1-3-040 Definitions (part 1 of 3)

(Ordinance 309 , 328 & 361) As used in this Code, the words and phrases defined in this section shall have the following meanings unless the context clearly indicates a contrary meaning. Words not included Herein, but defined in the building code shall be construed as defined therein. Accessory Building: See Building, Accessory. Accessory Use: A use or building including solar energy systems and renewable energy uses on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or building. An accessory use or building shall include any structure for caretaker, or security housing, or the confinement of animals. Active Solar System: A system of equipment capable of collecting and converting incident solar radiation into heat, mechanical or electrical energy, and transferring these forms of energy by a separate apparatus to storage or to the point of use. It includes water heating, space heating or cooling, electric energy generating or mechanical energy generating and the architectural and engineering design or system necessary to balance or optimize active components. Adjacent Landowners: A property owner of record, according to the records of the County Recorder, whose property abuts all or part of property proposed for development. Affected Entity: 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 property owner, property owners association, public utility, 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; B. the entity has filed with the county a copy of the entity's general or long-range plan; or C. the entity has filed with the county a request for notice during the same calendar year and before the county provides notice to an affected entity in compliance with a requirement imposed under this chapter. 1-3- 3 Agricultural Industry (Agricultural Business): An industry or business involving agricultural products in packaging, treatment, sales, intensive feeding, or storage. Typical uses include animal feed yards, fur farms, commercial milk production, food-packaging or processing plants, commercial poultry or egg production, wholesale greenhouses, etc. Agricultural Sales and Service: An establishment primarily engaged in the sale or rental of farm tools and implements, feed and grain, tack, animal care products, agricultural fertilizers, farm supplies, garden supplies, retail nurseries, etc., and including accessory food sales and farm machinery repair services. Agricultural Workforce Housing: Agricultural workforce housing means a place, area, or piece of land where sleeping places or housing sites are provided by an agricultural employer for agricultural employees. Agriculture: The production of food through the tilling of the soil, the raising of crops, gardening and horticulture for personal use or sale, breeding and raising of domestic animals and fowl (excluding household pets), and not including any agricultural industry. Agritourism: The combination of agricultural production with tourism to attract participants from the general public to an agricultural enterprise for the entertainment, recreation, or education of the participants. Airport: The Brigham City Municipal Airport or any area of land designated and used for the landing and taking off of aircraft. Alley: A public access-way less than 26 feet in width, which is designed to give secondary access to lots or abutting properties. An alley shall not be considered a street for the purpose of this Code. Alluvial Soils: Areas subject to periodic flooding as defined in the soil survey prepared by the Soil Conservation Service which encompasses Box Elder County. Amusement Park: Any place of organized amusement activity not conducted wholly within a completely enclosed building, whether a commercial or non-profit enterprise, except temporary celebrations sanctioned by the County Commission by a special permit. Animal Clinic: A structure used for veterinary care of sick or injured animals. Also includes structures used for animal grooming. The boarding of animals is limited to short-term care and is accessory to the principal use. This definition does not include commercial or home-based kennels. 1-3- 4 Animals and Fowl for Recreation and Family Food Production: The keeping of animals on a lot or parcel for exclusive personal, non-commercial, use by persons residing thereon. The Large Animals table is applicable to the A-1/2, R-1-20, RR-20, RR-1, and RR-2 zoning districts. The Small Animals table is applicable to the A-1/2, R-1-20, RR-20, RR-1, RR-2, and R-1-8 zoning districts. Large Animals are not allowed in the R-1-8 zoning district. Large Animals 0.5 acre 1 acre Sheep, 2 Goat, Ostrich, Emu Hog, Pig 0 Cow, 0 Horse, Llama, Alpaca Total Per 2 Parcel 1.5 acre 2 acre Each Additional 0.5 acre +2 Available Fenced Area Per Animal 500 sq/ft +2 500 sq/ft +2 2500 sq/ft +2 Small Animals 0.25 0.5 1 1.5 2 Each acre acre acre acre acre Additional 0.5 Acre Duck, 5 10 20 30 40 +10 Chicken, Pheasant, Pigeon, Quail Beehive, 2 5 10 15 20 +5 Goose, Guinea Hen, 1-3- 5 Rabbit, Turkey Total Per 10 20 30 40 +10 Parcel Exemptions for 4-H and FFA are available. If a property is not eligible for animals based on the regulations above, exemption permits can be acquired through the County Community Development office. These permits are required annually and are valid for one year. Small animals have no available fenced area as these animals can more easily exist in the rear yard setback similar to a household pet. “Available fenced area” for large animals does not include the front, rear, or side yard setback area requirements. (see image below) 1-3- 6 Appeal authority: The person, hearing officer, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. Appurtenances: Appendages and incidental details on buildings are to be allowed such as building projections, coverings for mechanical equipment, etc. Architectural Projection: Any building or structural projection which is not intended for occupancy and which extends beyond the face of an exterior wall of a building or structure, but not including signs. Assisted Living Facility: A residential facility, licensed by the State of Utah, provides assistance with activities of daily living and social care to two or more residents who require protected living arrangements, and which is a residential facility with a home-like setting that provides an array of coordinated supportive personal and health care services available 24 hours per day to residents who have been assessed under