1-3-040 Definitions (part 2 of 3)

Lot, Restricted: A lot having an average slope of 20 percent or more; a lot which does not contain at least 75 feet by 100 feet, or the minimum size of a lot permitted in the zoning district where located, with an average slope of less than 20 percent; and/or a lot which has vehicular 1-3- 30 ingress to the main building or structure which, upon completion of construction on the site, has a slope of 20 percent or greater; or a lot subject to geologic hazards. Lot Right-Of-Way: A strip of land not less than sixteen (16) feet in width connecting a lot to a street for use as private access to that lot. Lot, Unrestricted: A. A lot having an average slope of less than 20 percent and containing a buildable area of at least 75 feet by 100 feet, or B. the minimum size of a lot permitted in the zoning district in which it is located, with an average slope of less than 20 percent, or C. as a buildable area designated as such on the subdivision plat in which the lot is located, if the average slope of the lot is greater than 20 percent. Lot Width: The horizontal distance between the side lot lines, measured at the required front yard setback line or rear yard setback line, whichever is shorter. Lot, Nonconforming: A lot or parcel that: A. Legally existed before its current zoning designation; and B. Has been shown continuously on the records of the Box Elder County Recorder as an independent parcel since the time the zoning regulation governing the lot or parcel changed; and C. Because of subsequent zoning changes does not conform to the lot size or other dimensional or property development standards applicable in the zone where the lot or parcel is located. Lumen: A unit used to measure the actual amount of visible light which is produced by a lamp as specified by the manufacturer. Luminary: the complete lighting assembly, less the support assembly. Machine Products Manufacturing: A facility that manufactures machinery or equipment for wholesale distribution. Typical uses include electrical machinery and equipment or supplies, 1-3- 31 laboratory or research instruments and associated equipment, measuring instruments, transportation equipment, etc. Main Use or Building: The primary purpose for which a lot, parcel, or structure is designed, arranged or intended, or for which it is occupied or maintained as allowed by the provisions of this Code. Manufactured Home: A transportable factory-built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one (1) or more sections, which: A. In the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is four hundred (400) or more square feet; B. Is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities; C. Includes plumbing, heating, air-conditioning, and electrical systems; and D. Is identified by the manufacturer’s data plate bearing the date the unit was manufactured and a HUD label attached to the exterior of the home certifying the home was manufactured to HUD standards. Market Analysis: An economic analysis of the feasibility of a project. Master Street Plan: See Official Street Map Medical Service: An establishment providing therapeutic, preventive, or corrective personal treatment services on an outpatient basis by physicians, dentists, and other practitioners of the medical or healing arts, as well as the provision of medical testing and analysis services. Typical uses include medical and dental offices and clinics, blood banks and medical or dental laboratories, funeral and crematory services. The establishment may include a dental and/or medical laboratory and pharmacy, but it shall not include in-patient care or operating rooms for major surgery. Metallic Products Manufacturing: A facility that involves fabricating, forming, shaping, and assembling ferrous and nonferrous metal materials into intermediate or finished products. Typical uses include blast furnaces, steel works, iron and steel foundries and manufacturing, nonferrous foundries, smelters and refineries of nonferrous metals, etc. 1-3- 32 Mineral Extraction: Removal of sand, gravel, dirt, or other materials by grading or excavating. Mobile Home: A detached single-family dwelling of not less than 30 feet in length, designed for long-term occupancy, and to be transported on its own wheels or on flatbed or other trailers or detachable wheels; and which has not been demonstrated to conform to the Building Code for other residences adopted by Box Elder County. In determining if such a dwelling is designed for long-term occupancy, the following criteria shall be used: such a dwelling contains a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections provided for attachment to appropriate external systems, and ready for occupancy except for connections to utilities and other minor work. Mobile Home Lot: A space designed and approved by Box Elder County for occupancy by mobile homes, and meeting all requirements of this Code. Mobile Home Park: A parcel of land that has been planned and improved for the placement of mobile homes for non-transient use and consisting of two or more mobile home spaces, where the entire project is to be under single ownership or management and meets all of the requirements of this Code for mobile home parks. Mobile Home Space: A space within a mobile home park designed and to be used for the accommodation of 1 mobile home. Mobile Home Stand: That part of the mobile home space which has been reserved for the placement of the mobile home and its appurtenant structures or additions. Moderate income housing: Housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. Moderate Income Housing Plan: A written document conforming to the requirements of Utah Code Ann., § 17-27a-403 (2), as amended. Modular Unit: A structure built from sections manufactured in accordance with the construction standards adopted pursuant to Utah Code Ann., § 58-56-4, as amended, transported to a building site, the purpose of which is for human habitation, occupancy or use. Said modular home is classed as a mobile home until it is placed on a permanent foundation and complies with all governing building codes. Motion sensing security lighting: Any fixture designed, and properly adjusted, to illuminate an area around a residence or other building by means of switching on a lamp when motion is 1-3- 33 detected inside the area or perimeter, and switching the lamp off when the detected motion ceases. Municipality: A city or town. Natural Features: Non-man-made land characteristics, including drainage swales, wetlands, rock outcroppings, streams, and concentrated native stands of large shrubs or trees. Natural State: Land which has not been subjected to grading, removal of vegetation or building development. Natural Retention