11A-109 Administration (part 1 of 2)

The Council shall designate the Garden City Clerk or Assistant Clerk to receive and process all subdivision applications. The Planning Commission will make recommendations to the Council with regard thereto. The Planning Commission Chair and members of the Commission shall serve at the will of the Council according to the Bylaws of the Commission. A. For the purpose of this ordinance, 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; the word “shall” is always mandatory and the word “may” indicates the use of discretion in making the decision. Words not included herein but defined in the International Building code shall be construed as defined herein.) 1. Accessory Building. A detached building located upon the same lot occupied by the main residential or commercial building. 2. Agriculture The tilling of the soil, the raising of crops, horticulture and gardening, including the keeping or raising of domestic animals and fowl, and not including business such as fur farms, animal hospitals, milk and feed lots, and livestock auctions. 3. Agriculture Tourism. Agriculturally related accessory uses designed to bring the public to a farm or ranch, for items such as farm animal viewing and petting, wagon rides, farm or ranch activities tours, horticulture nurseries and associated display gardens, classes or workshops and similar uses. 4. Alley A minor public way twenty-six (26) feet or less in width providing secondary access to the back or the side of property otherwise abutting a street. 5. Apartment Court Any building or group of buildings, which contain dwelling units; see Dwellings, Group. 6. Apartment Hotel Any building which contains dwelling units and also satisfies the definition of a hotel, as defined in this ordinance. 7. Apartment House See dwellings, multiple-family. 8. Apartment Motel Any building or group of buildings which contain dwelling units, and also satisfies the definition of a motel, as defined in this ordinance. 9. As-built drawings Plans and specifications, certified by the subdivider's engineer, depicting the location, type and details of improvements installed by the subdivider. "As constructed drawings" and "as-built drawings" are synonymous 10. Basement A story partly underground. A basement shall be counted as a story for the purposes of height measurement if its height is one-half (½) or more above grade. 11. Bed & Breakfast A dwelling that is a residence of the owner of the business, serves one or more meals per day, and provides overnight accommodations for short term guests that stay for less than 30 consecutive days. The establishment must be operated by the owner of the dwelling, who must live on the property. Sleeping accommodations for guests shall be located only within the dwelling and shall be limited to four guestrooms. No more than two adults may occupy one guestroom. There shall be no separate kitchen or cooking facilities for any guestrooms. An additional oversized parking stall is required if there is more than 3 guestrooms. A bed and breakfast is a permitted use within C1, C2, C3, HM zones. A bed and breakfast may be permitted as a conditional use in RE/AG, R1, RR, HE, and HC zones. Adjacent property owners within 300 feet in RE/AG, R1, RR, and HE must agree in writing for a bed and breakfast to be permitted in these zones. Bed and Breakfasts must comply with the applicable requirements for short term rentals found in 8-600-616. 12. Bench Mark Is a mark affixed to a permanent or semi-permanent object along a line of survey to furnish a datum level. 13. Block A group of lots, tracts, or parcels within well-defined boundaries, usually streets. 14. Boarding House A commercial building with not more than five (5) guest rooms where, for compensation, meals are provided for at least five (5) but not more than fifteen (15) persons. A Boarding House is a permitted use within C1, C2, C3 and HM zones. 15. Building Any structure, either permanent or temporary, having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels. 16. Building Accessory See Accessory Building definition. 17. Building envelope The site for location of a structure delineated on a preliminary plat and final plat within which the entire building must be constructed. A building envelope shall conform to all minimum zoning ordinance requirements and requirements of this ordinance. 18. Building, Public A building owned and operated or owned and intended to be operated by a public agency of the United States of America, of the State of Utah, or any of its subdivisions. 19. Campground Any area or tract of land used or designed to accommodate two (2) or more recreational vehicles, vacation trailers, motor coaches, tent trailers, tents, glamping tents, campers, camping cabins, yurts, or camping parties wherein such trailers, coaches, tents, campers or camping parties remain overnight. 20. Campground Party Any person or group of persons who remain in an area or tract of land overnight. 21. Camping Space A parcel of ground in a campground intended to be leased or rented or privately owned and used as a place to camp or park a recreational vehicle. 22. Carport A private garage not completely enclosed by walls or doors. For the purposes of this ordinance, a carport shall be subject to all of the regulations prescribed for a private garage. 23. Clerk The Clerk of the Town of Garden City, Utah 24. Cluster Development A grouping of residential properties on a development site in order to use the extra land as open space and preserve natural habitat. Open space must be a minimum of 70% of the development. All road grades within the cluster development, including ingress and egress must be no greater than what is required under Street Improvement Requirements 11E-514. 25. Commercial Recreational Vehicle Parks: This type of park has unified for the purpose of providing rental space to the general public for recreational vehicles. 26. Commission The Garden City Planning Commission. 27. Community Housing That portion of housing within a planned unit development that meets the following minimum requirements: Affordability requirements for ownership and rental units: a. Ownership Community or Employee Housing Unit means that a unit's selling price shall not exceed the maximum sales prices in which the costs of ownership as set forth below do not exceed thirty (30%) percent of Adjusted Median Income (AMI). The costs of an ownership unit include mortgage principal and interest payments, insurance costs, and property taxes. Income Categories 1-4 shall be considered appropriate categories for the provision of community or employee housing. b. Rental Community or Employee Housing Unit no more than thirty 30) percent of a household's gross monthly income shall go toward housing costs. For a rental dwelling unit, housing costs include a utility allowance (telephone excluded) and monthly rental payments. To be considered affordable, rental units should be made available and priced for households making eighty (80) percent or less of the Town of Garden City AMI. c. Community housing units must be deed restricted to ensure appropriate income levels served, corresponding sales prices, and long-term affordability. d. The following combinations may qualify as Community Housing units: 1. Studio Unit = 1/3 of a Community Housing Unit 2. 