the Utah Department of rule to need any of these services. Each resident in a type I or type II assisted living facility shall have a service plan based on the assessment, which may include: (A) specified services of intermittent nursing care; (B) administration of medication; and (C) support services promoting residents' independence and self-sufficiency. Automatic Car Wash: A place for the cleaning or detailing of light duty motor vehicles (e.g. passenger cars, vans, and trucks). Automobile Service 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 tube and tire repair, battery charging, storage of merchandise, and tune-up of automobiles, but not including major auto repair. Automotive Salvage Yard (Automobile wrecking or Processing Yard): A lot or portion thereof used for the storage, dismantling, demolition, or abandonment of automobiles, other vehicles, other machinery, or parts thereof. Automotive Service: An establishment engaged in the sales, maintenance, or repair of new or used motor vehicles, mobile homes, recreational coaches, marine craft or recreational vehicles, or parts thereof. Repair can include services such as basic engine servicing, minor and major engine repair, auto body repair, tire replacement, etc. Examples may include uses such as dealerships, automobile service stations, parts stores, tire shops, mechanic shops, automatic car washes, etc. Excludes automotive salvage yards or the commercial sales of inoperable vehicles. 1-3- 7 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 100 feet between two points 100 feet apart measured on a horizontal plane is 100 percent slope. Basement: A story whose floor is more than 12 inches below the average level of the adjoining ground, but where no more than 2 of its floor-to-ceiling heights is below the average contact level of the adjoining ground. A basement shall be counted as a story for purposes of height measurement, and as a half-story for the purpose of side-yard determination. Beginning of Construction: The excavation or re-contouring of the site. Berm: A mound of earth, generally two to six feet high, used to shield, screen, and buffer undesirable views and to separate land uses. Bike Path (Bike Trail, Bike Lane): A right-of-way designed and constructed for use by bicycles and not intended for use by pedestrians or motor vehicles of any kind. A bike path may be located within or without a street right-of-way, at grade, or at grade separated from vehicular traffic. Bike lanes may also be included as a part of a street. Billboard: A freestanding ground sign located on industrial, commercial, or residential property if the sign is designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located. Block: Land surrounded by streets and other rights-of-way other than an alley, or land which is designated as a block on any recorded subdivision plat. Bed & Breakfast: A building, or any portion thereof, where, for compensation, meals and lodging are provided to the occupants; but excluding a dwelling unit with family occupancy. Body Art Facility: A facility where an individual practices or instructs any of the following as defined by Utah state code: body piercing; branding; permanent cosmetics; scarification; or tattooing. Buildable Area: The area on a lot or parcel bounded by front, rear, and side building lines where a main building may be constructed except that land with an average grade exceeding 30 percent shall not be considered geo-technically buildable. Building: A permanently located structure having a roof supported by columns or walls for the shelter, housing, or enclosure of any person, animal, article, or chattel. 1-3- 8 Building, Accessory: A detached subordinate building located on a lot or parcel with a main building the use of which is incidental to the use of the main building. Building Code: The construction codes adopted by the County. Building Facade: Any exterior wall of a building including windows, doors, and mansard, but not including a pitched roof. Building Frontage: The horizontal, linear dimension of that side of a non-residential building abutting a street, a parking area, a mall or other circulation area open to the general public and having a main window display of the enterprise or a public entrance to the building. Building or Structure Height: The height of a building or structure shall be as defined in the building code adopted by the County. If the building code does not apply, height means the vertical distance from the average finished grade to the highest point of a building or structure. Building Line, Front: A line parallel to the front lot line and at a distance therefrom equal to the required depth of the front yard and extending across the entire width of the lot or parcel. Building Line, Rear: A line parallel to the rear lot line and at a distance therefrom equal to the required depth of the rear yard and extending across the entire width of the lot or parcel. Building Line, Side: A line parallel to the side lot line and at a distance therefrom equal to the required depth of the side yard and extending between the front and rear building lines. Building, Main: The principal building or one (1) of the principal buildings located on a lot or parcel designed or used to accommodate the primary use to which the premises are devoted. Where a permissible use involves more than one (1) structure designed or used for the primary purpose, as in the case of apartment groups, each such permitted building on one (1) lot or parcel as defined by this Code shall be deemed a main building. Building Official: The person designated or appointed as the Building Official for Box Elder County by the County Commission. Building Public: A building owned and operated, or owned and intended to be operated by a public agency of the United States of America, of the State of Utah, or any of its political subdivisions. 