Area: An area of poorly drained soils which lies along stream channels or swales or is adjacent to flood plain soils, which is subject to periodic flooding. Natural Waterways: Those areas, varying in width, along streams, creeks, gullies, springs, or washes which are natural drainage channels. Net acreage: The remaining ground area of a parcel after deleting all portions for proposed and existing public rights-of-way and undeveloped area. Noncomplying Structure: A structure that: A. legally existed before its current land use designation; and B. because of one or more subsequent land use ordinance changes, the structure does not conform to the setback, height restrictions, or other regulations excluding those regulations that govern the use of land. Nonconforming Use: A use of land that: A. legally existed before its current land use designations; B. has been maintained continuously since the time the land use ordinance governing the land changed; and C. because of one or more subsequent land use ordinance changes, does not conform to the ordinances that now govern the land. 1-3- 34 Nonessential commercial exterior lighting: Any parking lot lighting, display lighting, exterior building lighting, directional lighting or landscape lighting that is primarily for aesthetic or advertising purposes and does not directly contribute to the safety or security of the premises. Non-Metallic Products Manufacturing: A facility that processes quarried or mined raw materials—such as sand, gravel, stone, and clay—into intermediate or finished products. Typical uses include abrasives, non-metallic mineral products, cements, concrete gypsum and plaster products, glass and glassware, structural clay products, etc. Non-Transient Non-Community Water System (NTNCWS) means a public water system that regularly serves at least 25 of the same nonresident persons per day for more than six months per year. Examples of such systems are those serving the same individuals (industrial workers, school children, church members) by means of a separate system. Off-Site Facilities: Improvements not on individual lots, but generally within right-of-way and the boundaries of the development which they serve, and as further outlined in this Code. Off-Street Parking Space: The space required to park one (1) passenger vehicle, which space shall meet the requirements of this Code. Official Map: A map drawn by Box Elder County and recorded in the County Recorder’s Office that: A. shows actual and proposed rights-of-way, centerline alignments, and setback for highways and other transportation facilities; B. provides a basis for restricting development in designated rights of way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and C. has been adopted as an element of the Box Elder County General Plan. On-Site Facilities: Construction or placement of the main building, and its appurtenant improvements on a lot. Open Space: Land used for recreation, agriculture, resource protection, amenity, or buffers; is freely accessible to all residents of the development, except in the case of agricultural lands where access may be restricted; and is protected by the provisions of this Code to ensure that it remains in such uses. Open spaces does not include land occupied by non-recreational buildings, roads, or road right-of-ways; nor does it include the yards or lots of single- or multiple-family 1-3- 35 dwelling units or parking areas as required by the provisions of this Code. Open space should be left in a natural state, except in the case of recreation uses which may contain impervious surfaces. Such impervious surfaces shall be included in the calculation of the impervious surface ratio. Open Space Ratio: A measure of the intensity of land use. It is arrived at by dividing total amount of open space within the site by the Base Site Area. Open Space, Usable: Usable open space shall be any portion of a lot or building which meets all the following conditions: A. The open space shall be open to the sky or shall be open to view on at least two sides. B. The space shall be readily accessible by foot traffic from the dwelling unit to which it is accessory. C. If the space is provided on a balcony, roof, or other facility above grade, it shall have such protective devices as are deemed necessary by the Land Use Administrator to assure reasonably safe usage by children and adults. D. The space shall not be provided from any required front or side yard, parking area, or driveway space. Operations Center: A maintenance, repair, or service facility operated by a local, state, or federal government agency. Other Nonconformity: A situation other than a nonconforming lot, noncomplying structure, or use that: A. Legally existed before the current zoning designation of the lot or parcel where the nonconformity is located; and B. Because of subsequent zoning changes, does not conform with applicable requirements of this Code. Outdoor Entertainment & Recreation: The use of land for entertainment, leisure, amusement, or social activities that are conducted primarily outdoors and are open to the public or members. Typical uses include sport fields and facilities, parks (leisure and ornamental), public outdoor swimming pools, commercial campgrounds, etc. Accessory uses/buildings customarily incidental to the primary outdoor entertainment or recreational activity—such as food and beverage service, 1-3- 36 ticket sales, retail merchandise, restrooms, etc.—are permitted provided they are incidental to the primary use. Outdoor light fixture: An outdoor illuminating device, outdoor lighting or reflective surface, lamp or similar device, permanently installed or portable, used for illumination, decoration, or advertisement. Outdoor Storage Facility: Third party storage of items such as boats, automobiles, recreational vehicles, trailers, and other similar items outside of a completely enclosed building. The area must be kept clean, organized, and weed free. The surface must be asphalt or treated road base to eliminate dust. The site must be surrounded by screening no less than six feet in height. Does not include automotive salvage yard use. Owner: Any person who alone, jointly or severally with others, or in a representative capacity (including without limitation, an authorized agent, executor or trustee) has legal or equitable title to any property. Parcel: A contiguous quantity of real property defined by metes and bounds which has a separate property identification number according to the records of the County Recorder and is not shown on a recorded final subdivision plat. Park Strip: The area located between a street right-of-way line and the edge of asphalt or curb, but not including driveways, sidewalks, or