17.07.030 USE RELATED DEFINITIONS

A. Terms used within chapter 17.09 of this title to identify specific uses regulated within this title: RESIDENTIAL USES: 1100 SINGLE FAMILY DWELLING: A structure containing one dwelling unit. The following requirements also apply: 1. Only one dwelling unit is allowed per legal lot/parcel with the exception of a single accessory apartment. 2. The structure must be a manufactured home, mobile home, or other permitted structure on a permanent foundation. 3. With the approval of the Land Use Authority, this use may allow more than one kitchen if it does not result in the creation of a second dwelling unit. Uses considered accessory to the primary single family dwelling include: accessory apartment, 4. accessory/agricultural structures, home based business, guest house, swimming pool, and similar accessory uses. 1110 FOSTER HOME: As licensed by the State of Utah and defined within Utah State Code 62A-2-101. ACCESSORY APARTMENT: One or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit that is within a single family dwelling. An accessory apartment must comply with the following requirements: 1. Location: a. Only one accessory apartment is allowed per legal lot. b. Must be within an existing single family dwelling through an internal conversion of the existing dwelling unit (e.g., basement, attic) maintaining an internal connection between common living area(s) that meets the size, design, and other requirements of this definition, or c. An addition to the existing single family dwelling containing an internal connection between common living area(s) of the accessory apartment and the single family dwelling that meets the size, design, and other requirements of this definition, or d. New construction of a single-family dwelling with an attached accessory apartment that meets the size, design, and other requirements of this definition. e. An accessory apartment must not be detached from the primary dwelling unit on the subject property. An accessory apartment opening into a garage or storage area does not meet the intent of this definition and is not permitted. 2. Size: Accessory apartments cannot exceed thirty percent (30%) of the square footage of the primary dwelling unit up to a maximum of one thousand (1,000) square feet. 3. Design: a. Required: Accessory apartments must share a common wall and roof for a minimum of twenty (20) linear feet with the primary dwelling and include an internal connection into a common living area of the primary dwelling. The internal connection can be closed off by a door. A basement or attic accessory apartment meets this requirement with the common floor, but must maintain an internal connection to the primary dwelling. b. External Appearance: The architectural style, building materials, and building colors of an accessory apartment must be compatible and consistent with the primary dwelling. If an addition to an existing single-family dwelling is built to create an accessory apartment, the addition must also tie into the existing roof line. c. Entrance: An exterior entrance to an accessory apartment must be on the side or rear of the primary single family dwelling. 4. Permits And Approvals: a. Must apply for and obtain approval of a zoning clearance prior to applying for a building permit. Application materials must include floor plans and elevations to confirm size, design, and other requirements of this definition. b. Must be approved by the Bear River Health Department and County Building Department with respect to sanitation, water, drainage, and all applicable Health Codes and requirements and must also comply with all applicable Land Use, Building, and Safety Codes, including the obtaining of a building permit. 5. Owner Occupied: The primary single family dwelling unit or the accessory apartment must remain owner occupied. ACCESSORY/AGRICULTURE STRUCTURES: A use or a structure subordinate to the primary use of a lot, or of a primary building on the same lot, and serving a purpose clearly incidental to a permitted primary use of the lot or of the building and which accessory use or structure is compatible with the primary permitted uses or structures authorized under land use regulations applicable to the property. This includes, but is not limited to, the following: Residential: Structures associated with recreational activities, raising of pets, or parking of occupants' 1. vehicles such as a garage or carport, accessory buildings for home hobbies, storage buildings, fences, patios, decks, and gardens. Commercial/Manufacturing: Includes structures associated with the onsite sale of manufactured goods, 2. offices, parking, storage, and a caretaker's residence. 