1-3- 9 Business Equipment Rental, Services, and Supplies: An establishment primarily engaged in the display, storage, sale, rental or repair of equipment and supplies used by office, professional or business service establishments, or individuals. Excludes automotive, construction and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops and hotel equipment and supply firms. Campground: A public area designated by a public agency for camping, or a private area licensed by the County Commission for camping. Camping: A temporary establishment of living facilities such as tents or recreational coaches as regulated by this Code. Carport: A covered automobile parking space with at least two sides open. For the purposes of this Code a carport shall be subject to all of the regulations prescribed for a private residential garage. Carrier: A company or business which provides wireless telecommunication services as set forth in the Telecommunications Act of 1996, as amended. Cellar: A room or rooms having more than 50 percent of the floor to ceiling height under the average level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement. Cemetery: Land used or intended to be used for the burial of the dead, whether human or animal, including crematoriums and mausoleums. Chemical & Plastics Manufacturing: A facility that develops chemical and/or plastics products. Typical uses include agricultural chemicals, pharmaceutical products, miscellaneous plastic or resin products, paint, lacquer, or varnish products, soaps, detergents, or other cleaning chemicals, injection/blow molding facilities, etc. Chief Executive Officer: The person or body that exercises the executive powers of the county. Child Care Center: "Child care" mean s continuous care and supervision of five or more children through age 12 and children with disabilities through age 18, in lieu of care ordinarily provided by parents in their own home, for less than 24 hours a day, for direct or indirect compensation. Church or Place of Worship: Any structure or site such as a church, synagogue, chapel, sanctuary or cathedral, used primarily for collective or individual involvement with a religious 1-3- 10 activity, such as rites, rituals, ceremonies, prayers and discussions, and for church-related activities. Clear View Area: Areas at intersecting streets and driveways where unobstructed vision is maintained as required by this Code. Club or Service Organization: An establishment or organization providing meeting, recreational or social facilities for a private or nonprofit association, except a private club as defined herein. Typical uses include lodges, meeting halls, recreation centers, and areas operated by social clubs, fraternal and service organizations. Club, Private: Any nonprofit corporation operating as a social club, recreational, fraternal, or athletic association, or kindred association which allows the consumption of liquor on its premises pursuant to a license granted by the Utah Alcoholic Beverage Control Commission. The Code: The Box Elder County Land Use, Management & Development Code. Commercial Business: Any commerce endeavor to engage in the purchase, sale, lease or exchange of goods, and/or the provision of services. This includes the following specific uses: 1. General Retail: An establishment that provides products or services directly to a consumer, and where such products are available for immediate purchase and removal from the premises by the purchaser. 2. Professional Services: An administrative, professional, research, laboratory, or personal service. Communication Facility: Fixed equipment or structures used to transmit, receive, or relay electronic signals, data, voice, and images. Typical uses include cell towers, radio masts, satellite dishes, antenna arrays, and associated electronic equipment housing. Community Water System (CWS) means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. Compatible with Residential: Compatibility will be measured by whether or not the proposed development adversely impacts the quality of life in the area. Property values must be sustained or enhanced as opposed to diminishing values; the effects of ultimate traffic on streets will be considered rather than complaints that a new development will increase unwanted traffic; improvements in the infrastructure will be considered as to how and who pays for them; positive contributions to the financing of needed improvements will be weighed against the assessment on existing residential developments; proximity of possible impacts will be evaluated and non-directly impacted citizens will be considered in the group of the general citizenry. Also 1-3- 11 considered will be relief from the monotonous somewhat uniform subdividing of the countryside will be considered a positive factor if it provides an aesthetic relief. Conditional Use: A land use that, because of its unique characteristics or potential impact on Box Elder County, 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. A conditional use permit (CUP) is the permission granted by the County to use or access properties under special circumstances and with specific requirements and conditions attached. Conditional Use Development: A mobile home park, mobile home subdivision, Recreational Vehicle Park, landfill or land excavation which is required to obtain a conditional use permit. 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 created pursuant to the Utah Condominium Ownership Act ( UCA §57-8-1 et seq. as amended ). Condominium Declaration: See Declaration. Condominium Project: A real estate condominium project; a plan or project whereby two or more units, whether contained in existing or proposed apartments, commercial, or industrial buildings or structures or otherwise, are separately offered or proposed to be offered for sale. “Condominium Project” shall also mean the property when the context so requires. Construction: The materials, architecture, assembly, and installation of a building or structure. Construction Sales and Service: An establishment engaged in the retail or wholesale sale of materials and services used in the construction of buildings or other structures, as well as the outdoor storage of construction equipment or materials on a lot or parcel other than a construction site. Typical uses include lumber yards, home improvement centers, lawn and garden supply stores, construction equipment sales and rental, electrical, painting, plumbing, air conditioning and heating supply stores or services, swimming pool sales, construction and trade contractors' offices, etc. Convertible Land: A building site which is a portion of the common areas and facilities described by metes and bounds, within which additional units or limited common areas and facilities may be created pursuant to the Utah Condominium Ownership Act. Corral: A space, other than a building, less than one (1) acre in area or less than one (100) feet in width, used for the confinement of animals or fowl. 1-3- 12 County: The unincorporated area of Box Elder County. County Commission: The elected legislative body of Box Elder County. County Engineer: A registered civil engineer so appointed or employed by the County. Coverage, Lot: The percent of the lot area covered by the main and accessory buildings. Crosswalk or Walkway: A right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind; a crosswalk or walkway or pedestrian-way may be located within or without a street right-of-way, at grade, or grade-separated from vehicular traffic. Cul-De-Sac: A street which is designed to remain permanently closed at one end, with the closed end terminated by a vehicular turnaround. For purposes of this Code, the length of a cul-de-sac shall be measured from the centerline of the intersecting street along the centerline of the cul-de-sac, to a point to the center of the cul-de-sac. Culinary Water Authority: The department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. 