trails. Parking Facility (Parking Lots, Parking Structures): An open area other than a street, alley, or driveway, used for parking of more than four (4) automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers. Parking Space: An area designated within a building, parking lot, or other parking area for the parking or storage of one (1) motor vehicle. Parking, Tandem: A parking space which abuts a driveway or parking aisle and is used to access one (1) other parking space. Passive Solar System: A direct thermal system which utilizes the structure of a building and its operable components to provide for collection, storage and distribution of heating or cooling during the appropriate times of the year, by utilizing the climate resources available at the site. It includes those portions and components of a building that are expressly designed and required for the collection, storage, and distribution of solar and the architectural and engineering design or system simulation necessary to balance or optimize passive components. 1-3- 37 Pedestrian-Way (Walkway or Crosswalk): A right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind; a pedestrian-way may be located within or without a street right-of-way, at grade, or grade-separated from vehicular traffic. Permanent Monument: Any structure of concrete, masonry and/or metal permanently placed on or in the ground, including those expressly placed for surveying reference, which meets the requirements of Box Elder County for permanent monuments. Perimeter Building Pad: A separate building location (usually along the street frontage) developed or designated in connection with a larger commercial site. Permitted Use: A main use of a building or land allowed in one (1) or more of the respective zones set forth in this Code which does not require Planning Commission approval, subject to compliance with applicable provisions of this Code. Person: An individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. Personal Care Provider: A person who resides in the same dwelling unit as a family and who, with or without payment, provides daily physical, medical, or other assistance to another person on an on-going basis. Personal Care Service: An establishment primarily engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops, custom tailoring and seamstress shops, electrolysis studios, portrait studios, shoe repair shops, tailors, tanning and nail salons, and weight loss centers. Personal Instruction Service: An establishment primarily engaged in the provision of informational, instructional, personal improvements and similar services of a nonprofessional nature. Typical uses include art and music schools, driving and computer instruction, gymnastic and dance studios, handicraft or hobby instruction, health and fitness studios, and massage therapist instruction. Personal Storage Facility : Third party storage of items such as household goods, furniture, business inventory, vehicles, etc. within an enclosed building facility or unit that allows renters to access at their convenience. 1-3- 38 Petroleum Products Manufacturing: A facility that processes crude petroleum and coal into usable products. Typical uses include paving and roofing materials, tires and inner tubes, gasoline, diesel, lubricants, rubber foot ware, etc. Plan for Moderate Income Housing: A written document adopted by Box Elder County that includes: A. An estimate of the existing supply of moderate income housing located within the county; B. An estimate of the need for moderate income housing in the county for the next five years as revised biennially; C. A survey of total residential land use; D. An evaluation of how existing land uses and zones affect opportunities for moderate income housing; and E. A description of the county's program to encourage an adequate supply of moderate income housing. Planned Center: A development comprised of mixed uses where landscaping, parking and other improvements are provided in a comprehensive and integrated fashion pursuant to a conditional use permit. Planning Commission: The Planning Commission of Box Elder County. Plat: A map or other graphical representation of lands being laid out and prepared in accordance with §17-27a-603, 17-23-17, or 57-8-13 of the Utah Code Annotated, as amended , and the provisions of this Code. Plot Plan: A schematic scaled drawing of a building lot or parcel, or a development which: A. Is less detailed than a site plan; and B. Indicates, as may be required by this Code, the placement and location of yards, property lines, adjacent parcels, utilities, topography, waterways, irrigation, drainage, landscaping, parking areas, driveways, buildings, trash containers, open storage, streets, sidewalks, 1-3- 39 curbs, gutters, signs, lighting, fences and other features of existing or proposed construction or land use. Potential geologic hazard area: An area that: A. Is designated by a Utah Geological Survey map, county geologist map, or other relevant map or report as needing further study to determine the area's potential for geologic hazard; B. Or has not been studied by the Utah Geological Survey or a county geologist but presents the potential of geologic hazard because the area has characteristics similar to those of a designated geologic hazard area. Power Safety Cover: A swimming pool cover that is placed over the water area and is opened and closed with a motorized mechanism activated by a control switch. Precision Instruments & Jewelry Manufacturing: A facility that manufactures small, precision instruments and devices. Typical uses include jewelry, novelties, buttons, silverware, musical instruments, ophthalmic goods, optical instruments and lenses, pens, pencils, photographic equipment, surgical, medical and/or dental instruments and supplies, toys, sporting/athletic goods, watches, clocks, etc. Prime Agricultural Soils: Areas of soils most suited for agriculture, those in capability units I, II, or III, as indicated in the soil survey prepared by the Soil Conservation Service which encompasses Box Elder County. Principal Use: Any use which is named and listed in the use regulations and other provisions of this Code, except those uses specifically designated as accessory uses; any use which is or may be conducted on a lot independently or any other use on the lot and not incidental or accessory to any other use on the lot; any use which establishes the primary activity on a lot. Private Non-Profit Recreational Grounds and Facilities: Non-profit recreational grounds and facilities operated by a non-profit corporation, association, or group. Produce Stand (Fruit Stands): A booth, stall or other area where produce is sold to the general public. Professional Offices: A building where the business of a commercial organization or professional person is conducted. Limited to normal office activities. Not including accessory functions of the business. 