1 Bedroom Unit = ½ of a Community Housing Unit 3. 2 Bedroom Unit = 1 Community Housing Unit 4. 3 Bedroom Unit = 1 ½ Community Housing Units 5. 4 Bedroom Unit = 2 Community Housing Units 28. Conditional Use A land use that (because of its unique characteristics or potential impact on the municipality, surrounding neighbors, or adjacent land uses) may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. 29. Condominium A unit consisting of an undivided interest in common in real property, in an interest or interest in real property, or any combination thereof, together with a separate estate in real property, in an interest or interests in real property, or any combination thereof. 30. Condominium Development A method of development wherein the air space within a structure(s) is owned separately on a free basis whereas the structure(s) and common elements are owned jointly in common by all owners of units in the development. 31. Council The Garden City Town Council. 32. County recorder The office of the Rich County Utah recorder. 33. 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 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 dimension measured at right angles to its width. 34. Covenants, private A written promise, covenant, restriction, or rule imposed upon land by the property owners or land developers which are private in nature and enforced accordingly. Such covenants do not replace or impair the validity of the restrictions or regulations imposed by this ordinance or any other applicable ordinance of the Town of Garden City or governmental entity having jurisdiction thereover. 35. Dedication The setting apart of land, or interest in land for use by the public. Land becomes dedicated when accepted by the Council as a public dedication by ordinance, 36. Development plan A master plan for development of a planned unit development (PUD) or a phased project establishing location of required improvements and all existing and proposed structures together with a schedule for development thereof. 37. Dormitories Any building arranged or designed for two or more dwelling units and with three (3) or more sleeping rooms per unit. 38. Double Frontage Lots A lot having a frontage on two or more nonintersecting streets, as distinguished from a corner lot. 39. Driveway A non-dedicated vehicular access constructed on private property which provides vehicular and/or pedestrian access to not more than one (1) dwelling unit (excluding accessory dwelling units) and is constructed in conformance with the applicable adopted street standards and International Fire Code. 40. Dwelling Any building or portion thereof, which is designed for use for residential purposes, except for the following: hotels, apartment hotels, boarding houses, lodging houses, motels, apartment motels, fraternities, sororities, trailers, mobile homes, or dormitories. All dwelling units must have a minimum of 600 square feet, with no side of the dwelling less than 12’ wide. 41. Dwelling, Single-Family A building arranged or designed to be occupied by one family, the structure having only one dwelling unit. 42. Dwelling, Two-Family A building arranged or designed to be occupied by two families, the structure having only two (2) dwelling units. 43. Dwelling, Three-Family A building arranged or designed to be occupied by three families, the structure having only three (3) dwelling units. 44. Dwelling, Four-Family A building arranged or designed to be occupied by four families, the structure having only four (4) dwelling units. 45. Dwelling, Multiple-Family A building arranged or designed to be occupied by more than four (4) families. 46. Dwelling, Group Two or more dwelling structures occupying the same lot and having yards and open spaces in common. 47. Dwelling Unit One or more rooms in a dwelling, apartment hotel or apartment motel, designed to be 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). 48. Easement A grant by a property owner to a specific person(s) or the public right to use land for specific purpose(s). Also, such a right acquired by prescription. 49. Engineer An officially licensed and registered engineer by the state of Utah. 50. Engineer, Town A representative of the Town authorized to check plats and provide on-site inspections to insure compliance with the provisions of this ordinance. 51. Existing Residences: A dwelling which is capable of being lived in or is currently being lived in. 52. 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, lodging house, or hotel, as herein defined. 53. Farmer’s & Artisan’s Market A Farmer’s Market consists of individual vendors, who set up booths, tables or stands to sell homegrown produce, fruits, flowers, baked goods, meats (USDA approved), fresh eggs, handcrafted items, fine art directly to consumers. Artisan’s music is allowed. It will be open Fridays from 5 pm to 8 pm in June, July and August (except Raspberry Days Weekend.) All vendors and products must be pre-approved by the Farmer’s Market committee. Signs will be permitted two hours prior to starting and must be removed immediately after. 54. Floodplain The relatively flat area or low land adjoining the channel of a stream of a river, stream, lake or other body of water which is subject to the hazards and inundation on a one hundred (100) year frequency, as identified and defined in the Flood Insurance Study and Flood Boundary and Floodway Map prepared by the Federal Insurance Administration of the U.S. Department of Housing and Urban Development in conjunction with the U.S. Army Corps of Engineers. 55. Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot, as identified and defined in the Flood Insurance Study and Flood Boundary and Floodway Map prepared by the Federal Insurance Administration of the U.S. Department of Housing and Urban Development in conjunction with the U.S. Army Corps of Engineers. 56. 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 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. 57. Garage, Private. A building designed or used for the storage of not more than four (4) automobiles owned and used by the occupants of the building to which it is accessory, provided that on a lot occupied by a multiple dwelling, the private garage may be designed and used for the storage of two (2) times as many automobiles as there are dwelling units in the multiple dwelling. A garage shall be considered part of a dwelling if the garage and dwelling have a roof or wall in common. It will be more than 161 sq. ft. 58. Garage, Public A building or portion thereof other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor driven vehicles. 