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 Code. Cultural Service: A library, museum, art gallery, nature exhibition, or similar public or registered nonprofit organizational use displaying, preserving, and exhibiting objects of community and cultural interest in one (1) or more of the arts and sciences. Declaration: The legal instrument by which property is subjected to the provisions of the Utah Condominium Ownership Act, or a declaration of covenants, conditions, and restrictions. Dedication: The setting aside of land by an owner for any general and public uses, reserving for the owner no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property is devoted. Density: A measure of the number of dwelling units per acre of area. It shall be expressed dwelling units per acre (DU/acre). Unbuildable land is land with a slope greater than 20% or subject to inundation, or other geological hazards. 1-3- 13 Density, Base: The number of dwelling units per acre allowed in a planned development pursuant to the provisions of Chapter 4-3-1 of this Code. Density Bonus: The number of additional dwelling units per acre allowed in addition to base density in a planned development pursuant to the provisions of Chapter 4-3-1 of this Code. Density, Gross: The number of dwelling units per acre within a subdivision or other development based on the total tract area whether developable or not, including streets, water areas, and conservation lands. Density, Net: The number of dwelling units per acre within a subdivision or other development, not including streets and public property. Depth: The least horizontal distance between the front and rear lot lines and the building. 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 (Land): The conversion or alteration of use or physical characteristics of land; placing improvements on the land; or putting land to intensive use such as a subdivision, PUD, mobile home park, recreation vehicle park, shopping center, industrial park, excavation, etc. Development or Development Activity: A. any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities; B. any change in use of a building or structure that creates additional demand and need for public facilities; or C. any change in the use of land that creates additional demand and need for public facilities. Development Approval: Any written authorization from the County that permits the commencement of development activity. 1-3- 14 Direct illumination: Illumination resulting from light emitted directly from a lamp, luminary, or reflector and is not light diffused through translucent signs or reflected from other surfaces such as the ground or building faces. Disability: A physical or mental impairment which substantially limits one (1) or more of a person’s major life activities, including a person having a record of such an impairment, or being regarded as having such an impairment. “Disability” does not include current illegal use of, or addiction to, any federally controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802, or successor law. As used in this definition: A. “Physical or mental impairment” includes: 1. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one (1) or more of the following body systems: neurological; musculoskeletal; 2. Special sense organs; respiratory, including speech organs; 3. Cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or 4. Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism. B. “Major life activities” means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. C. “Has a record of such an impairment” means a person who has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one (1) or more major life activities. D. “Is regarded as having an impairment” means a person who: 1. Has a physical or mental impairment that does not substantially limit one (1) or more major life activities but that is treated by another person as constituting such a limitation; 1-3- 15 2. Has a physical or mental impairment that substantially limits one (1) or more major life activities only as a result of the attitudes of others toward such impairment; or 3. Has none of the impairments defined in paragraph (a) of this definition but is treated by another person as having such an impairment. District (also Zone or Zoning District): A portion of the territory of Box Elder County established as a zoning district by this Code, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Code. Driveway: A private roadway, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel on which the driveway is located. Duplex: See Dwelling, Two-Family. Dwelling: Any building, or portion thereof, has one (1) or more dwelling units occupied as, or designed or intended for occupancy as, a residence by one (1) or more families, but not including hotels, motels, boarding houses, or other facilities offering transient lodging facilities. Dwelling, Basement: A dwelling which is located below finished grade. Dwelling, Earth-Sheltered: An engineered dwelling unit located primarily underground for the purpose of energy conservation. Dwelling, Single Family: A building containing only 1 dwelling unit. Dwelling, Single-Family with Accessory Dwelling: A building having only one (1) dwelling unit and one (1) accessory dwelling unit. Dwelling, Two Family (Duplex): A building containing only two (2) dwelling units. Dwelling, Three Family (Triplex): A building containing only three (3) dwelling units. Dwelling, Four Family (Four-Plex): A building containing only four (4) dwelling units. Dwelling, Multiple Family: A building containing more