1-3- 40 Professional Service: An administrative, professional, research, laboratory, or personal service. These uses typically include, but are not limited to accounting services, administrative buildings, animal clinics, architectural firms, business equipment services and supplies, educational administrative buildings, employment services, engineering firms, financial services, law firms, medical services, real estate and development services, etc . Merchandise or merchandising services must not be sold on the premises except such as incidental or accessory to the principal use. Professional Team, Qualified: An individual or group of individuals qualified by virtue of training, experience, state licensing where appropriate and membership in professional associations which pass upon qualifications prior to admittance to membership. A determination of whether or not a team is qualified, in the sense explained above, shall be made solely by the Planning Commission. Protection Strip: A strip of land between the boundary of a land development and a street within the land development, for the purpose of controlling the access to the street by property owners abutting the land development. Public: Land or other property that which is under the ownership or control of the United States Government, Utah State or any subdivision thereof, Box Elder County, or the County (or any departments or agencies thereof). Public Agency: Is the federal government, the state, a county, municipality, school district, local district, special service district, or other political subdivision of the state; or a charter school. Public Entrance: An entrance to a building or premises customarily used or intended for use by the general public but excluding fire exits, special employee entrances, and loading dock entrances not generally used by the public. Public Facilities and Public Service Facilities: For the public convenience, certain infrastructure including streets, water lines, sewer lines, public utilities, and drainage facilities may be allowed to serve various areas of the community, as public facilities. Possible additional facilities such as a sub-station for fire and/or police, post office and/or hospital may be determined to be in the public interest as well, as public service facilities by Box Elder County. Public Hearing: A hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. Public Meeting: A meeting that is required to be open to the public under Open and Public Meetings Act (Utah Code Annotated 52-4-101 et. seq. as amended ) . 1-3- 41 Public Water System (PWS) means a system, either publicly or privately owned, providing water through constructed conveyances for human consumption and other domestic uses, which has at least 15 service connections or serves an average of at least 25 individuals daily at least 60 days out of the year and includes collection, treatment, storage, or distribution facilities under the control of the operator and used primarily in connection with the system, or collection, pretreatment or storage facilities used primarily in connection with the system but not under his control (see 19-4-102 of the Utah Code Annotated). All public water systems are further categorized into three different types, community (CWS), non-transient non-community (NTNCWS), and transient non-community (TNCWS). These categories are important with respect to required monitoring and water quality testing found in R309-205 and R309-210 (see also definition of "water system"). Quasi-Public: A seemingly public institution, entity or organization that is not actually public because of an independent or private control over it. Race Track: An outdoor track or course for motor vehicle competition, with spectators. Accessory uses/buildings customarily incidental to the primary use—such as food and beverage service, ticket sales, retail merchandise, restrooms, etc.—are permitted provided they are incidental to the primary use. Reasonable Accommodation: A change in a rule, policy, practice, or service necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. As used in this definition: A. “Reasonable” means a requested accommodation will not undermine the legitimate purposes of existing zoning regulations notwithstanding the benefit that the accommodation would provide to a person with a disability. B. “Necessary” means the applicant must show that, but for the accommodation, one (1) or more persons with a disability likely will be denied an equal opportunity to enjoy housing of their choice. C. “Equal opportunity” means achieving equal results as between a person with a disability and a non-disabled person. Reception Center: A building for a formal social occasion held to welcome someone or to celebrate a particular event. 1-3- 42 Record of Survey Map: A map of a survey of land prepared in accordance with Utah Code Annotated , §17-23-17, as amended. Recreation Dwelling (cabin, recreation cabin): A dwelling designed for limited rather than primary occupancy and generally located adjacent to or with easy access to recreational areas. The primary purpose for the construction of such a dwelling is to provide shelter during those limited periods of time when recreation is sought in the adjacent areas. Recreational Use: The use of land or facilities for leisure, outdoor enjoyment, or relaxation activities conducted for personal or group pleasure rather than for profit. This includes both developed and undeveloped recreational activities such as camping, picnicking, hiking, fishing, hunting, boating, horseback riding, off-highway vehicle use, etc. Recreational Vehicle (Recreational Coach): A vehicle, with or without motive power, designed and constructed to travel on public streets, and designed for use as a human habitation of a temporary and recreational nature. Recreational Vehicle Park (Travel trailer park): Any area or tract of land or a separately designated section within a mobile home park where lots are rented or held out for rent to one or more owners or users of recreational vehicles for a temporary time not to exceed thirty (30) consecutive days. Recreational Vehicle Space: A plot of ground within a recreational vehicle park designated and intended for the accommodation of one (1) recreational vehicle. Renewable Energy: That form of energy whose supply is natural, inexhaustible and not dependent upon fossil fuel supplies. Examples include residential solar heat, wind power, geothermal power and many other supply sources. Residence: A dwelling unit where an individual is actually living at a given point in time and intends to remain, and not a place of temporary sojourn or transient visit. Residential Facility for Persons with a Disability: A residence in which more than one person with a disability resides and which is licensed or certified by the Department of Health and Human Services under: A. Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or B. Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection. 1-3- 43 Residual Land: That land which does not meet the minimum standards for a lot and therefore must be attached and become part of another parcel which does or will conform to lot minimum standards, or be attached to public land for public purposes. Retail Nursery: An establishment or premises where nursery products such as flower, shrubs, and trees, intended for ornamental or landscaping purposes are sold at retail to the general public from covered or open air areas on a temporary or seasonal basis. Right-of-Way: That portion of land dedicated to public use for street and/or utility purposes or maintained in private use for similar purposes. Roadway Width: For a street with battered or roll curb to back of curb, otherwise the width of the actual paved surface. Roof Line: The highest point on any building where an exterior wall encloses usable floor space (including roof areas for housing mechanical equipment) and the highest point on any parapet wall if the parapet wall extends around the entire perimeter of the building. Sanitary Sewer Authority: The department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. School, Private: A school which is operated by a quasi-public or private group, individual, or organization, for profit or non-profit and which has a curriculum similar to that provided in any public school whether or not a complete educational curriculum. School, Public: A school operated by a public school district or other public agency in the State of Utah. Seasonal decorations: Strings of holiday lights, uplighting or internally lit inflatable or plastic decorations, or other lighting of holiday or seasonal decorations. Security lighting: Lighting designed to illuminate a property or grounds for the purpose of visual security. Security Surveillance: When security is a paramount concern to a project, it may require continuous and comprehensive surveillance of the private streets if access is only through a guarded gate. Under these circumstances it is in the interests of the public to vary requirements sufficient to permit total control of a manager. 1-3- 44 Sensitive Land: Any land area whose destruction or disturbance could affect the health, safety, or welfare of County residents, including wetlands, steep slopes, flood plains, and unstable soils. Setback: The distance on a lot or parcel between a building line and a property or designated right-of-way line as shown on the Box Elder County Official Map. Sign: Any object, device, display, or structure, or a part thereof, which uses words, letters, figures, designs, symbols, fixtures, colors, illumination, or a projected image to visually convey a commercial and/or noncommercial message for the purpose of identifying, directing, attracting attention, or making known the subject thereof, but not including the lawful display of merchandise. Sign Alteration: Changing or rearranging any structural part, sign face, enclosure, lighting, coloring, copy (except on Changeable Copy Signs), graphics, component, or location of a sign. Sign, Animated: A sign with parts or sections which revolve or move or which has flashing or intermittent lights, but not including electronic message signs. Sign Area: The portion of a sign used for display purposes as provided in 6-3-1 of this Code. Sign, Awning: A sign which is integral with or placed on a translucent awning or other “fabric” covering a framework and which is backlit. Sign, Banner: A sign made of fabric, plastic, or other light pliable material. Sign, Billboard: A freestanding sign that identifies or communicates a commercial or noncommercial message regarding an activity, service, product, or matter that is not conducted on or related to the lot or parcel where the sign is located. Sign, Canopy: A sign which is mounted on and supported by a canopy and may be found either above the canopy or hanging beneath the canopy, but in all cases mounted perpendicular to the building. Sign, Changeable Copy: A sign on which text or copy is changed manually or electronically, but not including poster panels or painted bulletins. Sign Clearance: The height of the lower edge of the face of a sign from the finished grade. Sign, Conforming: A sign which meets all provisions of this Code. 1-3- 45 Sign, Electronic Message: A display consisting of an array of light sources, panels or disks which are electronically activated. Sign, Face: The surface of a sign upon, against or through which a message is displayed or illustrated. Sign, Flashing: A sign which contains or is illuminated by lights which are intermittently cut on or off, change intensity or otherwise create the illusion of flashing or movement. Sign, Free-standing: A sign which is supported by one or more upright columns, poles, or braces, in or upon the ground. Sign Height: The vertical distance measured from the elevation of the nearest top back of curb, or, if there is not curb within twenty-five (25) feet, from the lowest point of the finished grade on the lot or parcel on which a sign is located and within twenty-five (25) feet of the sign, to the uppermost point on the sign or the sign structure. In the case of a roof sign, the maximum height shall be measured from the roof line or the parapet level, if applicable, at the location of such sign. Sign, Identification and Information: A sign displayed to indicate the name or nature of a building, or of a use. Sign, Illuminated or Lighted: A sign equipped with artificial lighting devices for the purpose of improving the sign’s visibility. This definition shall include internally and externally lighted signs. Sign, Low-Profile: A sign mounted directly, or in close proximity, to the ground, and not over six (6) feet in height from the top of any required landscaped berm to the top of the sign cabinet which is incorporated into some form of landscaping design scheme, planter box, or berm. Sign Maintenance: The replacing, repairing, or repainting of portion of a sign structure, periodic changing of bulletin board panels, or renewing of copy that has been made unusable by ordinary wear and tear, weather or accident. Sign, Marquee: Any sign attached to or made an integral part of a marquee. Sign, Movable: A sign, with or without changeable copy, intended for temporary use which is not permanently affixed to the ground or a