9.4 Definitions

9.4.1 Definition Usage. For the purposes of this chapter, certain unique terms and words used herein shall be used, interpreted, and defined as set forth in this section and in chapter 2 of the Bear River City Land Management and Development Code. 9.4.2 Definitions: (a) Compatible. A development is compatible with an existing development or property if its architectural features, building height and materials, approved uses, intensity of such use and other features are complementary and do not have a significant adverse economic and aesthetic impact on the existing Chapter 9 Sensitive Lands Regulations development or property, including agricultural properties. Page 9-15 (b) Substantial economic hardship. Means denial of all reasonable economic use of the property. (c) Development Approval Application. Includes any application for any development approval including but not limited to grubbing, grading, conditional use permits, zoning or rezoning, subdivision, or annexation. The term "development approval application" shall not include any building permits associated with construction within an approved subdivision or on an existing platted lot unless otherwise specified. (d) Land Management and Development Code. The official Bear River City Land Management and Development Code adopted March 5, 1998, and effective March 5, 1998, as amended of which this chapter is a part of. (e) Maximum extent feasible. Means no prudent, practical and feasible alternative exists, and all possible planning to minimize potential harm has been undertaken. Economic considerations may be taken into account but shall not be the overriding factor in determining "maximum extent feasible." Open space. Shall have the meaning set forth in Chapter 2 of the this Code. (g) Ordinary high water mark. Means the line on the bank to which the high water ordinarily rises annually in season as indicated by changes in the characteristics of soil, vegetation or other appropriate means which consider the characteristics of the surrounding areas. Where the ordinary high water mark cannot be found, the top of the channel bank shall be substituted. In braided channels, the ordinary high water mark or substitute shall be measured so as to include the entire stream feature. (h) Qualified professional. Means a professionally trained person with the requisite academic degree, experience, and professional certification or license in the field or fields relating to the subject matter being studied or analyzed. Significant wetland. All Wetlands which occupy a surface area greater than 1/10 acre or are associated with permanent surface water or which are adjacent to or contiguous with a stream corridor. Slope. The level of inclination of land from the horizontal determined by dividing the horizontal run of the slope into the vertical rise of the same slope and converting the resulting figure into a percentage value. For purposes of regulation and measurement, slopes must cover at least twenty five (25) feet vertically and fifty (50) feet horizontally. (k) Steep slope. Slopes greater than fifteen (15) percent but less than or equal to thirty (30) percent. Stream. Means those streams, excluding ditches and canals constructed for irrigation and drainage purposes, that flow year around or intermittently during years of normal rainfall. (m) Revised 2012 Code Stream corridor. Means the corridor defined by the stream's ordinary high water Bear River City Land Management and Development Page 9-16 mark. (n) Suitability determination. A determination carried out by the Town Planning Commission or Staff to ascertain if a development is compatible with development on surrounding or adjacent property.