1.6 DEFINITIONS

For the purpose of this land use ordinance, certain words and phrases require specific definition of meaning. Words and phrases used in the present tense include the future and the singular word or number includes the plural and the singular. Unless otherwise defined in this Ordinance, all capitalized terms used herein shall have the meaning ascribed to them in the Municipal Land Use, Development, and Management Act at Section 10-9a-103, Utah Code Annotated Intent It is the intent of this section in setting forth the understanding of said terms and phrases to facilitate understanding of said terms and phrases in the sense intended by the Town Council. ACCESSORY STRUCTURE: A structure that is accessory to, and subordinate to, that of the Dwelling and that is located on the same lot. AGRICULTURE: The work of producing crops & raising of livestock. (See also definition for livestock) BASEMENT: That portion of a building which is partially or completely below Finished Grade, provided that Finished Grade is no more than three (3) feet above Existing Grade. BED & BREAKFAST: A Bed & Breakfast (B&B) is a Single-family Dwelling wherein the residing owners (or lessee) of the residence offer: a: to rent a portion of their home for overnight lodging and b: to serve meals to their overnight guests. In this land use ordinance, Bed & Breakfasts are not permitted. BUILDING: Any structure built for the support, shelter or enclosure of persons, animals or property of any kind. This definition does not include buildings owned by the Town or by the Fire District. BUILDING, LINE: A line designating the minimum distance which buildings must be set back from the street or lot line. BUILDING, MUNICIPAL: A building owned and operated or owned and intended to be operated by a public agency of the United States of America, of the State of Utah or any of its subdivisions, including buildings owned by the Town of Castle Valley and by the Fire District of Castle Valley. COMBINED SQUARE FOOTAGE: In determining the Combined Square Footage of a building, the floor area of each story of a building shall be included, except that a basement shall not be included in the Combined Square Footage if the ceiling area of 50% or more of the entire basement is less than three feet above finished grade. If the ceiling area of more than 50% of the entire basement is three feet or more above finished grade, the entire basement area shall be included in calculating the Combined Square Footage. The area of any portion of a building which is directly below a roof shall also be included in calculating the maximum Combined Square Footage, except that the exterior area of a building which is directly below a roof shall only be counted once in calculating the Combined Square Footage for buildings of more than one story. The area of any portion of the building which is not enclosed, but which is directly below an enclosed upper floor, for uses including but not limited to carport, patio, or storage shall also be included in the Combined Square Footage, measured between the supports and the main wall, provided: the average finished grade of such area is 6% or less; only those parts of such area with a ceiling height of seven feet or more shall be counted (the lowest point of any joists or other horizontal supports shall determine the ceiling height); and the narrowest horizontal dimension (width) of such area is 8 feet or more, and a total square footage of 200sq. ft. or more. Decks and balconies that are not covered by a roof shall not be counted in calculating the Combined Square Footage. The drawings which are identified as Illustrations A1, A2, and B in Section 1.7 of this land use ordinance are included in the definition of Combined Square Footage. COMPREHENSIVE PLAN: (General Plan) A coordinated plan which has been prepared and adopted for the purpose of guiding development, including but not limited to a plan or plans of land use, resources, circulation, transportation, housing and public facilities and grounds. CONDITIONAL USE: A use which is specifically permitted by the terms of this Land Use Ordinance after the issuance of a written conditional use permit by the designated land use authority. (See also definitions for Home Occupation, Nonpermanent Conditional Use Permit, Permanent Conditional Use Permit, and Premises Occupation. DWELLING: Any building that contains one or two legally permitted Dwelling Units. Residing in additional structures, such as, but not limited to, Temporary Dwellings and other temporary structures that cannot be given building permits such as yurts and teepees, is not permitted if another structure is being used as a residence. DWELLING UNIT: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation (toilet, sink, and approved wastewater disposal system). Yurts, teepees, and other temporary structures that cannot be given building permits are considered Dwellings if used and occupied as a residence. Only one Kitchen as defined in this Land Use Ordinance is allowed per legally permitted Dwelling Unit. Additional Kitchens may be allowed in an Accessory Structure through an approved Conditional Use Permit. DWELLING, SINGLE-FAMILY: A Dwelling designed for, or occupied by, no more than one (1) family. The term family shall not be construed to mean a group of nonrelated individuals such as a fraternity, club, or institutional group. EROSION: The removal of soil particles by the action of water, wind, ice, or other geological agents, whether naturally occurring or acting in conjunction with or promoted by anthropogenic activities or effects. EROSION AND SEDIMENT CONTROL PLAN: A written plan (including drawings or other graphic representations) that is designed to minimize erosion and sediment runoff at a site during construction or Land Disturbance Activity. FAMILY DAY CARE CENTER: A Dwelling wherein ordinary care and supervision are provided during customary day-time periods by the resident family to nonrelated person(s). To qualify, said Dwelling must be approved by the State Division of Social Services and other appropriate State agency and the Town Council. FEEDLOTS: A place of confinement (whether by structures, fences, pens, corrals, or other enclosures) for livestock which allows a large concentration of animals in an area too small for the animals to naturally graze and where the density of animals on the lot exceeds that allowed in this land use ordinance. The primary purpose of such confinement is to provide for the ultimate sale of products from such animals or the animals themselves. In this land use ordinance, Feedlots are not permitted. FLOOR AREA: The floor area of each story of a building is measured from exterior wall to exterior wall and includes all spaces within that area such as, but not limited to, unfinished spaces, stairwells, closets, and other nonhabitable space that have a ceiling height of five (5) feet or more. GARAGE, PRIVATE: A building or part thereof designed for the parking or temporary storage of automobiles and/or other vehicles of the occupants of the premises. GARDENING: The raising of crops, grains, fruit and plants. GRADE, EXISTING: For sites which have never been disturbed, existing grade is the same as the natural grade which is the elevation of the surface of the ground created through the action of natural forces and has not resulted from human-made cuts, fills, excavation, grading, or similar earth-moving processes. For sites that have existing structures or older disturbances to the land that make natural grade indistinguishable from existing grade, existing grade shall be the ground level established when the existing structure or disturbance was created. Recent or new earth-moving will not necessarily qualify as existing grade and will require a determination from the Building Permit Agent. GRADE, FINISHED: The elevation where the vertical face of the structure intersects the ground after all man-made cuts, fills, excavation, grading, or similar earth-moving processes have been completed. A window well that is entirely within five feet of an exterior wall of the structure or the stair to a Basement that is entirely within eight feet of an exterior wall of the structure shall not be considered in determining the Finished Grade. The drawings which are identified as Illustrations D, E, in Section 1.7 of this land use ordinance are included in the definition of Finished Grade. GRAZING: The act of Livestock eating herbage growing from the ground. HEIGHT, BUILDING: Building Height is the vertical distance between a horizontal line extending from the highest point of any roof, wall, or parapet and the lower of either 1) the lowest point where the vertical face (or a vertical line extending directly below the vertical face) around the perimeter of the building intersects the Existing Grade or 2) the lowest point where the vertical face (or a vertical line extending directly below the vertical face) around the perimeter of the building intersects the Finished Grade. Building Height does not include chimneys, vents or building mounted or roof- mounted solar photovoltaic panels or modules. The vertical face of the structure includes, but is not limited to walls, foundations, footings, piers, or columns that support a wall. Piers, columns or posts that support a part of the structure that is not enclosed, such as decks or porches, shall not be considered part of the vertical face of the structure when determining