structure such as an A-frame, poster, banner, or similar sign. 1-3- 46 Sign, Nonconforming: A sign or sign structure which lawfully existed at the time an applicable zoning or other ordinance became effective, but which does not presently conform to all the requirements of this Code. Sign, Off-Premise: Any sign, including a billboard or general outdoor advertising device, that advertises or directs attention to a business, commodity, service, activity, or matter conducted, sold, or offered elsewhere than on the same lot or parcel upon which such sign is located. Sign, On-premise: A sign which advertises products or services available on the premises where the sign is located. Sign Ordinance: Chapter 5-3-1 of the Box Elder County Land Use Development and Management Code. Sign, Pole: See Sign, Freestanding. Sign, Poster: A temporary paper sign. Sign, Projecting Wall: A sign which is affixed to an exterior wall or building or structure and which projects more than 18 inches from the building or structure wall, and which does not extend above the parapet, eaves, or building facade of the building upon which it is placed. Sign, Promotional: Temporary devices such as banners, streamers, flags, balloons, pennants, trailer signs and inflated signs. Sign, Roof: A sign which is erected on or above the roof line of a building and which is wholly or partially supported by the building. Sign, Rotating: A sign which revolves three hundred sixty (360) degrees with continuing motion. Sign Setback: The horizontal distance between a property line and the closest edge of a sign structure. Sign, Temporary: A sign intended to be displayed for a temporary period of time. Sign, Wall: A sign displayed upon or against the wall of a building, where the exposed face of the sign is parallel to the wall and extended not more than eighteen (18) inches horizontally from the face of the wall and does not extend more than six (6) inches above the parapet, eaves or 1-3- 47 building façade. A facia sign may also be mounted above or below a canopy, not necessarily flush with the wall, but in all cases only one side has copy. Site: A parcel or parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots. Site Area: All land area within the site as defined in the deed. Area shall be determined from an actual survey rather than from a deed description. Site Plan (plot plan). A schematic, scaled drawing of a building lot or parcel or location which indicates, as may be required by this Code, the placement and location of yards, property lines, adjacent parcels, utilities, topography, waterways, irrigation, drainage, landscaping, parking areas, driveways, buildings, trash containers, open storage, streets, sidewalks, curbs, gutters, signs, lighting, fences and other features of existing or proposed construction or land use. Skyspace: That portion of the sky that must remain unobstructed for a solar collector to operate effectively. The skyspace can be measured for specific time of year use and location. (See also Solar Access.) Small Butcher Shop (meat processing): A custom retail meat-cutting operation. This definition does not include slaughtering but does include other accessory uses such as frozen food lockers. Limited to 8,000 square feet or less. (Ordinance #361) Small Taxidermy: The art of preparing, stuffing, and mounting the skins of animals and especially vertebrates to make them appear lifelike. Limited to 8,000 square feet or less. Small Warehouse Facility: A facility for the storage and distribution of wholesale products and goods with a building footprint of less than 50,000 square feet. Solar Access: The availability of sunlight to solar collectors and solar energy systems. Solar access to a site depends upon the specific system type and most often demands rooftop, south wall, south lot or detached collector protection. (Ordinance #361) Solar Energy Conversion System: Includes active, passive and photovoltaic solar systems which when placed on a structure to supply energy to that structure. Solar Greenhouse/Sunspace/Sunparlor: An attached space to a building or residence which may provide heat and/or food to users as part of a passive solar energy system. 1-3- 48 Specialty Food Sales: An establishment providing the sales of premade and packaged food goods. Typical uses include bakeries, candy, nuts, and/or confectionary stores, ice cream eateries, specialty soda franchises, etc. This does not include uses where food is consumed on premises (i.e. restaurants, etc.). Specified Public Utility: An electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1, or as amended. Special District: All entities established under authority of Title 17A, Special Districts, and any other governmental or quasi-governmental entity that is not a county, municipality, school district, or unit of the state. Sportsman’s Ranch: A property primarily designed for and offering outdoor recreational activities, mainly fishing and hunting. Stable, Private: A detached accessory building for the keeping of livestock owned by the occupants of the premises and not kept for hire, remuneration, or sale. Stable, Public: A detached accessory building where horses are boarded and/or kept for hire. Start of Construction: The issuance date of a building permit, provided that construction, repair, reconstruction, placement, or other improvement begins within one hundred eighty (180) days of the permit date. “Begins” means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. “Begins” does not include: A. Land preparation, such as clearing, grading and filling; B. Installation of streets and/or walkways; C. Excavation for a basement, footings, piers, or foundations or the erection of temporary forms; or D. Installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. State: Any department, division, or agency of the state. 