3. Agriculture Structure: As defined within 15A-1-204(11) of Utah Code Annotated, 1953, as amended. HOME BASED BUSINESS: A use incidental and secondary to a property's primary residential use which does not significantly alter the exterior of the property or affect the residential character of the site as determined by the Development Services Director. The only employees and/or volunteers working at the home shall be the residents of the home. One non-resident employee may work in the residence if it can be demonstrated that there are not significant impacts due to the increase. A minor variance is required as specified in section 17.02.040 of this title. Typical uses include: Home Office: A business which is comprised of an office in the home, consulting services, internet based 1. business, or service activities that are managed from the home and occur away from the residential property. This includes sales activities where the business proprietor makes the primary sales transaction at another location such as demonstration sales or sales parties (i.e., cosmetics, cutlery, vacuums, etc.). Home Day Care/Preschool: A program providing care in an occupied dwelling operated by residents of that dwelling in which lessons and/or care are provided for not more than eight (8) children. The State licensed and/or reviewed capacity must include all children less than four (4) years of age of any caregiver 2. when their children are present in the residence. Preschool sessions shall last for not more than four (4) hours and shall not overlap. Individual children may attend only one preschool session in any twenty four (24) hour period. Refer to Utah Code Annotated section 26-39 Utah Child Care Licensing Act for State licensing requirements. 3. Minor Service Provision: Typically includes professional services where client meetings may occur at the home. 4. Minor Production: Production of goods that can be completed within the existing home typically including food goods, arts/crafts, or woodworking. MULTI-FAMILY DWELLING: A building or portion thereof containing two (2) or more dwelling units. Excludes single family dwellings with accessory apartments. SEASONAL CABIN: A dwelling used for recreational or leisure purposes with the occupancy period for such dwelling limited to a maximum of one hundred eighty (180) days, or less, for each calendar year. A seasonal cabin cannot be utilized as a primary residence. Only one seasonal cabin is allowed per legal lot/parcel. 1500 RESIDENTIAL LIVING FACILITY: A general term for the following types of facilities: Residential Facility For Persons With A Disability: A single-family dwelling unit in which more than one person with a disability resides and which is licensed or certified by the Utah Department of Human 1. Services under Utah Code Annotated 62A et seq., as amended, or the Utah Department of Health under Utah Code Annotated section 26-21 et seq., as amended. Treatment is not a necessary component of a residential facility for persons with a disability, but may be provided upon request. Any treatment provided shall be clearly ancillary to the use of the facility as a residence. CARETAKER'S RESIDENCE: A dwelling unit accessory to a commercial or industrial use for occupancy by the person who oversees the nonresidential operation, and his or her family. A caretaker's residence must be located on the same immediate property as the primary use, and cannot exceed thirty percent (30%) of the square footage of the structure with the primary nonresidential operation up to a maximum of one thousand (1,000) square feet in size. MANUFACTURING INDUSTRIES: GENERAL MANUFACTURING: The manufacture, processing, and assembling of products by mechanical or chemical processes. Typically includes the manufacturing of rock products (including concrete/asphalt plants); metal products; wood products (including saw mills and pulp factories); plastic components; and the commercial processing of animal products (meat, dairy, eggs, etc.). AGRICULTURAL MANUFACTURING: The processing of agriculturally based products where seventy five percent (75%) or more of the goods are grown directly on the property or on adjacent property that is operated by the owner of the agricultural manufacturing business. Includes any value added agricultural processing including but not limited to: honey processing, juice production from orchards or berries, meat or fish processing (smoking, jerky, cured meats, etc.), processing of vegetables, etc. SALES AND SERVICES: 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: Commercial Sales And Services: An establishment that provides products or services directly to a 1. consumer, and where such products are available for immediate purchase and removal from the premises by the purchaser. 3200 3210 3300 3400 Professional Services: An administrative, professional, research, laboratory, or personal service, which requires as a condition precedent to the rendering of such service, the obtaining of a license or other legal authorization. These typically include, but are not limited to, services rendered by: certified public 2. accountants, public accountants, engineers, chiropractors, dentists, osteopaths, physicians and surgeons, podiatrists, architects, veterinarians, attorneys at law, physical therapists, and life insurance agents. Merchandise or merchandising services must not be sold on the premises except such as incidental or accessory to the principal use. HOME BASED KENNEL: Any establishment accessory to a single- family dwelling at which seven (7) to twelve (12) adult dogs are boarded, groomed, bred, raised, and/or otherwise kept. A home based kennel must comply with the following requirements: The kennel must include a structure and/or fenced area to confine the dogs to the subject property. Dogs are prohibited from crossing onto adjacent properties unsupervised. The structure and/or fenced area 1. must be of a sufficient size and height to accommodate and contain the particular breed(s) of dogs at the kennel. At the time of application, the applicant must provide detailed information and elevations for the structure and/or fenced area as part of their submittal. 