height. For structures for which no part is enclosed, such as carports, height shall be measured from the highest point of the structure to the lowest point in the Finished Grade directly below the structure. The drawings which are identified as Illustrations C1 and C2 in Section 1.7 of this land use ordinance are included in the definition of Building Height. HOME OCCUPATION: An occupation for compensation conducted entirely within a Dwelling. (See also definitions for Conditional Use, Nonpermanent Conditional Use Permit, Permanent Conditional Use Permit, and Premises Occupation). INTERNAL ACCESSORY DWELLING UNIT (IADU): A Dwelling Unit used as a rental or guest Dwelling Unit, as defined in Utah Code Section 10-9a-530, as amended; and created within the footprint of the one allowed Dwelling per legally platted lot, as described in Chapter 5 Section 10. JUNKYARD: The use of any lot, portion of a lot, or tract of land for the storage, keeping, dismantling, demolition or abandonment of automobiles or other vehicles, or machinery or parts thereof; provided, that this definition shall not be deemed to include such uses which are permitted in section 8.2 of this Land Use Ordinance and clearly incidental to any residential or agricultural use, or permitted home or premises occupation. KENNEL: Any land or building wherein any person engages in the commercial or non-profit business of boarding, breeding, buying, letting for hire, training for a fee, selling or keeping three (3) or more dogs or cats of the age of four (4) months old or older. In this land use ordinance, Kennels are not permitted. KITCHEN: An area within a building used, or designed or intended to be used, for the preparation of food. Only one Kitchen is allowed per legally permitted Dwelling Unit. Additional Kitchens may be allowed in an Accessory Structure through an approved Conditional Use Permit. LAND DISTURBANCE ACTIVITY: Any activity on property that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land Disturbance Activities include, but are not limited to, development, redevelopment, demolition, construction, reconstruction, clearing, grading, filling, and excavation. LAND USE APPLICATION: An application that is required by the Town and submitted by a Land Use Applicant to obtain a Land Use Decision. A Land Use Application does not mean an application to enact, amend, or repeal a Land Use Regulation. LAND USE AUTHORITY: The person or board designated in this land use ordinance to review and act upon a specific Land Use Application. More than one land use authority may be designated by the Town, each with jurisdiction over the specific categories of land use applications designated for its review and action. LAND USE REGULATION: Any ordinance, law, code, resolution, specification, fee or rule that governs the use or development of land. A Land Use Regulation does not include: a General Plan; a Land Use Decision of the legislative body acting as the Land Use Authority, even if the decision is expressed in a resolution or ordinance; or a temporary revision to an engineering specification that does not materially increase a Land Use Applicant's cost of development compared to the existing specification or impact a land use applicant's use of land. LAND USE PLAN: A plan adopted and maintained by the Town Council which shows how the land should be used; an element of the General Plan. LIVESTOCK: Animals such as cattle, sheep, swine, horses, mules, buffalo, llamas, goats, geese, emus, ostriches, swans, peafowl, turkeys, chickens, ducks and other fowl. This definition does not include domestic pets such as dogs or cats. (See also, definition for Agriculture, Feedlot, and Kennel.) LOT: A legally platted parcel of land of five (5) acres or more including easements. MANUFACTURED/MOBILE HOMES: A structure constructed according to the HUD/FHA mobile home construction and safety standards, manufactured after June 16, 1976, transportable in one or more sections, which in the traveling mode, is eight (8) feet or more in width or is forty (40) or more feet in length, and when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a Dwelling with or without a permanent foundation when connected to the required utilities and erected and installed according to HUD approved guidelines. Roof load requires twenty-five (25) psf. roof load and wind load of fifteen (15) psf. All manufactured/mobile homes shall possess necessary building permits as required by the Town of Castle Valley and Grand County. NONCOMPLYING BUILDING: A building, structure or portion thereof that legally existed before its current land use designation; and because of one or more subsequent changes to Town Land Use Regulations, does not conform to the