than one (1) dwelling unit. Dwelling, Temporary: A trailer or structure used for temporary residential purposes solely by the property owner or builder during the construction of a permanent dwelling on a lot or parcel 1-3- 16 Dwelling Unit: One (1) or more rooms in a dwelling designed for or occupied as separate living quarters which provide sleeping and sanitary facilities and which includes one (1) but not more than one (1) kitchen or set of fixed cooking facilities, other than hot plates or other portable cooking units, all for exclusive use by a single family maintaining a household. Easement: A present or future right of use under, on, or above the surface of property by a person or agency other than the legal owner of the property. Educational Service: Any school district's building, any state approved building teaching any of grades K-12 (public or private), colleges and universities, trade schools, charter schools, etc. Elderly Person: 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. Environmental Impact Assessment: A. A report which describes, by means of written narrative as well as maps, a geographical area in terms of existing: 1. slope 2. soils 3. water courses 4. water table 5. flood hazard areas 6. geologic hazards 7. vegetative types 8. wildlife 9. wildlife habitat 10. essential urban services presently available B. An Environmental Impact Report : 1. A tabulation of proposed population density and the numbers and types of proposed dwellings and other buildings and spaces to be occupied at full development; 2. The report further describes by means of written narrative as well as maps the impact of the proposed development on the following specific subject areas once the anticipated population density is achieved within the area to be developed. a. water courses and flood hazards, b. natural vegetation, c. wildlife, d. erosion, 1-3- 17 e. topsoil loss, f. sedimentation of water courses and reservoirs, g. slope stability, h. dust, i. fire potential, j. accumulation of solid or liquid wastes, and k. the need and desire for urban services. 3. The report also evaluates the potential area-wide economic impact of the development on both private and public economic sectors and the potential impact on school, public utility, and transportation systems; and 4. Finally, the report recommends measures which, if undertaken, will mitigate or obviate the adverse impacts resulting from construction of the proposed development, and discusses the benefits to be gained from such development, and what adverse impacts cannot be avoided and the extent of their detrimental influence. Equestrian Facility: A place designed for housing, training, or competing with horses. Typical uses include horse boarding, riding academies, private or public stables, roping and riding arenas, etc. Essential Facility: Those facilities which are common to the community and essential for servicing the residents and businesses. Examples include utilities, utility maintenance shed, public utility substation, health and public safety facilities provided by a public utility or governmental agency for overhead, surface or underground services, but excluding any building, electrical sub-station, or transmission line of 50 kv or greater capacity. Excavation: Any disruption of the soil mantle and/or manmade 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 permit if such is required. External Illumination: Lighting which illuminates a building or structure from a remote position or from outside of the building or structure. Family: One individual, or two or more persons related by blood, marriage, or adoption, living together in a single dwelling unit and maintaining a common household. A family may include four, but not more than four, non-related persons living with the residing family. The term 1-3- 18 “family” shall not be construed to mean a group of non-related individuals, a fraternity, club or institutional group. Farmers Market: See Produce Stand Feed Yard: An agricultural industry in which animals or fowl are kept and intensively fed in relatively restricted area, as contrasted with open pasturage. Fence: A structure serving as an enclosure, barrier, or boundary, which defines an outdoor space. Fence, Open: A fence which permits vision through more than fifty percent (50%) of each square foot more than eight (8) inches above the ground. Fence, Sight-Obscuring: A fence which permits vision through not more than ten percent (10%) of each square foot more than eight (8) inches above the ground. Final Plat or Final Plan: The final drawing of a subdivision and dedication prepared for filing with the County Recorder which complies with applicable requirements set forth in this Code provisions adopted pursuant thereto. Financial Guarantee: A letter of credit, and escrow with a Utah Lending Financial Institution. The Financial Guarantee requires: 1. The establishment of a letter of credit or institution escrow for 120% of the County Engineer approved Cost Estimate of materials and labor for installing the required improvements. a. Upon completion and inspection of the required improvements, Box Elder County Commissioners will release the escrow amount. However, 20% of the original escrow must be retained for the warranty period, one (1) year for the improvements. Upon the expiration of the financial guarantee warranty period, and after a satisfactory inspection of all improvements, the remaining amount will be released by the county Commission upon recommendation of the County Engineer. Financial Guarantee Warranty: A promise that the materials and workmanship of improvements will comport with standards that the county has officially adopted; and will not fail in any material respect within a warranty period. Financial Service: An organization involved in deposit banking, finance, investment, mortgages, trusts, credit reporting, etc. Typical uses include commercial banks, credit unions, finance companies, savings institutions, etc. 1-3- 19 Fire authority: The department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property. Firefighting Facilities: Such water supply, water lines, fire hydrants and other protective devices as may be required in accordance with the provisions of this Code. Flag Lot : “Flag Lot” means a flag or L-shaped lot consisting of a staff portion contiguous with the flag portion, the staff portion having frontage on a dedicated street. A lot that has been approved by the County in conformity