2. All kennel facilities must be a minimum of fifty feet (50') from the property boundary. Noise levels from the kennel shall not exceed ten (10) decibels (dBA, Leq) above the existing ambient 3. noise levels at the property line at any time of day or night. A sound level impact and assessment report prepared and signed by a qualified professional must be provided prior to recordation to establish the existing ambient noise levels. RURAL KENNEL: Any establishment not accessory to a dwelling unit at which seven (7) to twelve (12) adult dogs are boarded, groomed, bred, raised, and/or otherwise kept. A rural kennel must comply with the following requirements: 1. A rural kennel shall consist of no more than twelve (12) adult dogs (i.e., six (6) months of age or older). 2. The kennel is accessory to a use type 6100 Agricultural Production Use, as defined in the County Code. The kennel must be located on a legal parcel, five (5) acres or larger in size that qualifies as land under 3. agricultural use that is actively devoted to agriculture as defined by the Farmland Assessment Act, Utah Code Annotated section 59-2-5. The kennel must include a structure and fenced area to confine the dogs to the subject property. Dogs are prohibited from crossing onto adjacent properties unsupervised. The structure and fenced area must be of 4. a sufficient size and height to accommodate and contain the particular breed(s) of dogs at the rural kennel. At the time of application, the applicant must provide detailed information and elevations for the structure and fenced area as part of their submittal. A sign, two feet by three feet (2' x 3') or six (6) square feet, must be posted on the private property along 5. the property line and immediately adjacent to a recognized access point that legibly provides the contact name and phone number for the person(s) responsible for the kennel. Multiple signs may be required depending on the size of the parcel and number of recognized access points. 6. All kennel facilities must be a minimum of fifty feet (50') from the property boundary. Noise levels from the kennel shall not exceed ten (10) decibels (dBA, Leq) above the existing ambient 7. noise levels at the property line at any time of day or night. A sound level impact and assessment report prepared and signed by a qualified professional must be provided prior to recordation establish the existing ambient noise levels. COMMERCIAL KENNEL/ANIMAL SHELTER: Any establishment where the boarding, grooming, breeding, raising, and/or otherwise keeping of thirteen (13) or more adult dogs or cats occurs or the requirements of a home based kennel or rural kennel cannot be met. A commercial kennel/animal shelter must comply with the following requirements: The kennel must include a structure and fenced area to confine the dogs to the subject property. Dogs are prohibited from crossing onto adjacent properties unsupervised. The structure and fenced area must be of 1. a sufficient size and height to accommodate and contain the particular breed(s) of dogs at the kennel. At the time of application, the applicant must provide detailed information and elevations for the structure and/or fenced area as part of their submittal. 2. All kennel facilities must be a minimum of fifty feet (50') from the property boundary and a minimum of twenty feet (20') from a caretaker's residence, if present. Noise levels from the kennel shall not exceed ten (10) decibels (dBA, Leq) above the existing ambient 3. noise levels at the property line at any time of day or night. A sound level impact and assessment report prepared and signed by a qualified professional must be provided prior to recordation to establish the existing ambient noise levels. STORAGE AND WAREHOUSING: A structure(s) containing storage space(s) of varying sizes that are affiliated with a commercial or industrial uses. Such facilities are to be used for dead storage only. No business activities may be conducted from a storage facility other than those that are clearly ancillary to the primary business. Also includes the following specific uses: Storage Yard: The storage of large equipment and vehicles (either construction or transport); bulk 1. construction materials (soil and rock products or building materials); and buildings or structures for uses such as offices or repair facilities. Salvage Yard: A facility or area for storing, keeping, selling, dismantling, shredding, compressing, or salvaging scrap or discarded material or equipment. Scrap or discarded material includes but is not limited to metal, paper, rags, tires, bottles, motor vehicle parts, machinery, structural steel, equipment, and 2. appliances. The term includes facilities for separating trash and debris from recoverable resources, such as paper products, glass, metal cans, and other products which can be returned to a condition in which