setback, height restrictions, or other regulations excluding those regulations which govern the use of land. A noncomplying building or structure must have been maintained continuously since the time the Town Land Use Regulation was enacted or changed to make the building or structure noncomplying and not abandoned for a period of one year or more. NONCONFORMING LOT OF RECORD: A parcel of land which does not conform to the area, frontage and/or width requirements for a zoning lot, but which was shown on the records of the county recorder as a legally platted independent lot, on original subdivision plat, prior to the effective date of a Town Land Use Regulation. NONCONFORMING USE: A use of land that legally existed before its current land use designation, but because of one or more subsequent changes to a Town Land Use Regulation, does not conform to the regulations that now govern the use of the land. A nonconforming use must have been maintained continuously since the time Town Land Use Regulations were enacted or changed to make the land use nonconforming and not abandoned for a period of one year or more. NONPERMANENT CONDITIONAL USE PERMIT: A conditional use permit for a nonpermanent use of land as listed in section 4.5. Nonpermanent conditional use permits do not run with the land and must be renewed each year. (See also definitions for Conditional Use, Home Occupation, Permanent Conditional Use Permit, and Premises Occupation.)NONROUTINE APPLICATION: A Land Use Application that is not routine; is expressly identified as nonroutine according to this Land Use Ordinance; or that may be sufficiently unique as to require advice or other services to the Town by professional parties to properly evaluate its compliance with Town Land Use Regulations and its impact in the zone in which the land use it to be located. NURSERY, BOTANICAL: A place where trees and other plants are raised for transplanting or for sale. NURSERY, DAY-CARE: A home or building in which children are tended or kept for compensation. A nursery, day-care does not provide overnight accommodations for such children as does a foster home or orphanage. PERMANENT CONDITIONAL USE PERMIT: A conditional use permit for a permanent building or structure as listed in section 4.5. Permanent conditional use permits run with the land and transfer to the new owners automatically and are not required to be renewed each year. (See also definitions for Conditional Use, Home Occupation, Nonpermanent Conditional Use Permit, and Premises Occupation.) PERSON: An individual, corporation, partnership, association, trustee, or other legal entity. PREMISES: A zoning lot together with buildings and structures located thereon. PREMISES OCCUPATION: An occupation for compensation conducted on a lot and/or within one Accessory Structure in addition to a Dwelling situated on the same lot. (See also definitions for Conditional Use, Home Occupation, Nonpermanent Conditional Use Permit, and Permanent Conditional Use Permit.) PRIMARY DWELLING: For the purposes of an Internal Accessory Dwelling Unit, a Primary Dwelling is a Dwelling that is occupied by the owner of record as the primary residence, as recognized by the Grand County Assessor. PUBLIC PARKS AND PLAYGROUNDS: Shall mean a tract of land which is owned by the public and which has been partially or totally improved, developed or designated for recreational purposes. RENTAL DWELLING UNIT: A Dwelling Unit that is available to be rented, leased, or hired out for a period of thirty (30) days or longer. ROOF: Anything that covers a building or structure. ROUTINE APPLICATION: A Land Use Application that involves uses expressly permitted by Town Land Use Regulations in the zone in which the land use is located, and does not require the imposition of conditions. SETBACK: The shortest distance between the outside surface of the foundation, wall or main frame of a building, septic system or well, to the legally platted street easement line, side property line or back property line. SHORT-TERM RENTAL: Rental of property or improvements on property for a period of less than thirty (30) days to a person or persons not residing in the Town of Castle Valley. The Short-term Rental of property as defined herein is a commercial use of property. In this land use ordinance, Short-Term Rentals are not permitted. SIGN: A publicly displayed board bearing advertising or information. SOLAR ENERGY SYSTEM: a system of solar photovoltaic panels or modules and their ancillary equipment that relies upon sunshine as an energy source and is capable of collecting, distributing and storing (if appropriate to the technology) the sun's radiant energy. A solar energy system includes, but is not limited