1-3- 49 Steep Slopes. Areas where the average slope exceeds 8 percent which, because of this slope, are subject to high rates of storm water runoff and therefore erosion. Story: The space within a building between the surface of a floor and the surface of the floor or roof above it. Story, Half: A partial story under a gable, hip, or gambrel roof, the wall plates of which are on at least 2 opposite exterior walls, do not extend more than 4 feet above the floor of such story, and the ceiling area of which does not exceed 2/3 of the floor area of the same half story. Streets: A. Street - A public rights-of-way, including highways, avenues, boulevards, parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and other ways. B. Street, Freeway - A street with a fully controlled access designed to link major destination points. A freeway is designed for high speed traffic with a minimum of four travel lanes. C. Street, Half Street - A street parallel and contiguous to a property line and of lesser right-of-way width than will eventually be required; the additional needed right-of-way width to be obtained in the future from the abutting property owner prior to development as a frontage D. Street, Major Arterial - A street, existing or proposed, which serves or is intended to serve as a major traffic way and is designated in the Master Street Plan as a controlled-access highway, major street parkway, or other equivalent term to identify those streets comprising the basic structure of the street plan. E. Street, Minor Arterial - Similar to major arterial, but considered to be of slightly less significance because of lower anticipated volume, narrower width, or service to a smaller geographic area. F. Street, Major Collector - A street, existing or proposed, which is the main means of access to the major street system. G. Street, Minor Collector - A street, existing or proposed, which is supplementary to a collector street and of limited continuity which serves or is intended to serve the local needs of a neighborhood. H. Street, Local - A minor street which provides access to abutting properties and protection from through traffic. I. Street, Private - A thoroughfare within a subdivision which has been reserved by dedication unto the subdivider or lot owners to be used as a private access to serve the lots platted within the subdivision and complying with the adopted street cross section standards of the County and maintained by the subdivider or other private agency. J. Street, Cul-de-sac - A minor terminal street provided with a turn-around. 1-3- 50 Street frontage: A street which is parallel to and adjacent to a limited access street and which provides access to abutting properties and protection from through traffic. Street, Stub: A street extending from within a subdivision boundary and temporarily terminating there with no permanent vehicular turnaround. Stub streets are provided to permit adjacent undeveloped parcels of land to be developed later by continuing the stub street to the extended connecting street system. Structural Alteration: Any change in supporting members of a building or structure, such as bearing walls, columns, beams or girders. Structure: Any building, shelter, sign, wall, fence, pole or other improvement with a fixed location on the ground above grade constructed or installed by man and permanently attached to the ground. Subdivider (Developer): Any person who (A) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who (B) 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 (C) engages directly, or through an agent, in the business of selling, leasing, developing or offering for sale, lease, or development a subdivision, or who (D) is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing. Subdivision: Any land that is divided, resubdivided or proposed to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms and conditions. (Ordinance 309) A. "Subdivision" includes: 1. the division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument; and 2. except as provided in B. below, divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. B. "Subdivision" does not include: 1-3- 51 1. A bona fide division or partition of agricultural land for agricultural purposes; 2. A recorded agreement between owners of adjoining properties adjusting their mutual boundary if: a. no new lot is created; and b. the adjustment does not violate applicable land use ordinances; 3. A recorded document, executed by the owner of record: a. revising the legal description of more than one contiguous unsubdivided parcel of property into one legal description encompassing all such parcels of property; or b. joining a subdivided parcel of property to another parcel of property that has not been subdivided, if the joiner does not violate applicable land use ordinances; 4. A bona fide division or partition of land in a county other than a first class county for the purpose of siting, on one or more of the resulting separate parcels: a. an unmanned facility appurtenant to a pipeline owned or operated by a gas corporation, interstate pipeline company, or intrastate pipeline company; or b. an unmanned telecommunications, microwave, fiber optic, electrical, or other utility service regeneration, transformation, retransmission, or amplification facility; or 5. A recorded agreement between owners of adjoining subdivided properties adjusting their mutual boundary if: a. no new dwelling lot or housing unit will result from the adjustment; and b. the adjustment will not violate any applicable land use ordinance. c. the joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a subdivision as to the unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision ordinance. Substantial Action: Action taken in good faith to diligently pursue any matter necessary to obtain approval of an application filed pursuant to the provisions of this Code, or to exercise development rights authorized pursuant to such an approval. Substantial Improvement: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty ( 50) percent of the market value of the structure either before the improvement or repair is started, or, if the structure has been damaged and is being restored, 1-3- 52 before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. Swimming Pool: Any artificial or semi-artificial container used or intended to be used for swimming by any person, together with all permanent structures, equipment, appliances and other facilities used or intended for use in and about the operation, maintenance and use of such pool. Temporary Merchant: A non-fixed building/structure for seasonal services not to exceed one (1) year. Typical uses include coffee shops, snow cone shacks, ice cream vendors, etc. The following requirements shall be met: 1. Submission and approval of a business license through the Box Elder County Clerk’s Office. 2. Submission of an owner authorization form from the property owner where the temporary structure will be located allowing (1) the temporary use of property for the proposed service (including any utilities, etc.) and (2) allowing restroom use of the main, commercial building for any employee(s) of the seasonal service. 3. A basic site plan shall be submitted showing the proposed location of the seasonal service as well as traffic accommodations. 