they may again be used for production. SELF SERVICE STORAGE FACILITY: A building or group of buildings divided into separate compartments used to meet the temporary storage needs of small businesses, apartment dwellers, and other residential uses; and may include refrigerated or climate controlled facilities. TRANSPORT SERVICES: An establishment engaged primarily in the loading and unloading of freight onto tractor trucks or the dispatch of tractor trucks which will be used to haul freight. May also include services for the fueling, servicing, repair, or parking of trucks or similar heavy commercial vehicles. Excludes the parking of a single truck by an owner/operator at their place of residence and trucks owned and operated by an agricultural entity engaged in the transport of seventy five percent (75%) or more of that owner's agricultural products. GENERAL VEHICLE REPAIR: Any building, structure, improvements, or land used for the repair and maintenance of small engines, automobiles, motorcycles, trucks, trailers, tractors, or similar vehicles including but not limited to body, fender, muffler, or upholstery work, oil change and lubrication, painting, tire service and sales, but excludes dismantling or salvage. 3700 MEDICAL SERVICES/FACILITIES: A general term for the following uses: 1. Secure Treatment: As licensed by the State of Utah and defined within Utah State Code 62A-2-101. 2. Substance Abuse Treatment Program: As licensed by the State of Utah and defined within Utah State Code 62A-2-101. 3. Outpatient Treatment: As licensed by the State of Utah and defined within Utah State Code 62A-2-101. 4. Day Treatment: As licensed by the State of Utah and defined within Utah State Code 62A-2-101. 5. Healthcare Facility: As licensed by the State of Utah and defined within Utah State Code 26-21-2. 6. Hospital: As licensed by the State of Utah and defined within Utah State Code 26-36a-103. 7. Veterinary Clinic: A facility for the diagnosis, treatment, and hospitalization of animals, and which may include boarding and outdoor holding facilities. 3800 HUMAN CARE SERVICES: A general term for the following uses: 1. Domestic Violence Treatment Program: As licensed by the State of Utah and defined within Utah State Code 62A-2-101. 2. Assisted Living Facility: As licensed by the State of Utah and defined within Utah State Code 26-21-2. 3. Day Care, Adult: As licensed by the State of Utah and defined within Utah State Code 62A-2-101. Day Care/Preschool, Commercial: Any facility, at a nonresidential location, operated by a person qualified 4. by the State of Utah, which provides children with day care and/or preschool instruction as a commercial business and complying with all State standards and licensing. 5. Nursing Care Facility: As licensed by the State of Utah and defined within Utah State Code 26-21-2. 6. Residential Support: As licensed by the State of Utah and defined within Utah State Code 62A-2-101. 7. Residential Treatment Program: As licensed by the State of Utah and defined within Utah State Code 62A- 2-101. 8. Youth Program: As licensed by the State of Utah and defined within Utah State Code 62A-2-101. 9. Long Term Care Facility: As licensed by the State of Utah and defined within Utah State Code 62A-3-202. CULTURAL, ENTERTAINMENT, AND RECREATION: RECREATIONAL FACILITY: A place, either indoor or outdoor, designed and equipped for the conduct of sports and leisure time activities that is operated as a business and/or open to the general public. A recreational facility is operated for a period of greater than thirty (30) days per year and may also include incidental transient lodging accommodations for up to fifteen (15) rooms. For the purposes of a recreational facility only, "room" is defined as a self-contained area within a structure that has a maximum of two (2) sleeping areas, one bathroom, and no provision for cooking. A room provides sleeping accommodations for the general public utilizing the associated recreational facility. All rooms associated with a recreational facility must be contained within a single structure, and access to rooms must be primarily from interior lobbies or halls. A central kitchen and dining room catering to guests and the general public can be provided within the same structure. A recreation facility does not include Use Type 4110 - Campground. CAMPGROUND: Any area with 2 or more campsites in the FR40, RR or C zones that are improved for occupancy by transients using recreational vehicles, motor homes, mobile trailers, or tents for dwelling, lodging, or sleeping purposes with a duration of state for a period of 30 days or less. Water and sewage facilities shall comply with State requirements (see § 17-10.040.3.a.). RESORT: A large scale, master planned facility which serves as a destination point for visitors, and has recreational facilities and may include residential accommodations for guests. Typical uses within a resort include but are not limited to: ski facilities, golf courses, and other recreational facilities, overnight accommodations, meeting rooms, convention and banquet facilities, administrative facilities, maintenance and storage facilities, and restaurant/retail uses which are customarily appurtenant to such uses. See chapter 17.14, "Resort Recreation (RR) Zone", of this title for specific requirements. 