10-6-4 GENERAL DEFINITIONS

A. For the purpose of this title, certain words and terms are defined as follows. Words used in the present tense include the future. Words in the singular number include the plural and the plural the singular. Words not included herein but defined in the Building Code shall be construed as defined therein. AGRICULTURE: The science, art or occupation concerned with cultivating land, raising crops, and feeding, breeding and raising domestic livestock and fowl; also farming and the production of crops, livestock or poultry, but excluding concentrated animal operations. ALLEY: A public thoroughfare twenty six feet (26') or less in width. APPEAL: A review by the identified appellate body of a final decision of the approving body. APPEAL AUTHORITY: The person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or variance. APPLICANT: The owner of title or agent for property that is the subject of an application. APPLICATION: The necessary form and all accompanying documents and other materials required by the Land Use Authority for development review purposes. APPLICATION TO KEEP LIVESTOCK: A request to keep livestock on a parcel that conforms to the requirements of this Code, or to maintain livestock as an authorized pre-existing, nonconforming use. APPROVAL: A decision signed and issued by the Land Use Authority stating that a proposed use complies with the current Town Code. BASEMENT: A story partly underground. A basement shall be counted as a story for purposes of height measurement if its height is one-half (1/2) or more above grade. BUILDING: Any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels. BUILDING, ACCESSORY: A detached, subordinate building clearly incidental to and located upon the same lot occupied by the main building. BUILDING, HEIGHT OF: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between ridge and eaves of a gable, hip or gambrel roof. BUILDING, MAIN: The principal building or one of the principal buildings upon a lot, or the building or one of the principal buildings housing the principal use upon a lot. COURT: An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two (2) or more sides by such building or buildings. The width of a court is its least horizontal dimension, measured between opposite sides in the same general direction as the yard or lot line on which the court opens. The length of a court is its least horizontal dimension measured at right angles to its width. DISTRICT: A portion of the area of Cornish, Utah, shown on a map attached to the ordinance codified herein, which is on file in the Town office, and given a district name. DWELLING: A building or portion thereof, which is constructed in compliance with the Town's adopted Building Codes and designed as a place for human habitation. This does not include hotels, apartment hotels, boarding houses, lodging houses, motels, apartment motels, fraternities, sororities, trailers, or dormitories. DWELLING UNIT: One or more rooms in a dwelling, apartment hotel or apartment motel, designed for or occupied by one family for living or sleeping purposes and having kitchen facilities for the use of not more than one family (other than hot plates or other portable cooking units). FAMILY: One or more persons related by blood, marriage or adoption, occupying a dwelling unit and living as a single housekeeping unit, as distinguished from renters, roomers or as a group occupying a "boarding house" or "hotel", as herein defined. The term "family" shall not be construed to mean a group of unrelated individuals, a fraternity, club or institutional group. FINDINGS: Statements of the Land Use Authority identifying the reasons and basis for the action taken; also referred to as findings of fact. FLOODPLAIN: An area adjoining a river, stream, watercourse, or body of standing water in which a potential flood hazard exists when the area experiences a 100-year storm, including any area designated as a floodplain by the Federal Emergency Management Agency (FEMA) of the United States government. These areas have additional regulations located within title 12 of this Code. FOWL: As relates to livestock and livestock husbandry, this includes pigeons, chickens, ducks, geese, and pheasants. FRONTAGE: All property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of a dead end street or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. GEOLOGIC HAZARD: A hazard inherent in the crust of the earth or artificially created, which is dangerous or potentially dangerous to life, property, or improvements due to the movement, subsidence, or shifting of the earth. The term includes, but is not limited to, unstable slopes, faults, landslides, and rock fall. GRADE: 1. For buildings adjoining one street only, the elevation of the sidewalk at the center of that wall adjoining the street. 2. For buildings adjoining more than one street, the average of the elevations of the sidewalks at the centers of all walls adjoining the streets. 3. For buildings having no wall adjoining the street, the average level of the ground (finished surface) adjacent to the exterior walls of the building. All walls approximately parallel to and not more than five feet (5') from a street line are to be considered as adjoining a street. JUNK: Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste or junked, dismantled or wrecked automobiles or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material. LAND USE AUTHORITY: A person, board, commission, department, agency, or other body designated by the legislative body to act upon the land use application. LAND USE ORDINANCE: A planning, zoning, development, or subdivision ordinance of the Municipality, but does not include the General Plan. LIVESTOCK: Domesticated farm animals (i.e., cows, horses, sheep, goats, fowl, and rabbits), but does not include cats, dogs, or a household pet as defined in this Code. LOT: A parcel of land occupied or to be occupied by a main building, or group of buildings (main and accessory), together with such yards, open spaces, lot width and lot area as are required by this title and having frontage upon a street. Not more than one dwelling shall occupy any one lot. LOT, CORNER: A lot abutting on two (2) intersections or intercepting streets, where the interior angle or intersection or interception does not exceed one hundred thirty five degrees (135°). LOT, INTERIOR: A lot other than a corner lot. LOT/PARCEL COVERAGE: The percentage of the area of a lot/parcel which is occupied by covered structures. At the discretion of the Planning Commission, the design of the remaining open space shall be reviewed and approved by the Planning Commission. NATURAL WATERWAYS: Those areas, varying in width, along streams, creeks, springs, gulleys or washes which are natural drainage channels