6.01.010 Definitions

A. Acre means an area of land containing forty-three thousand five hundred sixty (43,560) square feet. B. Accessory Building means a building or structure not used for human habitation having a use that is secondary to the primary residential or business use of a particular land parcel. An accessory building may include a shed, garage, or barn. C. Accessory Dwelling Unit means a dwelling for human habitation that is smaller than, and located adjacent to, another dwelling unit or building. An accessory dwelling until shall not exceed 800 square feet of finished interior floor area, and shall include, at minimum, a kitchen (including a permanently installed stove, sink, cabinets, counters and refrigerator); a living area; a sleeping area; and a separate bathroom (including toilet, sink, shower {or bathtub}). An accessory dwelling until shall have an entrance which is separate from the entrance to the primary use or building and, and it shall have parking sufficient for the occupants. Accessory dwelling units shall not be subdivided or conveyed separately from the subject lot where the primary use is situated. D. Adjacent means a parcel of land that shares a boundary with the parcel of real property that is the subject of an application under this Title. For purposes of this Title, a parcel is adjacent to another if it is separated only by a public street or easement. E. Adversely Affected means a person or entity who claims an interest in real property which may be negatively affected by any decision under this Title. F. Advisory Documents means planning documents adopted by the Town from time to time, including the General Plan; or similarly adopted guidance documents. G. Alley means a public thoroughfare less than twenty-five (25) feet wide as through a continuous row of houses, permitting access from the street to backyards, garages, etc., a narrow access. H. Apartment means multi-family dwellings held in single ownership, offered for rent or lease, in which units share one or more common walls. I. Appeal Authority means the person or persons designated by ordinance enacted by Town to hear land use appeals under this Title. J. Archeological Resources means any material remains of human life or activities which are at least 200 years of age, and which may provide scientific, cultural, or similar understanding of past human activities or behavior. By way of illustration, and not of limitation, archeological resources may include ancient human remains; ancient human dwellings or other structures; pottery, tools, clothing, art, weapons, or other items used by ancient humans; or the like. K. Architect means a professional architect licensed in the state of Utah who exercises responsible charge over the preparation and submittal of materials required under this Title. Architects shall sign and stamp all submittals required by this Title. L. Automotive Repair (Light) means repair, maintenance, and servicing of motor vehicles that does not involve removal of the head, crankshaft, or pistons of an engine. M. Base Flood Elevation (BFE) means the computed elevation to which floodwater is anticipated to rise during a flooding event having a one percent chance of occurring in any given year. The BFE is typically shown on Flood Insurance Rate Maps and is a regulatory requirement for the elevation and flood- proofing of structures. N. Buffer means a structure or area provided to reduce the conflict between two different land uses. Buffers may consist of fencing, walls, landscaping, berms, roads, screening structures, or land set aside to separate particular uses. O. Business License means a written license issued by the Town of Bluff pursuant to Chapter 6.65 or under Chapter 6.70 (for short term rentals) authorizing a person or entity to transact business within the Town. P. Building Height means the vertical distance above the average existing grade measured to the highest point of the building. The height of stepped or terraced building shall be the maximum height of any segment of the building. Q. Building Permit means documentation of an official approval issued by the local government agency allowing construction or remodeling to proceed on the property. It is intended to ensure that the project will comply with local standards for land use, zoning, and construction. R. Campground means any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for short-term, overnight camping units, or which is advertised or represented as a camping area. S. Common Element or Common Area means an area of land, including open space, parks, trails, playgrounds, entrance features, or other similar elements which are dedicated to and owned by property owners in common, or by a homeowner association. T. Condominium means a multi-unit development in which individual units are separately owned and each owner receives a recordable deed to the unit, together with an undivided interest in any common elements. A condominium development shall be regarded as a subdivision. U. Construction means the lawful placing of substantial construction materials in permanent position, fastened in a permanent manner. V. Development means, on land, in or under land or water, the placement or erection of any solid material or structure; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility, trail, or