59. General Plan The officially adopted master plan of the Town of Garden City, Utah. 60. Governing body The Council composed of elected or appointed officials of the Town of Garden City, Utah. 61. Grade The grade is measured and determined prior to any land excavation and at the location where the structure will be constructed, not the entire lot. The height of structure is measured from the average undisturbed existing lot grade to the highest point of the building (Average is defined as the midway between the highest and the lowest point on the ground). 62. Gross Density The number of dwelling units per acre within the boundaries of a parcel. 63. Gross Leasable Area (GLA) The total floor area designed for tenant occupancy and exclusive use, including any basements, mezzanines, or upper floors, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces. GLA is the area for which tenants pay rent; it is the area that produces income. In the retail business, GLA lends itself readily to measurement and comparison; thus, it has been adopted by the shopping center industry as its standard for statistical comparison. Accordingly, GLA is used for shopping centers. For strip centers, discount stores and freestanding retail facilities, GLA usually equals GFA. 64. Height The vertical distance of a building measured from the elevation of the lowest floor to the highest point of the building, including any structures, equipment, or appurtenance located above the roof level. Exceptions for copula’s not to exceed 20 square feet, chimneys and church spires shall be determined by a Garden City Building Official. a. Before any soil is excavated or disturbed. The structure location is to be staked out and elevations determined. This is the responsibility of the Contractor and homeowner with the Building Inspector present. With the building inspector present the average of those elevations shall then be transferred to a grade stake for final height reference. If this means of determining height is used the Garden City Building Official may determine height off the average elevation to the highest point of the structure excluding chimneys and cupulas. If said grade stake is disturbed any time throughout the building process then the height of the structure shall be measured from the lowest point of the structure. b. The maximum height of a building or structure within a PUD/PRUD cannot exceed 35’, unless circumstances support the approval by the Planning Commission and Town Council at time of preliminary and final plat approval. 65. Highway A Street designed or designated as a highway by the state or federal agency responsible therefore. 66. Home Occupation shall mean any business activity which is conducted within a dwelling and is clearly incidental, secondary and in addition to the use of the structure for dwelling purposes. Home occupation shall not include the following business activities taking place at the dwelling: a. Motor vehicle, small engine, trailer or boat repair; b. Any use involving the storage or sale of inflammable, explosive or hazardous materials; c. Junkyards; d. Mortuaries or crematoriums; e. Sexually oriented businesses; f. Auto body and/or fender work; g. Towing operations; h. Vehicle, trailer and boat sales or rentals; i. Welding, iron works, foundries; j. Manufacturing, excluding hobby and small handicrafts. Home occupation shall include the use of the home by a beauty shop, lawyer, clergyman, engineer or other professional person. The following standards shall apply to home occupations. a. The primary use of the dwelling must be residential. b. The business owner is responsible for complying with all applicable health, fire, building and safety codes. c. Customers shall be allowed at the residence only if scheduled on an appointment basis, and are only allowed between the hours of seven a.m. and ten p.m. Group lessons or sessions shall not exceed six people at a time. d. No exterior remodeling shall take place that would change the residential appearance of the home. e. The storage or display of supplies, inventory, equipment or materials in any portion of the yard is prohibited. f. Only those tools, equipment, or electric apparatus that are commonly used as accessories to or in conjunction with residential uses are allowed to be used as part of the home business. g. Home occupations must be conducted in such a manner as not to emit or create excessive odors, smoke, dust, heat, fumes, light, glare, sounds, noises, vibrations or interference with radio and/or television reception. h. No vehicle larger than a passenger car, van or one ton pickup truck is allowed to be brought to, or parked on the property in conjunction with a home occupation. i. If the applicant for a home occupation is not the property owner, the applicant must obtain written authorization of the property owner or manager to apply. 67. Home Occupation Daycare/Preschool: An occupied residence used for the paid compensated business of care, supervision, guidance and instruction up to four (4) children, unaccompanied by parents or guardians, including the owner/resident’s children of preschool ages, for less than twenty-four (24) hours per day. The Home Occupation business shall comply with the State Fire Marshall regulations and the local building code and licensing requirements; and, when applicable, shall comply with the State of Utah Licensing operational and licensing requirements. Owner Operator shall provide Utah BCI background check. Failure to comply and pass will result in loss of business license. An occupied residence used for the paid compensated business of care, supervision, guidance and instruction of five (5) to eight (8) children, unaccompanied by parents or guardians, including resident’s children of preschool ages, for less than twenty-four (24) hours per day. This size of residential business shall comply with the State of Utah’s Residential Child Care Certification as provided for the Title 26-39-105.5. 68. Home Occupation Daycare/Preschool and Daycare Preschool Centers: Under these definitions, a Home Occupation Daycare/Preschool and a Daycare/Preschool Center do not include a day treatment for children who have emotional, psychological, developmental, or behavioral dysfunctions, impairments, or chemical dependencies and do not include confinement or correctional alternatives. 69. Hotel A building containing individual sleeping rooms designed for or used temporarily by tourists or transients, with associated parking on the same property. 