with Ordinance 249 amending provisions of the Box Elder Land Use and Development Code passed 2001. Flood Hazard: A hazard to land or improvements due to inundation or overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of water courses. Flood Plain: Land that is within the 100-year flood plain designated by the Federal Emergency Management Agency; or has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain designated by the Federal Emergency Management Agency. Floodplain Overlay Zone: Boundaries of the intermediate regional flood as defined by the Federal Insurance Administration maps. The floodplain zone is designed to overlay or be superimposed over existing zoning within the defined floodplain. Within such an overlay zone, the existing zone remains effective with the additional conditions superimposed by the floodplain zone. Flood Plain Soils : Areas subject to periodic flooding and listed in the soil survey prepared by the Soil Conservation Service which encompasses Box Elder County as being “on the flood plain” or subject to “flooding.” Flood Way: An area designated by the Planning Commission and County Commission as subject to periodic inundation. Floor Area. The sum of the areas of the several floors of the building or structure, including areas used for human occupancy or required for the conduct of the business or use, and basements, attics and penthouses, as measured from the exterior faces of the walls. It does not include cellars, solar green houses and/or other solar equipment appurtenant to a solar energy system, unenclosed porches, attics not used for human occupancy, nor any floor space in an 1-3- 20 accessory building, or in the main building intended or designed for the parking of motor vehicles in order to meet the parking requirements of this Code, or any such floor space intended and designed for accessory heating and ventilating equipment. Food Products Manufacturing: A facility that develops food products for wholesale distribution. Typical uses include baking products, beverages, canned goods (soups, vegetables, meats, etc.), confectionary products, dairy products, grain products, meat products, etc. Frontage: All property fronting on one (1) side of the 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. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts, or that common line between a lot and a public street. Street lines across which access is denied or cannot be had because of topography or for other reasons shall not constitute frontage for purposes of this Code. Frontage Lot. The lineal measurement of the front lot line. Full cutoff light fixture: Fixtures that are independently certified by the manufacturers, and do not allow light to be emitted above the fixture and the fixture reduces glare by limiting the light output to less than 10 percent at and below 10 degrees below the horizontal. 1-3- 21 Fully shielded light fixture: A light fixture that is shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. The term “full cutoff” is often substituted for the term “fully shielded.” The terms are not equivalent. Fully shielded luminaires emit no direct uplight, but have no limitation on the intensity in the region between 80 degrees and 90 degrees. Fundamental Fairness. Fundamental fairness means: A. in any land use proceeding, notice is provided as required by applicable law and fair procedure is applied to the proceeding; and B. in a legislative proceeding, a decision by the legislative body advances a legitimate public purpose and could advance the public welfare. Funeral Home/Mortuary: An establishment engaged in preparing human deceased for burial and conducting funerals. 1-3- 22 Furniture Products Manufacturing: A facility that manufactures furniture products for wholesale distribution. Typical uses include the manufacture of furniture, shelving units, lockers, office and store fixtures, containers, etc. General Construction Service: Any commercial service or installation within the construction industry but excluding the production of materials for construction purposes. These uses typically include, but are not limited to concrete, masonry, or stonework installation, roofing and sheet metal services and installation, water and well drilling services, the storing/staging of construction equipment, etc. General Plan: A document adopted by the County Commission that sets forth general guidelines for proposed future development of the unincorporated land within the County as set forth in this Code. General Retail: An establishment that provides products or services directly to a consumer, and where such products are available for immediate purchase and removal from the premises by the purchaser. These uses typically include, but are not limited to apparel stores, antique shops, art and hobby supply stores, bicycle shops, bookstores, clothing rental stores, department stores, discount stores, drugstores, electronic appliance stores, florists, food stores, furniture and appliance stores, gift and novelty shops, glass and mirror shops, hardware stores, jewelry stores, medical supply stores, music stores, optical retail sales, paint stores, pet and pet supply stores, photocopying and blueprinting shops, photography supply stores, record, sporting goods stores, toy stores and variety stores. 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, or shifting of the earth. Geologic hazards include but are not limited to: a surface fault rupture, shallow groundwater, liquefaction, landslide, debris flow, unstable soil, a rock fall, any other geologic condition that presents a risk, to life, of substantial loss of real property, of substantial damage to real property. Glare: The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility; blinding light. The magnitude of glare depends on such factors as the size, position, and brightness of the source, and on the brightness level to which the eyes are adapted. Grade (Lot Grade, Finished Grade): 1-3- 23 A. For buildings adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street. B. For buildings adjoining more than one street, the average of the elevations of the sidewalk at the centers of all walls adjoining the streets. C. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the centers of all exterior walls of the building. D. Any wall parallel or nearly parallel to and not more than five feet from a street line is to be considered as adjoining the street. Government Service (Public Building): Any building or facility used, owned or operated by a government entity which provides services for the public, excluding utilities and recreational services. Typical uses include administrative offices of government agencies, utility billing offices, federal postal services, etc. Gross Floor Area: The total floor area of a building expressed in square feet measured from centerline of joint partitions and exteriors of outside walls. Gross Leasable Area (G.L.A.): The total floor area of a building designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet measured from centerline of joint partitions and exteriors of outside walls. Height, Building or Structure: See Building or Structure Height. Height, Sign: See Sign Height. Home Occupation: An occupation of a person or family where they reside and which occupation is clearly incidental and secondary to the use of the structure for dwelling and residential purposes, and does not change the residential character of the dwelling or the neighborhood, and in connection with which there is no display and/or stock of merchandise. Hookup Fee: A fee for the installation and inspection of any pipe, line, meter, or appurtenance to connect to county water, sewer, storm water, power, or other utility system. Hospital: A facility that: A. Offers services more intensive than those required for room, board, personal services and general nursing care; 1-3- 24 B. Offers facilities and beds for use beyond 24 hours by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality, disease or pregnancy; or C. Regularly makes available at least clinical laboratory services, diagnostic X-ray services and treatment facilities for surgery or obstetrical care or other definitive medical treatment of similar extent. D. Hospitals may include accessory uses such as offices for medical and dental personnel and central service facilities such as pharmacies, medical laboratories, and other related uses. Household: A family living together in a single dwelling unit with common access to and common use of all living and eating areas and facilities for the preparation and serving of food within the dwelling unit. Household Pets: Animals or fowl ordinarily permitted in the house and kept for company or pleasure, which includes but is not limited to dogs, cats, rabbits, fowl and any other living animal considered to be a household pet; not to exceed a total of four (4) dogs or cats, four (4) rabbits, and six (6) fowl; the total number of pets shall not exceed ten (10). Household pets do not include any animals which are likely to inflict harm or endanger the health, safety, or welfare of any person or property. This definition shall not include a sufficient number of dogs or cats as to constitute a kennel as defined in this Code. Identical Plan: B uilding plans submitted to a county that are substantially identical building plans that were previously submitted and reviewed and approved by Box Elder County and describe a building that is: A. located on land zoned the same as the land on which the building described in the previously approved plans is located; and B. subject to the same geological and meteorological conditions and the same law as the building described in the previously approved plans. Illegal Use: A use that is not allowed where located as an accessory use, conditional use, permitted use, or nonconforming use. Impact fee: A payment of money imposed under Title 11, Chapter 36, Impact Fees Act. 1-3- 25 Impervious Surface: Impervious surfaces are those that do not absorb precipitation (water) and thus cause ponding and/or runoff. 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 Box Elder County’s Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces. Impervious Surface Ratio: A measure of the intensity of land use. It is determined by dividing the total area of all impervious surfaces within the site by the Base Site Area. Impound/Security Lot: A security lot fenced with or without guard dog and illuminated, where police or privately impounded vehicles may be kept for legal evidence or other purposes or while awaiting repairs. Normally where damaged vehicles are taken after an accident. 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 such other facilities or construction required by this Code or by the Planning Commission and/or County Commission for the necessary proper development of the proposed land development. Improvements Agreement: An agreement between Box Elder County and a developer, wherein the developer agrees to install improvements required by this Code, subdivision regulations, or by the Planning Commission and/or County Commission for the necessary proper development of the proposed land development. Incompatible Use: A use of land which is different in activity, intensity, or utilization which is or will be in conflict with a use on an adjoining lot or parcel. Indoor Entertainment & Recreation: The use of an enclosed building or structure for entertainment, leisure, amusement, or social activities that are conducted primarily indoors and are open to the public or members. Typical uses include restaurants, theaters, private clubs, gyms and athletic clubs, bars, etc. This use does not include reception centers or adult/sexually oriented facilities and businesses. Installed: A light fixture attached or fixed in place, whether or not connected to a power source, of any outdoor light fixture. 1-3- 26 Interstate Pipeline Company: A person or entity engaged in natural gas transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act, 15 U.S.C Sec 717 et. seq. Intrastate pipeline company: A person or entity engaged in natural gas transportation that is not subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq. Junk: Any salvaged, discarded, or scrapped copper, brass, iron, steel, metal, rope, rags, batteries, paper trash, plastic, rubber, tires, waste, or other articles or materials commonly designated as junk; or dismantled, wrecked or inoperable motor vehicles or parts thereof. Junk Yard: The use of any lot, portion of a lot, or tract of land for the storage, keeping or abandonment of junk or discarded or salvaged material, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of automobiles or other vehicles, or machinery or parts thereof, provided that this definition shall be deemed not to include such uses which are clearly accessory and incidental to any agricultural use permitted in the zone. Kiosk: A small structure, typically located within a