4300 TRANSIENT LODGING: A general term for the following uses: 1. Motel: A building or group of buildings for the accommodation of transient guests, comprising individual sleeping or living units, and designed and located to serve the motoring public. Hotel: An establishment with or without fixed cooking facilities in individual rooms offering transient lodging 2. accommodations to the general public, and which may provide additional services such as restaurants and meeting rooms. BED AND BREAKFAST INN: An owner occupied dwelling offering transient lodging accommodations where meals may be provided. A bed and breakfast inn may have no more than four (4) guestrooms. RESTAURANT: A commercial establishment where food and beverages are prepared, served, and consumed primarily within the principal building and where food sales constitute more than eighty percent (80%) of the gross sales receipts for food and beverages. MOBILE FOOD TRUCK: A temporary food service establishment, which has a duration limited to six (6) months at any single location, that is a vehicle mounted food service establishment designed to be readily movable. SEXUALLY ORIENTED BUSINESSES: Seminude entertainment businesses, sexually oriented outcall services, adult businesses, and seminude dancing agencies, as defined by title 5 of this Code, and also addressed by chapter 17.24 of this title. PUBLIC, INSTITUTIONAL, AND UTILITY USES: CEMETERY: A location used for interment of human or animal remains, including a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or a combination thereof, and meeting all applicable local, State, and Federal requirements and regulations. CREMATORIUM: A location containing a cremation chamber or retort intended for use in the act of cremation of human or animal remains, and that meets all applicable local, State, and Federal requirements and regulations. PUBLIC USES: A use operated exclusively by a public entity over which the County has no jurisdiction in compliance with section 17-27a-304, Utah Code Annotated, 1953, as amended. RELIGIOUS MEETING HOUSE: A building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. Includes synagogue, temple, mosque, or other such place for worship and religious activities. CORRECTIONAL FACILITY: Facilities for the judicially required detention or incarceration of people, where inmates and detainees are under 24-hour supervision by professionals, except when on approved leave. If the use otherwise complies with this definition, a correctional facility may include, by way of illustration, a prison, jail, or probation center. EDUCATIONAL FACILITY: Any building or part thereof which is designed, constructed, or used for education or instruction by a public or private organization in any branch of knowledge, but excluding preschool centers. Includes the following uses: 1. Boarding School: As licensed by the State of Utah and defined within Utah Code Annotated, 1953, as amended, section 62A-2-101. 2. Therapeutic School: As licensed by the State of Utah and defined within Utah Code Annotated, 1953, as amended, section 62A-2-101. UTILITY FACILITY, TRANSMISSION: A general term for the following uses. These uses are not required to be located on a building lot or to comply with the minimum lot size requirement for the district in which it is located. Electric Transmission Line: A power transmission line, either above or below ground, designed to provide 1. electric transmission at voltages of one hundred forty thousand (140,000) volts (140 kV), or greater, and that may provide for interstate power transmission, power transmission between substations, or to provide power to customers or areas located outside of the County. Gas Pipeline Right-Of-Way: A gas transmission pipeline of twelve inches (12") or larger diameter that may 2. provide for interstate gas transmission, or to provide gas to customers or areas located throughout the County. 5620 5700 5710 5800 Wind Or Water Energy System: A wind or water energy conversion system consisting of one (1) or more 3. turbines and/or towers and associated control and/or conversion electronics and providing generated electrical power to be used for off site consumption. Petroleum Pipeline: A petroleum or oil transmission pipeline of four inches (4") or larger in diameter and 4. that provides for interstate petroleum or oil transmission, or to provide petroleum or oil to customers or areas located throughout the County. 5. Electric Substation: A power regulating facility designed to regulate power for distribution at voltages of one hundred forty thousand (140,000) volts (140 kV) or greater. 6. Compression/Pumping Station: A gas or petroleum regulating facility designed to regulate the flow along major utility facilities. UTILITY FACILITY, DISTRIBUTION: A general term for the following uses. These uses are not required to be located on a building lot or to comply with the minimum lot size requirement for the district in which it is located. Electric Transmission Line: A power transmission line, either above or below ground, designed to provide 1. electric transmission at voltages of less than one hundred forty thousand (140,000) volts (140 kV) but more than thirty thousand (30,000) volts (30 kV). 