70. Household Pets Animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats and canaries, but not including a sufficient number of dogs to constitute a kennel as defined in this ordinance. Household pets may also include the keeping of not more than twelve (12) chickens, four (4) pigeons, two (2) mature rabbits, one (1) lamb not over eight (8) months old, and two (2) ducks; no roosters are allowed by this ordinance. Chickens must be kept in a coup or pen on owner’s property. This ordinance will not supersede the CC&R’s of any subdivision if they don’t allow animals. Property owners must comply with the more restrictive, the CC&R’s or this ordinance. 71. Improvements means any alteration to the land or construction associated with the construction or installation of streets, easements, drainage facilities, curbs, gutters, sidewalks, water system, sewage system, storm sewers, gas, electric or telephone lines, lot pin monuments and other such items associated with the subdivision and/or development of land, including grading or fill of land. 72. Improvements required Those subdivision improvements required to be constructed after preliminary plat approval and prior to final plat approval by the Council. 73. Infrastructure Public systems, services and facilities that are necessary for economic activity, which may include: power and water supplies, gas, sewer, curb and gutter, sidewalks, ingress and egress, storm water drainage, public transportation, telecommunications, roads, schools, and any other improvements deemed public systems, services or facilities. 74. Inn An Inn is considered to be a bed and breakfast that may or may not serve meals. All bed and breakfast requirements are applicable to an Inn. 75. 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. 76. Junkyard Any place, establishment or business maintained, used or operated for storing, keeping, buying or selling junk, or for the maintenance or operation of any automobile graveyard, and the term includes garbage and sanitary fills 77. Kennel The keeping of three (3) or more dogs at least four (4) months old. 78. Kitchen An area within a structure that is used or designed to be used for the preparation or cooking of food that contains one or both of the following: a. Cooking appliances or rough-in facilities including, but not limited to: ovens, convection ovens, stoves, stove tops, built-in grills, microwave ovens or similar appliances using 220 volt electrical outlets or any gas lines. b. A sink less than 18 inches in depth with a waste line drain 1 ½ inches or greater in diameter AND a refrigerator exceeding five (5) cubit feet in capacity or space opening with an electrical outlet that may reasonably be used for a refrigerator exceeding five (5) cubic feet in capacity. 79. Life safety inspection The Garden City Building Official has inspected and approved the following items within the building as completed, including, but not limited to: handrails, guardrails, tempered glass, address, smoke detectors, and fire separation requirements. 80. Livestock Feedyard A commercial operation on a parcel of land where livestock are kept in corrals or yards for extended periods of time at a density which permits little movement, and where all feed is provided for the purpose of fattening or maintaining the condition of livestock prior to their shipment to a stockyard for sale, etc. 81. Lodging House A building where lodging only is provided for compensation. A Lodging House is a permitted use within C1, C2, C3 and HM zones. 82. 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 ordinance and having frontage upon a street. Except for group dwellings not more than one (1) dwelling structure shall occupy any one (1) lot. Lot means the parcel, plot, tract, or other area of real property intended for sale, transfer, lease, or encumbrance. a. Vacant Lot refers to a piece of land, that is not currently used or developed, meaning it has no permitted buildings or structures on it. 83. Lot, area The area within the boundaries of a lot, exclusive of any of the area contained within a public or private street, alley, fire lane, or private driveway easement. Also, exclusive of any narrow strip of land connecting a lot set back from any public street for the purpose of providing driveway access with that street. 84. Lot, buildable A lot that contains land outside of the floodway which conforms to all ordinance requirements and where the slope is less than twenty-five (25) percent. 85. Lot, Corner A lot abutting on two intersections or intercepting streets, where the interior angle or intersections or interception does not exceed one hundred thirty- five (135) degrees. 86. Lot, Interior A lot other than a corner lot. 87. Manufactured Home A single-family dwelling transportable in one or more sections which has been built in accordance with the federal Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act in one or more sections, which in the traveling mode, is twelve (12) body feet or more in width or fifty-four (54) body feet or more in length, or when erected on site, is six hundred (600) 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 includes the plumbing, heating, air-conditioning, and electrical system. All manufactured homes constructed on or after June 15, 1976, shall be identifiable 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. 88. Mobile Home Is a dwelling unit for conveyance after fabrication, on streets and highways on its own wheels or on a flatbed or other trailer and arriving at the site where it is to be occupied as a dwelling unit complete and ready for occupancy, except for minor incidental unpacking and assembly operations such as location on jacks or other foundation or connection to utilities. A prefabricated home or structure shall not be included in this definition. 89. Mobile Home Park Any site or tract of land under single ownership, upon which two (2) or more mobile/modular homes for habitation are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such park. 90. Mobile Home Space A parcel of ground in a mobile home park, intended to be leased or rented as a place to park a mobile home or manufactured home for dwelling purposes. 91. Modular Housing A house or prefabricated house or dwelling unit constructed in a factory in two (2) or more parts and transported to its permanent site, such dwelling unit conforming to all construction standards of the International Building Code. 92. Modular Unit A structure built from sections which are manufactured in accordance the construction standards adopted by the state pursuant to Section 58- 56-13, UCA, 1953 as amended of the Utah State Code and transported to a building site, the purpose of which is for human habitation, occupancy, or use. 93. Motel A group of attached or detached buildings containing individual sleeping rooms designed for or used temporarily by automobile tourists or transients, with garage attached or parking conveniently located to each unit. 94. Natural Waterways Those areas, varying in width, along streams, creeks, springs, gullies, or washes which are natural drainage channels as determined by the Building Inspector, in which areas no buildings shall be constructed. 