road; and the division of land. W. Driveway means a paved or unpaved vehicle access provided between a street or road and a parking area or a loading space. X. Duplex means a free-standing dwelling held in single ownership that may be offered for rent or lease, in which two (2) dwelling units share a single common wall and roof. Y. Enforcement Official means a person employed or authorized by the Town of Bluff to enforce its ordinances. Z. Engineer means a professional engineer licensed in the state of Utah who exercises responsible charge over the preparation and submittal of materials required under this chapter. Engineers shall sign and stamp all submittals required by this Title. AA. Flashing Sign means a sign that, by any method of illumination, flashes off and on, winks, changes light intensity, shows motion, creates the illusion of motion, or which shows images or text that appear to move. BB. Floodplain means the area of land that marks the delineation of the one hundred (100) year flood event, as defined by the Federal Emergency Management Agency (FEMA) on its Flood Insurance Rate Map FEMA In the absence of a FEMA delineation of the floodplain, the Town may require floodplain delineation as to a parcel of real property proposed for development via engineering modeling performed by a suitably qualified engineer or other professional. CC. Floor Area means the total floor area of the portion of a building that is above ground. Floor area is measured from the exterior faces of a building or structure. Floor area does not include any of the following: a. Vent shafts and courts; b. Roof area; c. Roof top mechanical equipment, and associated enclosures; d. Roofed porches, open patios, exterior balconies, or other similar areas, unless they are enclosed by walls that are more than 42 inches in height, for 50 percent or more of their perimeter; e. Structured parking garages. DD. Footprint means the area of land measured at finished ground level that is enclosed by the external walls of a building, or the floor area in the absence of walls. EE. Full Cutoff means a light fixture in which opaque shielding directs all light downward. FF. Group Home means a facility where persons with medical, cognitive, or behavioral disabilities reside in a group setting with professional care or support. GG. Home Occupation means a business or trade as defined in Section 6.01.050(A) of this Title. HH. HVAC means heating, ventilation, and air-conditioning equipment installed in a building. II. Kennel means a structure, building, or series of buildings where dogs or cats are bred, trained, or boarded, with indoor housing, and an outdoor exercise area(s). A kennel manager shall be available within the Town at all times when the property is occupied by dogs, cats, or any other animal. JJ. Land Use Authority means the entity designated by ordinance to approve or deny a land use application. KK. Land Use Clearance (LUC) means clearance granted by the Town of Bluff Planning and Zoning Commission to an individual or entity to develop; perform new construction; move a mobile, manufactured, or prebuilt home onto a lot; and for any addition or remodel, in accordance with Zoning Ordinances that the proposed land use meets the zoning requirements. The signed LUC is a required part of the building permit application subsequently sent to the approving body. Provisions to be met are outlined in the LUC application form. LL. Level I Application means a site plan application for the development of six (6) or fewer residential units, or the development or remodeling of not more than five thousand (5,000) square feet of finished commercial space. MM. Level II Application means a site plan application for the development of seven (7) or more residential units or the development or remodeling in excess of five thousand (5,000) square feet of finished commercial space. NN. Long Term means the leasing or renting of space or a dwelling for human occupancy for a period of more than thirty (30) consecutive days. OO. Lot means an existing parcel proposed for development or a parcel of land occupied by a building or group of buildings, together with such yards, open spaces, lot width and lot area as are required by this Ordinance, having frontage upon a street or upon a right of way. PP. Map Amendment means a legislative change to the geographic dimensions or extent of the Official Zoning Map of the Town of Bluff, or any zoning district designated therein. QQ. Mobile Home means a structure constructed subsequent to 1976 in conformity with the Manufactured Housing Construction Safety Standards Act, 42 U.S.C. § 5401-5426, and generally described as a prefabricated dwelling built on a chassis which is designed for transportation and placement on a semi-permanent foundation. RR. Mobile Home Park means a parcel of land developed under Bluff ordinances in which parcels are made available for long term lease or ownership, and upon which mobile homes are placed and connected to culinary water, sanitary sewer (or approved Onsite Wastewater System), and electrical power. A mobile home park may include designated spaces leased for short-term Recreational Vehicle use. SS. Modular Home, means a prefabricated structure intended for occupancy as a dwelling which is constructed in conformity with applicable