2. Gas Pipeline: A gas transmission pipeline of less than twelve inches (12") in diameter. Water/Wastewater Transmission Line: A transmission line for water (culinary or irrigation water) or 3. wastewater greater than eighteen inches (18") in diameter. Open canals and barrow pits are exempt from this requirement. 4. Electric Substation: A power regulating facility designed to regulate power for distribution to customers at voltages less than one hundred forty thousand (140,000) volts (140 kV). 5. Compression/Pumping Station: A gas or petroleum regulating facility designed to regulate the flow along minor utility facilities. UTILITY FACILITY, SERVICE: Electric, gas, communication, water, sewer, irrigation, drainage lines, or other utility facilities that provide local delivery or collection services from either utility facility distribution or transmission services. This includes home based geothermal, wind, solar, or water powered facilities limited to the production capacity required to service a single family dwelling. TELECOMMUNICATION FACILITY, MAJOR: See chapter 17.20, "Telecommunication Facilities", of this title. TELECOMMUNICATION FACILITY, MINOR: See chapter 17.20, "Telecommunication Facilities", of this title. PUBLIC AIRPORT: A site licensed by the State for the takeoff or landing of aircraft, including uses that may be appurtenant and accessory to said activity (e.g., runways, hangars, facilities for refueling and repair). The following are required at the time of application: 1. A copy of any and/or all FAA reviews, forms, and analyses regarding the airport location, activity, and design including: a. The current FAA Form 7480-1, and; b. FAA response to the Form 7480-1 submission. c. A copy of the airport master record. A copy of the design criteria as per the current FAA Airport Design Advisory Circular AC 150/5300-13A as 2. applicable to the type of aircraft proposed to operate at the site. Said design criteria must be implemented at the site. 3. A copy of the State of Utah license as issued by the Utah Division of Aeronautics. PRIVATE AIRPORT: Any area for the takeoff or landing of aircraft and that is not open to the public, including uses appurtenant to said activity (e.g., runways, hangars, facilities for refueling and repair). 1. Application: The following are required at the time of application: a. A copy of any and/or all FAA reviews, forms, and analyses regarding the airport location, activity, and design including: (1) The current FAA Form 7480-1, and; (2) FAA response to the Form 7480-1 submission. b. A copy of the design criteria as per FAA Airport Design Advisory Circular AC 150/5300-13B as applicable to the type of aircraft proposed to operate at the site. Said design criteria must be implemented at the site. 2. Location: The airport and the following must be located within the boundaries of property owned by the proponent, or that is within a recorded easement: a. All appurtenant uses and structures; and b. All zones and areas related to the land use and associated with the required design criteria as specified in the noted FAA Airport Design Advisory Circular in item 1b above. 3. The proposed use of a private airport must not impose a hazard upon the person or property of others as required in State Code Section 72-10-1-116. 5900 5910 SOLID WASTE FACILITY: A facility engaged in solid waste management, including: 1. Landfill: A landfill. 2. Processing System: A processing system, including: a. A resource recovery facility; b. A facility for reducing solid waste volume; c. A plant or facility for compacting, composting, or pyrolization of solid waste; d. A solid waste disposal, reduction, or conversion facility. Composting Facility: A facility where organic materials are converted into a humus like material under a 3. process of managed biological decomposition or mechanical processes. Normal backyard composting and composting incidental to farming operations are exempted from this use. Sewage Treatment Works: A facility designed for the collection, removal, treatment, and disposal of 4. waterborne sewage generated within a given service area. Includes sewage lagoons and sewage treatment plants. Excludes septic systems. NUCLEAR WASTE FACILITY: A facility for the disposal or transfer of high-level nuclear waste or greater than Class C radioactive nuclear waste, as defined within Utah Code Annotated, 1953, as amended, section 19-3303, as "waste(s)", that is located wholly or partially within the County. RESOURCE PRODUCTION AND EXTRACTION: AGRICULTURAL PRODUCTION: The derivation of a product from agriculture. Also includes the following specific uses: 1. Horticultural Production: The use of land for the growing or production for income of fruits, vegetables, flowers, nursery stock, including ornamental plants and trees, and cultured sod. 2. Aquiculture: The commercial cultivation of aquatic life, such as fish, shellfish, and seaweed. Agricultural Products Storage: The storage of raw agricultural products. This use does not include the 3. commercial slaughtering, the processing and packaging of meat and poultry, or the processing of food stuffs. 