95. Net Density The number of dwelling units per acre within the boundaries of a parcel or building site after utility rights-of-way, dedications, and easements that prohibit the surface use of the site are deducted. 92. Non-Buildable Areas. “Non-Buildable Areas” are areas designated on a subdivision plat in which construction is prohibited. Areas may be designated as non-buildable due to but not limited to steep slopes, soils types, natural drainage corridors, canal channels, wetlands, or other constraints which create potential hazards to life, limb, or property. Any specific prohibitions, in addition to prohibiting construction within a non-buildable area, should be clearly specified on a plat or other appropriate document. 93. Nonconforming Building or Structure A building or structure or portion thereof, lawfully existing at the time of this ordinance became effective, which does not conform to all the height, area and yard regulations herein prescribed in the zone 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. in which it is located. Nonconforming Use A use which lawfully occupied, a building or land at the time this ordinance became effective and which does not conform with the use regulations of the zone in which it is located. Nuisance, Public The raising of livestock, animals or fowl, if noise, odor, or other objectionable side effects shall result; such other actions as loud or irritating sounds, flashing lights or signs, offensive odor or normally acceptable practices carried on at late hours may also be declared a public nuisance. Nursing Home An institution providing residence and care for the aged. Off-Site Facilities Improvements not on individual lots but generally within the boundaries of the subdivision, which they serve, and as further outlined herein. Official Map Shall mean any map adopted by the Town Council under the provisions of Title 10-9-804 Utah Code Annotated, 1953, as amended. Official Monument Is a stone or other object set in the earth and described by a governmental agency to mark a boundary line or corner. On-Site Facilities Construction of the dwelling and its appurtenant improvements on each lot. Open Space - Common. Designated “Common Open Space” consists of parts of subdivisions that have been designated within the subdivision as commonly held property. Such may include amenities within the subdivision, non-development or constrained development areas, which are owned or to be owned in common by the lot owners. Such may be, but is not required to be, accessible to the public. Open Space – Private; or Non-buildable Area(s). Designated “Private Open Space” or Non-Buildable Area(s)” (these two terms may be used interchangeably) consists of parts of subdivisions that have been designated for non-development or constrained development and which are not owned by the public, nor held in common by a group of lot owners, but instead are owned by the lot owner for the lot in which the designated space is located. Open Space – Public. Designated “Public Open Space” consists of parts of subdivisions that have been designated for non-development or constrained development and which are owned or to be owned by the public, or otherwise required to be accessible to the public. Overnight Campground Any area or tract of land used or designed to accommodate two (2) or more vacation trailers, motor coaches, tent trailers, tents, campers, or camping parties wherein such trailers, coaches, tents, campers or camping or camping parties remain overnight. Owner The individual, firm, association, syndicate, partnership, or corporation, holding fee simple title evidenced by a deed recorded in the office of the Rich County recorder. Parcel of Land A continuous quantity of land, in possession of or owned by or recorded as the property of, the same claimant person. Land in one ownership, but physically divided by a public highway, road or street is considered continuous under this definition, and may therefore be used as an individual parcel of land. Park Model: Recreational vehicle designed for year round use. Must be 5 years old or newer, less than 500 sq. ft. (which would require a building permit), no 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. metal roof or metal skirting, must meet current building codes, snow and wind loads, must be connected to culinary water and sewer to each pad. A maximum of one (1) 8’ x 10’ shed per site is allowed, no metal sheds. 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 The space within a building, lot or parking lot for the parking or storage of one (1) automobile See Ordinance 11C-304 for parking space specifications.. Performance bond is a surety bond issued by an insurance company or a bank to guarantee satisfactory completion of specific public improvements. The bond must be executed by a licensed surety company, registered to do business in the state of Utah which guarantees that the subdivider will perform all actions and install all required improvements or his surety will pay the costs thereof and damages up to the amount of the performance bond. No personal checks shall be allowed as performance bonds. Person Is any individual, corporation, partnership, firm or association of individuals however styled or designated. Phased development - Development of a parcel of land in stages either as a series of subdivisions or as a single parcel with construction of buildings and/or improvements over a series of years. Planned unit development - means development of a discrete parcel or group of parcels of land in which the standard land use regulations may be modified or waived in order to promote beneficial development of an entire tract of land in conformance with an approved planned unit development permit accentuating mixed use, useable open space, recreational uses, public amenities, community housing, and harmonious development with surrounding properties and the county at large. For purposes of this ordinance, a planned unit development may be and hereinafter is referred to as a "PUD" or planned unit development. Planning Commission The planning commission of the Town of Garden City, Utah. Planting strip A strip of land within a subdivision not less than ten (10) feet in width across which there is no driveway, street, or other access, and which is devoted exclusively to landscaping, primarily trees of not less than five feet in height. The primary purpose of planting strips is screening of streets, highways, adjacent incompatible land uses, and off-street parking areas. Plat, final A map of a subdivision, planned unit development (PUD), or dedication, and in conformance with the approved preliminary plat, and prepared in accordance with this ordinance, and Utah Code, as amended or subsequently codified. Plat, preliminary A preliminary plan prepared in conformance with this ordinance submitted together with such other documentation as required by this ordinance. Plat, recorded A final plat which has been accepted by the Council and filed with the Rich County recorder. Prefabricated Housing A house or modular housing or dwelling unit constructed in two (2) or more parts and transported to its permanent site, such dwelling unit 120. 