as determined by the building inspector, in which areas no buildings shall be constructed. NONCONFORMING BUILDING OR STRUCTURE: A building or structure or portion thereof, lawfully existing at the time the ordinance codified herein, or an amendment to it, became effective, which does not conform to all the height, area and yard regulations herein prescribed in the zone in which it is located. Front, rear, and side setbacks are defined as follows: 1. Front: The area of a lot or parcel of land extending across the frontage and being the minimum horizontal distance between a street or road right-of-way/easement line and the principal building or any projection thereof other than steps, unenclosed balconies and unenclosed porches. The front setback of a corner lot is the area adjacent to the designated front lot line. 2. Rear: The area of a lot or parcel of land extending across the rear width and being the minimum horizontal distance between the primary building, or any projection thereof other than steps, unenclosed balconies and unenclosed porches, and the rear lot line. 3. Side: An area of a lot or parcel of land extending between the side lot line and the principal building or any projection thereof other than steps, unenclosed balconies and unenclosed porches. 4. Other: Any distance required between a structure or site improvement and a set feature (i.e., floodplain, geologic hazard, accessory building, etc.). NONCONFORMING USE: A use which lawfully occupied a building or land at the time the ordinance codified herein, or an amendment to it, became effective and which does not conform with the use regulations of the zone in which it is located. PARKING LOT: An open area, other than a street, used for the temporary 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: Space within a building, lot or parking lot for the parking or storage of one automobile. PLANNING COMMISSION: An official body of Cornish Town as authorized by the laws of the State of Utah, to perform those duties as allowed by State law and this title. PROPERTY LINE: The boundary line of a lot, parcel, or tract of land. PUBLIC HEARING: As defined by section 17-27a-103, of Utah Code Annotated, 1953, as amended. PUBLIC MEETING: As defined by section 17-27a-103, of Utah Code Annotated, 1953, as amended. RESTRICTED LOT: A parcel of land which does not meet all area, width, yard, frontage and other requirements of the ordinance codified herein for a lot. ROOMER: One who occupies a hired room in another's house. SETBACK: The minimum required distance between any structure and the property lines of the lot in which it is located. The front, of fact. SIGN: Any device used for visual communication to the general public and displayed out of doors, including signs painted on exterior walls, and interior illuminated signs to be viewed from out of doors, but not including any flag, badge or ensign of any governmental agency. SIGN, ADVERTISING: A sign which directs attention to a use, product, commodity or service not related to the premises. SIGN, BUSINESS: A sign which directs attention to a use conducted, product or commodity sold, or service performed upon the premises. SIGN, IDENTIFICATION: A sign displayed to indicate the name or nature of buildings or uses other than commercial or industrial uses located upon the premises. SIGN, NAMEPLATE: A sign indicating the name and/or occupation of a person or persons residing on the premises or legally occupying the premises, or indicating a home occupation legally existing on the premises. SIGN, PROPERTY: A sign related to the property on which it is located and offering such property for sale or lease, or advertising contemplated improvements, or announcing the name of the builder, owner, designer or developer of the project, or warning against trespassing. SIGN, PUBLIC INFORMATION: A sign erected by a public or nonprofit agency, service club, etc., giving information to direct the public to both public and private facilities and major uses. SIGN, TEMPORARY: Temporary signs shall include any sign, banner, pennant or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a short period of time only. STORY: The space within a building included between the surface of any floor and the surface of the ceiling next above. STORY, HALF: A story with at least two (2) of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds (2/3) of the floor immediately below it. STREET: A public thoroughfare which affords principal means of access to abutting property, and is more than twenty six feet (26') wide. STRUCTURAL ALTERATIONS: Any change in supporting members of a building, such as bearing walls, columns, beams or girders. STRUCTURE: Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground. USE, ACCESSORY: A subordinate use customarily incidental to and located upon the same lot occupied by a main use. USE, CONDITIONAL: A land use that, because of its unique characteristics or potential impact on the Town, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. Also see chapter 13, "Conditional Uses", of this title. UTILITIES: All lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, telecommunication and telephone cables and the generation of power as further defined herein. VARIANCE: As defined by section 17-27a-702, of Utah Code Annotated, 1953, as amended. WIDTH OF LOT: The distance between the side lot lines at the distance back from the front lot line required for the depth of the front yard. YARD: A space on a lot, other than a court, unoccupied and unobstructed from the ground upward by buildings, except as otherwise provided herein. YARD, FRONT: The required space on the same lot with a building, existing or proposed, 1. Between the front line of the building (exclusive of steps) and the front lot line, or; 2. Sixty feet (60') from the nearest edge immediately adjacent road/street); 3. Whichever of the two (2) measured distances creates the greatest distance between the immediately adjacent road/street right-of-way or property line and the front line of the building (exclusive of steps), and extending across the full width of the lot. YARD, REAR: A space on the same lot with a building, between the rear line of the building (exclusive of steps and chimneys) and the rear line of the lot and extending the full width of the lot. YARD, SIDE: A space on the same lot with a building, between the sidelines of the building (exclusive of steps or open stairways) and the sideline of the lot and extending from the front yard line to the rear yard line. ZONE: A portion of the area of Cornish, Utah, shown on the zoning map attached to the ordinance codified herein, which is on file in the Town office, and given a zone name; and may include one or more "districts", as defined and designated by this title. CHAPTER 7 SCHEDULE OF USES