pedestrian walkway or similar circulation area, intended for uses as a small shop, or for use as a display space for posters, notices and exhibits. Kitchen: An area within a dwelling which contains a sink, fixed cooking appliances, and refrigeration facilities. Land in agricultural use: A. land devoted to the raising of useful plants and animals with a reasonable expectation of profit, including: 1. forages and sod crops; 2. grains and feed crops; 3. livestock defined as: a. a domestic animal; b. a fish; c. a fur-bearing animal; d. a honeybee; or e. poultry; 4. trees and fruits; or 5. vegetables, nursery, floral, and ornamental stock; or 1-3- 27 B. land devoted to and meeting the requirements and qualifications for payments or other compensation under a crop-land retirement program with an agency of the state or federal government. Land, Agricultural: Land used for bona fide agricultural purposes, or which is projected for agricultural use by the General Plan or the Land Use, Development, and Management Code adopted by Box Elder County, but not including legally existing nonconforming uses located in areas so projected. Land, Commercial: Land used for bona fide commercial purposes, or which is projected for commercial use by the General Plan or the Land Use, Development & Management Code adopted by Box Elder County, except legally existing non conforming uses in areas designated commercial in such ordinance. Land, Industrial: Land used for bona fide industrial purposes or which is projected for industrial use by the General Plan or the Land Use, Development & Management Code adopted by Box Elder County, except legally existing nonconforming uses in areas designated industrial in such ordinance. Land Development Standards: Adopted construction standards, including but not limited to: drawings, tables, charts and references which have been adopted by the County Commission by resolution and which set standards for the construction of improvements to land and which regulate said construction of improvements to land. Landscaping (Landscape): The planting, paving and dressing of finished graded earth (dirt) including retaining walls, trees, ground cover, perennial plants and annual plants. etc., and together with an (automatic) irrigation system to maintain the plants alive and flourishing for the length of time the plantings are to be maintained if not in perpetuity. Land Use: The manner in which land is occupied or utilized. Land Use Applicant: A property owner, or the property owner’s designee, who submits a land use application regarding the property owner’s land. Land Use Application: An application required by Box Elder County and submitted by a land use applicant to obtain a land use decision and does not mean an application to enact, amend, or repeal a land use regulation. Land Use Authority: A person, hearing officer, commission, agency, or other body designated by the local legislative body to act upon a land use application. 1-3- 28 Land Use Decision: A final action of a land use authority or appeal authority regarding a land use permit, a land use application, or the enforcement of a land use regulation, land use permit, or development agreement. Land Use Permit: A permit issued by a land use authority. Land Use Regulation: An ordinance, law, code, map, resolution, specification, fee, or rule that governs the use or development of land and does not include a general plan, a land use decision of the legislative body acting as the land use authority, even if the decision is expressed in a resolution or ordinance, or a temporary revision to an engineering specification that does not materially increase a land use applicant’s cost of development compared to the existing specification or impact a land use applicant’s use of land. Legislative Application: An application for enacting, amending, or repealing a land use regulation. Legislative Body: The Box Elder County Commission. Light pollution: Any adverse effect of manmade light. Light trespass: Light spill falling over property lines that illuminates adjacent grounds or buildings in an objectionable manner. Living Space: The area calculated from the horizontal exterior dimensions of all levels excluding porches, garages, patios, decks and unoccupied structures. Lot: A unit of land shown as a lot or parcel on a subdivision plat map, a condominium record survey map, or other record of survey map provided it is created pursuant to this Code. Lot Area: The area contained within the property lines of the individual parcels of land shown on a subdivision plat or required by this Code, excluding any area within an existing street right-of-way, or any area required as open space under this Code, and including the area of any easements. Lot, Corner: A lot abutting upon 2 or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. 1-3- 29 Lot, Flag: “Flag Lot” means a flag or L-shaped lot consisting of a staff portion contiguous with the flag portion, the staff portion having frontage on a dedicated street. A lot that has been approved by the County in conformity with Ordinance 249 amending provisions of the Box Elder Land Use and Development Code passed 2001. Lot, Interior: A lot other than a corner lot. Lot, Legal Non-Conforming: A lot or parcel which was legally created prior to the adoption of this Code. Lot Depth: The horizontal distance between the front and the rear lot lines measured in the main direction of the side lot lines. Lot Frontage: The distance, measured along the front lot line, that a lot or parcel adjoins a street. Lot Held in One Ownership: Shall mean all contiguous land held in one ownership at the time of the passage of this Code or at any time hereafter, whether or not such land has been or is described separately, has separate chains of Code, is described on one or more than one property tax notice, or is otherwise divided on paper. Lot line adjustment: T he relocation of the property boundary line in a subdivision between two adjoining lots with the consent of the owners of record. Lot Lines: The property lines bounding the lot. Lot Line, Front: For an interior lot, the lot line adjoining the street; for a corner lot or through lot, each lot line adjoining a street. 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 10 feet in length within the parcel parallel to and at a maximum distance from the front lot line. In cases where this definition is ambiguous, the Land Use 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.)