121. 122. 123. 124. 125. 126. 127. 128. conforming to all construction standards of the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act. Private or Semi-Private Recreational Vehicle Parks: This type of park has various types of ownership possibilities, such as individual lot ownership (subdivision), condominium, and a unified ownership where memberships are sold. Public hearing notice - Notice of a public hearing before the Council or planning commission published at least seven (7) or no less than fourteen (14) days prior to said meeting in the official newspaper of the Town of Garden City, Utah. Furthermore, all property owners within three hundred (300) feet of the subject property shall be notified by first class mail. Such written notification shall be deemed sufficient if deposited in the mail to all property owners according to the records of the Garden City clerk at least ten (10) days prior to said meeting and public hearing. The notice shall contain a description of the size and location of the subject property and shall inform the reader of the time and place of the meeting at which the public hearing will be held. Private or Semi-private Recreational Vehicle Parks This type of park has various types of ownership possibilities, such as individual lot ownership (subdivision), condominium, and a unified ownership where memberships are sold. Property, Intervening Shall mean property located between the existing utilities and public service facilities, and the property under development. Readjustment of lot lines A change or modification of the boundary lines between existing lots or parcels of land or between dwelling units which does not reduce the area, frontage, width, depth, or building setback lines of such lot below the minimum zoning requirements and which does not create additional lots or dwelling units. Readjustment of lot lines is intended to include other minor changes to a subdivision, condominium or townhouse plat such as, but not limited to, notation changes, boundary shifts and removal of lot line(s), each of which do not reduce the area, frontage, width, depth, or building setback lines of each lot below the minimum zoning requirements nor create additional lots or dwelling units. Recreational Vehicle An RV is a vehicle designed as temporary living quarters for recreational, camping, travel or season use. RV’s may be motorized (motor homes, caravan and camper van) or towable (travel trailers, folding camping trailers, 5th wheel camper trailers, boats with sleeping cabins and truck campers). Off-road vehicles are not included in the RV definition. Recreational Vehicle Park Refer to ordinance 11A-200-18 Campground for definition. Recreational Vehicle Space Refer to ordinance 11A-200-18 Campground for definition. Roadway: An existing or proposed thoroughfare road which has been designed and constructed for public or private use by proper public authority; a road dedicated or abandoned to the public and accepted by proper public authority, a road which has been made public by right of use and which affords the principal access to abutting property or public lands. The term roadway also includes the terms highway, thoroughfare, street, parkway, road, avenue, boulevard, lane, place, alley, court, public way, sidewalk, gutter crosswalk, and all such terms, 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. except driveway as herein defined. Roadway, Access: A means for a motor vehicle to move from roadway to roadway or between private property and the public roadway. Roadway, Alley: An existing or proposed public road having a minimum right of way width of thirty (30’) feet, which serves as a secondary means of access to abutting property. Roadway, Arterial: An integrated network of continuous routes that serves to link cities and towns and provide for statewide and interstate travel. Arterials roads provided for travel density greater than collector and local roadway systems. Roadway, Cul-de-sac: A public or private roadway longer than 150’ having one open end and terminated at the other end by a turnaround of 100 feet in diameter at the property line with a paved diameter of 85 feet, or a T-turn or a V-turn around with each turn around section being at least 100’ in length. Measurements must be shown on final plat. These turnaround areas shall indicate “No Parking – Fire Lane” with reflective material signs and/or red painted curbs. The roadway leading to the cul-de-sac may not exceed 1000’ in length as measured from the center of the intersection of a connecting through street to the center of the turnaround area. If surface water drains into the turnaround due to the grade of the street, necessary catch basins and drainage systems and easements shall be provided. Any deviation of this ordinance will require the approval of the local Fire Authority. Roadway, staff portion of flag lot: A road having a minimum right of way width of thirty (30’) feet and maximum length of one hundred fifty (150’) and meeting Garden City road standards that serves to access the flag portion of the lot. Roadway, Local: An existing or proposed road having a minimum right of way width of sixty (60’) feet and a minimum graded asphalt surface of twenty-four (24’) feet with limited continuity that serves a smaller number of dwellings and the local needs of the neighborhood. Compacted gravel instead of asphalt may be approved by the Planning Commission on a private roadway. Roadway, Major Collector: An existing or proposed road having a minimum right of way width of one hundred (100’) and a minimum graded asphalt surface of thirty-six (36’) feet that prohibits on-road parking and serves to convey a high volume of traffic between arterial, minor collectors, and local roads. Roadway, Minor Collector: An existing or proposed road having a minimum right of way width of sixty six (66’) feet and a minimum graded asphalt surface of twenty-four (24’) feet that serves to convey traffic to more dwellings and includes through traffic between local roads and major collectors. Compacted gravel instead of asphalt may be approved by the Planning Commission on a private roadway. Roomer: One who occupies a hired room in another's house. Service Center is a facility or unit providing support, repairs, and related products and services. Set Back. The separation between a building and an adjacent lot line or an imaginary lot line separating buildings in the case of multiple buildings on the same property. 