4. Animal Husbandry: An agricultural operation or establishment which keeps, feeds, or raises livestock for commercial purposes and as a primary land use. 5. Grazing: The feeding of livestock where more than fifty percent (50%) of the feed is produced on the immediate parcel and available to the animals as in-place vegetation to sustain life. CONCENTRATED ANIMAL FEEDING OPERATION (CAFO): A lot or facility as defined by the EPA as meeting or exceeding the standards of a large CAFO. LIVESTOCK AUCTION FACILITY: A structure or structures with associated pens, yards, corrals, and loading and unloading facilities used for the sale of livestock. FARM STAND: A structure from which fruits, vegetables, flowers, herbs, plants, or other agriculture products are sold. This use may also include accessory sales of other unprocessed or home-processed foodstuffs such as canned goods, baked goods, and may also include homemade handicrafts. Additionally: 1. The structure must be located on a property that qualifies as land under agricultural use as defined by the Farmland Assessment Act, Utah Code Annotated 59-2-5. 2. The area of the structure devoted to the sales of accessory items shall not exceed fifty percent (50%) of the structure's total sales area. The sale of commercially packaged handicrafts or commercially processed or packaged food stuffs not 3. originating from land qualifying as land under agricultural use as defined by the Farmland Assessment Act, Utah Code Annotated 59-2-5, is not permitted. 4. Only one (1) such structure is allowed per legal lot or parcel. 5. The following are additional distinctions and requirements for the specific structure types: a. A single, temporary structure that: (1) Is in place for no more than one hundred eighty (180) calendar days, and; (2) Consists of a two hundred (200) square-foot area or less, and; (3) Must be located on the same property where the primary ingredients for all raw and homeprocessed food products were grown. b. A single, permanent structure that: (1) Is used for the sales of product, as identified above, for no more than one hundred eighty (180) calendar days, and; (2) Is used for the sales of agriculture product, from any adjacent property as determined by the Land Use Authority, which also qualifies as land under agricultural use as defined by the Farmland Assessment Act, Utah Code Annotated 59-2-5, is also permitted in said structure. 6140 6150 6160 AGRITOURISM: A use or activity for the on-site recreation, retail purchase, education, or participation of the general public. Any such use/activity may include, but is not limited to a: farm tour; farm stay; educational class; corn maze; group event or competition; U-pick operation; farmers market; farm museum; cider mill; petting farm/zoo; retail sales facility (e.g., meat shop; dairy or creamery; nursery; gift shop; flower, herb, or spice store; bakery; restaurant; or café); small- scale food processing (e.g., process pumpkins grown on premises into pumpkin pies), not including a winery or small-scale slaughter facility, and other similar uses/activities as determined by the Land Use Authority. Any such use or activity must meet the minimum requirements as follows: 1. Any such use/activity must be accessory to a primary agricultural production use. The primary and accessory uses must: a. Be located on land that qualifies as land under agricultural use that is actively devoted to agriculture as defined by the Farmland Assessment Act, Utah Code Annotated 59-2-5; b. Be located on a legal parcel, five (5) acres or larger in size; or on contiguous legal parcels that are a total of five (5) acres or larger in size; and c. Consist of fifty one percent (51%) or more of products produced on site. The use/activity occurs for more than twenty one (21) consecutive or non-consecutive days per year, and 2. provides agriculturally related, and in some instances, non-agriculturally related products and events to the general public. 3. Must obtain Land Use Authority review and approval prior to operation. 4. Overnight accommodation is permitted as follows: a. Guest rooms must be located within an owner occupied dwelling or seasonal cabin that meets the minimum Building and Fire Code standards; b. No more than a total of four (4) guest rooms with a maximum occupancy of two (2) per room; not counting children fifteen (15) years of age and under. SMALL-SCALE SLAUGHTER FACILITY: The slaughtering, skinning, and preparing of livestock and poultry by humane means for the purpose of human consumption which is done at a place other than a licensed slaughtering house by a person who is not the owner of the animal. The following requirements also apply: 1. This use must qualify and be licensed as Farm Custom Slaughtering as defined by the state, and must meet any of the related state requirements that apply prior to operation; 2. This use must be located on land that qualifies as land under agricultural use that is actively devoted to agriculture as defined by the Farmland Assessment Act, Utah Code Annotated 59-2-5; This use must be located on a legal parcel, two (2) acres or larger in size; or on a parcel less than two (2) 3. acres in size that is contiguous to a legal parcel or parcels under the same ownership as the parcel where the facility is located, that when combined