building codes and transported in one or more modules and placed upon a permanent foundation, as authorized by 15 U.S.C. § 2967(a)(6). TT. Nonconforming Lot means a parcel of land which is lawfully of-record and subject to taxation prior to the effective date of this Title as defined in Section 6.01.030. UU. Nonconforming Use means a use of land as defined in Section 6.01.030 of this Title. VV. Onsite Wastewater System means a system, on the property, to address wastewater, like a septic system approved and subject to Utah Administrative Code R. 317-4 WW. Ornamental Elements are ornaments affixed to the roof of a structure that are not to exceed five (5) feet. XX. Patio means a hardened surface outdoor area adjoining a house. YY. Porch means a roofed structure, usually open at the sides, projecting from the face of a building. ZZ. Recreational Vehicle (RV) means a licensed motor vehicle or trailer mounted on or towed by another vehicle which includes living quarters. Types of RVs include but are not limited to motorhomes, camper vans, coaches, caravans, fifth-wheel trailers, popup campers, and truck campers. AAA. Recreational Vehicle (RV) Park means a parcel of land developed under Bluff ordinances which is owned by a single person or entity in which two or more designated sites are offered for long term or short term lease (including overnight rental) or in exchange for service to the public, employees, or volunteers RV parks are primarily designed to accommodate recreational vehicles, camping, and short-term lodging uses. BBB. Refuse Area means an area for the location of solid waste disposal containers which is screened from view using a solid wall or fence that is not chain link. CCC. Rehabilitation Center means a facility where in-patient nursing and/or medical care is provided to persons who have medical, psychological, or psychiatric condition. DDD. Remodel means to undergo a structural change. EEE. Residential Dwelling means a non-motorized physical structure for housing people constructed on site or delivered and installed on a permanent foundation and connected to approved utilities. FFF. Setback means the minimum distance from a specified boundary that a structure or other feature must be located. GGG. Short Term Rental means the leasing or licensing of space or a dwelling for human occupancy for a period of less than 30 consecutive days, including the offering of overnight lodging, subject to the licensing and other requirements in Chapter 7.70 (Ordinance No. 2021-20a-7) HHH. Sign means a structure or device conveying information in written or pictorial form. III. Structural means relating to or forming part of the structure of a building or other item with different interrelated parts with a fixed location on the ground. JJJ. Surveyor means a professional land surveyor licensed in the state of Utah who exercises responsible charge over the preparation and submittal of materials required under this chapter. Surveyors shall sign and stamp all submittals required by this Title. KKK. Tavern means any licensed establishment where alcohol is served to paying customers where the revenue from alcohol sales exceeds the revenue from the sale of food. Food need not be sold in such establishments. LLL. Telecommunications Facility means any tower (whether lattice constructed or monopole) which supports radio telecommunications equipment or antennae. A telecommunications facility includes any incidental structures, such as sheds or equipment housings in which telecommunications equipment may be housed or sheltered from the elements. MMM. Text Amendment means a legislative change to the language of any requirement applicable to a zoning district defined under this Title. NNN. Tiny House means a structure designed and used as a dwelling with a maximum interior area of four hundred (400) square feet (excluding lofts) which provides provisions for a living area, sleeping area, kitchen, and bathroom. A tiny house may be permanent (affixed) in nature or non-permanent (attached to wheels or a trailer—a tiny house on wheels [THOW]). Tiny houses shall be constructed in conformity with applicable building codes. OOO. Title means Title Six (6) of Town of Bluff Ordinances. PPP. Use Change means the conversion of an existing residential or commercial structure from one use to another use permitted within the zoning district. Without limitation, examples of a use change include changing a warehouse to a restaurant; converting office space into apartments; changing retail space into professional offices; or the like. Any use change that would require a building permit under applicable building codes shall also constitute a use change under this Title. QQQ. Utilities means culinary water, sanitary sewer (or approved Onsite Wastewater System), electricity, and natural gas service (or propane). Utilities may also include telephone, data, cable, or broadband services. RRR. Variance means an authorization by the Planning Commission, acting as the Land Use Authority pursuant to state law, relative to specific parcel of land for a modification of a zoning district’s standard height, bulk, area, width, setback, or separation requirement; as distinguished from a conditional use, the allowing of a use not listed as permitted in a zone, or any other change in zoning requirements.