140. Sign means and includes every advertising message, announcement, declaration, demonstration, merchandise display, illustration, insignia, surface or space erected, indirectly illuminated, or forced air, or maintained in view of the observer thereof for identification, advertisement, or promotion of the interests of any person, entity, product, or service, and shall include the sign structure, supports, lighting system, indirect illumination, and any attachments, ornaments, or other features used to draw the attention of observers. Sign does not include any flag, badge, or ensign of any government or governmental agency erected for and used to identify said government or governmental agency. a. Alter. Any change to a sign other than general maintenance or altering of changeable copy. b. Clear View Area. An area near a driveway or street corner. c. Community Use. The uses which have the primary purpose of serving the educational, recreational, religious, or governmental needs of the community in general. Such uses may include churches, public and private educational institutions, private educational institutions, private non-profit recreation grounds, public parks, public buildings, public facilities, cemeteries, and other similar uses. d. Flag, Banners. A flag or banner made of flexible materials. e. Front Footage of Building Occupancy. A single lineal dimension measured horizontally along the front major entrance of a building which defines the limits of a particular occupancy at the location. f. Frontage. The distance between the two (2) side lot lines of a parcel measured along the street or streets of a corner lot which the parcel is allowed access. g. Height of Sign. The vertical distance measured from the average grade to the highest point of said sign. h. Occupancy. A separate use of property carried on at all or a portion of a building or parcel. i. Product. Any item that is actually for sale by the business. j. Setback. The shortest horizontal distance between the boundary line of a lot and the building or structure or part thereof. For the purposes of this Title “setback” for signs shall be from the leading edge of the sign. k. Sign, area of. The entire area within a single continuous perimeter composed of squares or rectangles which enclose the extreme limits of the advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface, or space of a similar nature, together with any frame or other material, color, or condition which forms an integral part of the display and is used to differentiate such sign from the wall or background against which it is placed: excluding the necessary supports or uprights on which such sign is placed. Further, where a sign consists only of individual letters, numbers, symbols, or other similar components and is painted on or attached flat against the wall of a building, and where such individual components are without integrated background definition and are not within a circumscribed frame area, the total area of the sign shall be the sum of the areas of the square or rectangles surrounding each individual sign component. l. Sign, Campaign. A sign urging the election or defeat of any candidate seeking any political office, or urging the passage or defeat of any ballot measure, but does not mean or include any billboard owned or maintained by a commercial firm or advertising company. m. Sign, Construction. A sign related to the property upon 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. n. Sign, Directional. Means any sign which serves wholly to designate the location or direction of any place or area on the premises to which it pertains. o. Sign, electronic variable message. A sign that has an electronic message display that can be changed. p. Sign, home occupation. A sign associated with a legally approved home business. q. Sign, identification. A sign which serves to tell only the name, address, and lawful use of the premises upon which it is located. A bulletin board of a public charitable, or religious institution used to display announcements relative to meetings held on the premises shall be deemed an identification sign. r. Sign, intensely lighted. A sign which is obtrusive to the surrounding area because of its intensity or blinking. s. Sign, memorial. A sign or tablet that states the manes of buildings or the date of the buildings erection and cut into the surface or façade of a building. t. Sign, neighborhood identification. A permanent sign that only designates the neighborhood or tract name. u. Sign, nonconforming. A sign legally existing at the time of its erection or prior to the effective date of this Title which does now not conform with use regulations of the district in which it is located. v. Sign, off-premise. Any sign not located on the premises of the business or entity indicated or advertised by said sign. This definition shall include billboards, poster panels, painted bulletins, and other similar advertising displays. Products and brands sold at a business are not considered offpremise. w. Sign, permanent. A sign which is permanently affixed to the ground with a footing designed to meet the requirements of the sign ordinance as well as the International Building Code. x. Sign, projecting. Any sign which is located, in whole or in part, in or over the right-of-way of any street, sidewalk, alley, or other public thoroughfare. y. Sign, public necessity. A sign informing the public of any danger or hazard existing on or adjacent to the premises. z. Sign, real estate. A sign related to the property upon which it is located and offering such property for sale or lease. aa. Sign, subdivision development. A sign related to the property upon 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 a project. bb. Sign, trespassing. Any sign which warns against the trespassing onto a parcel of property or structure. cc. True Value. The cost of materials and labor to replace the sign structure. 141. Solar access Unobstructed access to direct sunlight upon land or a building. 142. Stable, Private A detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration; hire or sale. 143. Stable, Public A stable other than a private stable. 144. Stand Alone, (Phasing) – Individual phases of the development plan in a Commercial development, Subdivision, PUD/PRUD must meet all infrastructure requirements when that phase is completed. Those infrastructure requirements must be maintained for each completed phase throughout construction of any additional phases either by keeping the original infrastructure intact or by construction of alternate infrastructure which meets the requirements. 145. Standard specifications for design and construction of improvements as specified in this Ordinance or other ordinances or resolutions of the Town of Garden City, or by any other governmental entity having jurisdiction thereof, including subsequent amendment or codification. 