4. The applicant must submit yearly for an administrative conditional use permit for the seasonal service. Temporary Trailer: A temporary trailer or structure utilized solely by a builder during construction of a project for purposes incidental to the construction work on the property. Temporary Use: A use not allowed as a permitted, conditional or accessory use where located and which is established for a limited time with the intent to discontinue the use upon expiration of the time period authorized by a temporary use permit. Textile Products Manufacturing: A facility that manufactures textile products and goods. Typical uses include woven fabrics, textile dyeing and finishing, clothing, knit goods, yarns, threads, etc. Township: A contiguous, geographically defined portion of the unincorporated area of a county, established under this part or reconstituted or reinstated under Section 17-27a-306, with planning 1-3- 53 and zoning functions as exercised through the township planning commission, as provided in this chapter, but with no legal or political identity separate from the county and no taxing authority, except that "township" means a former township under Laws of Utah 1996, Chapter 308, where the context so indicates. Transferrable development right: The entitlement to develop land within a sending zone that would vest according to the county's existing land use ordinances on the date that a completed land use application is filed seeking the approval of development activity on the land. Transient Non-Community Water System: (TNCWS) means a non-community public water system that does not serve the same 25 nonresident persons per day for more than six months per year. Examples of such systems are those, RV Park, diner or convenience store where the permanent nonresident staff number less than 25, but the number of people served exceeds 25. Transportation Facility: A public building or site used for the transportation of people. Typical uses include bus terminals, train stations and depots, multi-modal transit hubs, shared mobility hubs, etc. Transportation Service: A private building or hub for the purpose of moving people, goods or for other transportation services. Typical uses include taxicab service, Transportation Network Companies (“ridesharing”), ambulance service, trucking operation, parcel delivery service, third-party delivery service, etc. Truck Wash: A facility for the washing or cleaning of heavy duty trucks exceeding 1-2 tons capacity (e.g. semis, buses, etc.). Unincorporated: The area outside of the incorporated area of a municipality. Uplighting: Lighting that is directed in such a manner as to shine light rays above the horizontal plane. Use: Any purpose for which a lot, parcel, or structure is designed, arranged or intended, or for which it is occupied or maintained. Utilities: Includes culinary waterlines, pressure and gravity irrigation lines, sanitary and storm sewer lines, subdrains, electric power, natural gas, cable television and telephone transmission lines, conduits and junction boxes, whether above ground or underground. Variance: A modification granted by the Hearing Officer to a zoning requirement for height, bulk, area, width, setback, separation, or other numerical or quantitative requirement for 1-3- 54 a building or structure or other site improvements as set forth in this Code. Vehicle: A properly licensed automobile, truck, trailer, boat or other device in which a person or thing is or can be transported from one (1) place to another. Vicinity Plan: A map or drawing, not necessarily to scale, showing where a subdivision, or proposed subdivision, PUD, commercial development, or other property is located. Vicinity Plan: A map or drawing, to scale, of any area proposed for development, showing existing and proposed streets, buildings, public facilities and utilities within the general influence area of the proposed project such as 1 mile radius; boundaries of zoning districts, taxing districts, and other special districts on and in the immediate vicinity of the land proposed for project; water courses, impoundments, streams, springs, wells and areas subject to continuous or occasional flooding on and in the immediate vicinity of the land proposed for project and significant vegetative patterns on and in the immediate vicinity of the land proposed for development. Water Interest: Any right to the beneficial use of water, including each of the rights listed in Section 73-1-11, and an ownership interest in the right to the beneficial use of water represented by a contract; or a share in a water company, as defined in Section 73-3-3.5. Water and Sewer Improvement Districts: Any water or sewer improvement districts existing or hereinafter organized which have jurisdiction over the land proposed for a subdivision. Water System means all lands, property, rights, rights-of-way, easements and related facilities owned by a single entity, which are deemed necessary or convenient to deliver drinking water from source to the service connection of a consumer(s). This includes all water rights acquired in connection with the system, all means of conserving, controlling and distributing drinking water, including, but not limited to, diversion or collection works, springs, wells, treatment plants, pumps, lift stations, service meters, mains, hydrants, reservoirs, tanks and associated appurtenances within the property or easement boundaries under the control of or controlled by the entity owning the system. Wholesale Trade & Warehousing: A facility for the storage and distribution of wholesale products and goods with a minimum building footprint of 50,000 square feet or larger. Wind Energy Conversion Systems: Includes structure and all apparatus to utilize wind to drive generator. 1-3- 55 Wood & Paper Manufacturing: A facility that processes raw wood, wood pulp, fiber, or recycled materials into intermediate or finished products. Typical uses include the production of paper and/or cardboard products (books, newspapers, boxes, etc.), millwork, veneers, plywood, prefabricated structural wood products, etc. Yard: A required open space on a lot, other than a court, unoccupied and unobstructed from the ground upward, except as permitted elsewhere in this Code. Yard, Front: A space on the same lot with a building, between the front line of the building and the front lot line, and extending across the full width of the lot. The “depth” of the front lot line and the front line of the building. (Note: On a corner lot there are two front yards.) Yard Measurement: In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between a lot line and a building. Yard, Rear: A space on the same lot with a building between the rear line of the building and the rear lot line, and extending the full width of the lot. Yard, Side: A space extending from the front yard to the rear yard between the side building line and the side lot line. The width of the side yard is the minimum distance required by this Code between the side lot line and the side building line.