outdoor Advertising ..................................................... 3-18 3.25 Technical Review............................................................................ 3-28 3.26 Right to Farm Provisions............................................................... 3-29 3.27 Right off Way Encroachment (Rev: 12 March 2008)………….. 3-30 3.28 Group Living Facilities……...…………………………………….3-34 3.29 Business License Provisions…………...………………………….3-38 3.30 Amalga Northern Drainage Ordinance.........................................3-45