with the initial parcel attains a total of two (2) acres or larger in size; 4. All processing activities and processing structures associated with this use must be setback a minimum fifty (50) feet from all property lines; 5. This use allows a maximum of one thousand five hundred (1,500) animal units to be slaughtered or processed on an annual basis. Any offal must be removed from the site and properly disposed of within twenty-four (24) hours of the 6. slaughter of an animal. Offal must be confined to a refrigerated area until the time it is removed from the premises. WINERY: An agricultural processing facility used for the commercial purpose of processing fruits, plants, honey, or milk, or other like substance to produce wine. Processing includes wholesale and retail sales, crushing, fermenting, blending, aging, storage, bottling, and administrative office functions. Additional information and requirements are found in Title 5.08 Alcoholic Beverages of the County Code and apply to this use type. The following requirements also apply: 1. A winery must be accessory to a primary agricultural production use. 2. A winery must: a. Be located on land that qualifies as land under agricultural use that is actively devoted to agriculture as defined by the Farmland Assessment Act, UCA 59-2-5; and b. Be located on a legal parcel, or contiguous legal parcels, that are a total of five (5) acres or larger in size. 3. Wine produced by the processing facility must be produced from fifty-one percent (51%) or more of the agricultural products that have been grown within the legally defined boundaries of Cache County. a. The winery may use agricultural products grown outside the County to produce wine, and a local wine producer may purchase bulk beverage fermented, brewed, or distilled by a licensed alcohol manufacturer and blend the beverage with the local producer's alcoholic beverage if: 6200 6300 6400 6410 6420 (1) There is an insufficient supply of agricultural products within Cache County due to an event caused by natural phenomena whose effects were not preventable with the exercise of reasonable care and foresight; or (2) The on-site and local agricultural product is not yet of a sufficient quantity to support the production of wine, but sufficient resources that will be used as part of the wine production in the form of planted vines, plants, trees, hives, and similar are present and of an equivalent amount to support the quantity of product to be produced. 4. Retail sales, tours, and tasting facilities of wine and related, accessory, promotional items are also permitted as part of the winery operation. a. Retail sales, tours, and tastings means tours of the winery or tasting of beverages produced by the winery, or both during operating hours. The wine producer may serve food in conjunction with tours and tastings, provided: (1) The amount and type of food is intended to be secondary and complementary to, and part of, the tours and tastings; and (2) The food arrives at the establishment ready for service, or in a state generally ready for consumption. 5. Production of wine is limited to no more than fifteen thousand (15,000) cases per calendar year. 6. Overnight accommodation is permitted as follows: a. Guest rooms must be located within an owner occupied dwelling that meets the minimum Building and Fire Code standards; b. No more than a total of four (4) guest rooms with a maximum occupancy of two per room, not counting children fifteen (15) years of age and under. BOARDING FACILITY: A series of stables, barns, paddocks, and/or other shelters and exercise facilities in which livestock, including cattle, sheep, goats, swine, horses, mules, poultry, etc., are fed, exercised, and/or cared for on a short or long term basis for a fee. FORESTRY ACTIVITIES: The felling and transportation of commercially harvested trees. Forestry activities do not include the harvesting of firewood or trees for private use. Excludes sawmills or the production/finishing of lumber. MINERAL EXTRACTION: The extraction of metallic and nonmetallic minerals or materials; including the accessory uses of rock crushing, screening, and the storage of explosives; except where such excavation is for purposes of grading for a building lot or roadway, where grass sod is removed to be used for landscaping, or where materials are excavated from a lot for use on that same lot or an adjoining parcel by the owner of the property. Includes stone quarries and sand/gravel pits. TOPSOIL EXTRACTION: Extraction activities limited to the removal and sale of topsoil, except where such excavation is for purposes of grading for a building lot or roadway, where grass sod is removed to be used for landscaping, or where materials are excavated from a lot for use on that same lot or an adjoining parcel by the owner of the property. SITE GRADING: The act of excavation or filling or combination thereof or any leveling to a smooth horizontal or sloping surface on a property in preparation for the construction of a building, but not including normal cultivation associated with an agricultural operation. Excavation shall be less than one thousand five hundred (1,500) cubic yards per parcel. Additional excavation may only be permitted with a variance.