to, ground-mounted, pole-mounted, roof-mounted and building-mounted photovoltaic panels or modules, and light pole and electric charging station-mounted solar panels or modules. STORY: That portion of a building included between the surface of a floor and the ceiling next above it that is five (5) feet or more in height. SURFACE WATER: streams, other Watercourses, lakes and reservoirs; or stormwater runoff, snow melt runoff, surface runoff, street waters related to street maintenance, infiltration and drainage. TEMPORARY ACCESSORY DWELLING FOR MEDICAL PURPOSES (TAD): A recreational vehicle, park trailer, or HUD approved single-wide manufactured home to be used exclusively for immediate family members who are certified infirm, or for caregivers who are assisting the occupants of the main Dwelling who are certified as infirm. TEMPORARY DWELLING: A manufactured mobile unit (other than a mobile home) designed and permitted by its manufacture as a temporary residence for travel, recreational, and vacation use, including recreational vehicles such as: travel trailers, park trailers, camp trailers, motor homes, truck campers and vans and installed as a Dwelling and occupied for any length of time, i.e. intermittent occupancy or long-term residency. A travel trailer shall not require special highway movement permits when towed on public highways, and shall not exceed eight (8) feet in width of forty (40) feet in length. A park trailer shall not exceed an area of 400 square feet. The unit must be self-contained or attached to a septic system approved by the Local Health Department. A Temporary Dwelling is considered a Dwelling. Only one Dwelling is permitted on a legally platted lot in the Town (except that an unused recreational vehicle may be stored while not in use). TOWN COUNCIL: The Castle Valley Town Council, which includes the Mayor and Council members. UNNECESSARY HARDSHIP: A general restriction placed upon a lot with respect to setback or area where, by reason of exceptional narrowness, shallowness, shape, land condition or topography of such lot, a literal enforcement of the general restrictions would result in an unfairness to the owner compared to the owners of other lots in the same zone and/or which literal enforcement would be unnecessary in order to achieve the intent of the zone. The hardship shall not have been created by an act of any property owner. UPDES: The Utah Pollution Discharge Elimination System, which is the state/national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Sections 307, 318, 402, and 405 of the Clean Water Act. VARIANCE: A waiver or modification of a setback, an area requirement or height requirement of Town Land Use Ordinances, as distinguished from a conditional use, to be determined by the Appeal Authority. WATERCOURSE: A permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries Surface Water, including catch basins. WILDLAND URBAN INTERFACE: The zone where structures and other human development meets, or intermingles with, undeveloped wildland. CHAPTER 2 AMENDMENT 2.1 AMENDMENTS TO THE ZONE AND MAP This land use ordinance, including any future map, may be amended. All proposed amendments shall be submitted to the Planning and Land Use Commission and will be considered within 30 days. All proposed rezoning shall follow the Master Development Plan/Rezoning Ordinance of the Town of Castle Valley. 2.2 WRITTEN PETITION REQUIRED Any person seeking an amendment of this land use ordinance or map shall submit to the Planning and Land Use Commission a written petition designating the change desired and the reason therefore and shall pay a filing fee of $25.00 to the Town Clerk. Upon receipt of the petition the Planning and Land Use Commission shall consider the request and make its recommendation to the Town Council. The Planning and Land Use Commission shall schedule a public hearing. At the public hearing the interested parties and citizens shall have an opportunity to be heard. The public hearing may be continued from time to time at the discretion of the Planning and Land Use Commission. Notice of the time and place of such hearing shall be posted at three (3) places within the town and published in the newspaper of general circulation within the town as may be required by the law of the State of Utah. The Town Council and the Planning and Land Use Commission may also initiate amendments to this land use ordinance. 2.3 INTENT WITH RESPECT TO AMENDMENTS It is hereby declared to be public policy that this land use ordinance shall not be amended unless it can be shown that changed or changing conditions make the proposed amendment necessary to promote the purposes of this land use ordinance and reflect the General Plan of the Town of Castle Valley.