146. State The State of Utah. 147. Steep Slope Area. An area of steep slope is defined as such that when the highest points of any measured slope line for points within the area have a 30% or steeper slope. Such slopes are measured by the steepest slope downhill from such points and measuring the slope from those points over a horizontal distance of sixty feet (60’). 148. Storage Facility One or more buildings or structures, consisting of completely enclosed compartments and at least one lockable means of ingress/egress. Such buildings shall be used primarily for the storage, safekeeping, and protection of goods, materials, equipment, vehicles, records, inventory, or personal property. A storage facility may include commercial warehouses, self-storage complexes with individual rental units, and accessory storage buildings serving residential, commercial, agricultural, or industrial uses. Storage facilities shall not be used for human habitation. Storage facilities must comply with all zoning setbacks. 149. Storage Shed any accessory structure, either freestanding or attached to another structure, that is not classified for human habitation or occupancy and is intended as per its original design and construction to be primarily used to store personal property. 150. Storage Structures, Shipping and Cargo containers, railroad cars, truck vans, converted mobile homes, travel trailers, recreational vehicles, bus bodies, vehicles, and similar prefabricated items and structures originally built for the purposes other than the storage of goods and materials. 151. Story The space within a building included between the surface of a floor and the surface of the ceiling next above. 152. 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. 153. Street See Roadway definition 154. Street, arterial See Arterial Roadway definition. 155. Street, collector See Major Collector Roadway definition and Minor Collector Roadway definition 156. Street, cul de sac See Cul-de-Sac Roadway definition. 157. Street, dead-end A Street connected to another street at one end only and not having provision for vehicular turnaround at its terminus. 158. Street, frontage A minor street, parallel to and adjacent to an arterial street which has the primary purpose of providing access to abutting properties. 159. Street, loop A residential street with both terminal points on the same street of origin. 160. Street, partial A dedicated right-of-way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land where remaining right-of-way widths can be obtained from adjacent properties where said properties are subdivided. 161. Street, private A street constructed on private property, which provides vehicular and pedestrian access to multiple family dwelling units or more than four (4) dwelling units (excluding accessory dwelling units), however, not accepted for dedication or maintenance by the Town. 162. Street, residential See Local Roadway Definition. 163. Structure Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground. 164. Structural Alterations Any change in supporting members of a building, such as bearing walls, columns, beams, or girders. 165. Subdivision. Shall mean the division of a tract, or lot or parcel of land into two or more lots, plots, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development or redevelopment provided, however, that divisions of land for agricultural purposes shall be exempt. 166. Subdivider The individual, firm, corporation, partnership, association, syndicate, trust, or any other legal entity that files application and initiates proceedings for subdivision of land in accordance with provisions of this ordinance. If the subdivider is not the owner of the property he shall be the agent of the owner as evidenced by a recorded power of attorney for said purpose. 167. Tent. A tent is for temporary use and can be up for no more than ten (10) consecutive days. At the end of the 10 days the tent must be removed for 10 days before it can return; with the exception of a conditional use permit approval. 168. Town Shall mean the Town of Garden City. 169. Townhouse development A planned project of two or more townhouse units that may be constructed as single building(s) containing two or more townhouse units erected generally in a row, each unit being separated from the adjoining unit or units by a one-hour fire resistant party wall or walls extending from the basement floor to the roof along the dividing townhouse sublot line, each unit having its own access to the outside, and no unit located over another unit in part or in whole; and/or may be constructed as single buildings containing single townhouse units provided the separation between units and/or buildings complies with applicable codes. All townhouse developments shall be platted under the procedures contained in the subdivision ordinance. 170. Townhouse sublots The lots resulting from platting a townhouse development. Townhouse sublots shall have a minimum area equal to that of the perimeter of each individual townhouse unit measured at the foundation whether located independently or within a building containing two or more townhouse units in a townhouse development. Said sublots shall not be buildable for structures other than a townhouse unit as defined herein. Platting of sublots shall follow the procedures set forth in the subdivision ordinance and other applicable codes in effect. Detached garages may be allowed in a townhouse development and may be platted on separate sublots, provided that the ownership of said detached garages is tied to specific townhouse units on the townhouse plat and in any owner’s documents and that the detached garage(s) may not be sold and/or owned separate from any dwelling unit(s) within the townhouse development. 171. Townhouse unit One or more rooms, including a bathroom, and a single kitchen, designed for or occupied as a unit by one family for living and cooking purposes, located in a townhouse development on a platted townhouse sublot. 172. Trailer Camp A mobile home park. 173. Trailer House A mobile home. 174. Twenty-five (25) percent grade one-foot change in elevation for every four feet of land measured horizontally. 175. Use, Accessory A subordinate use customarily incidental to and located upon the same lot occupied by a main use. 176. Utilities Installations for providing services to and used by the public, e.g., water, sewer, electricity, gas, television, cable, and similar facilities. 177. Vacation Trailer, Camper, Motor Coach, Tent Trailer A vehicle with or without motive power or wheels, designed to be used for temporary or seasonal human habitation. 178. Variances Any person or entity desiring a waiver or modification of the requirements of the Land Use Ordinance as applied to a parcel of property that he/she owns, leases, or in which he/she holds some other beneficial interest may apply to the Board of Adjustment for a variance from the terms of the land use ordinance. A variance runs with the land. 179. Veterinary or Animal Hospital A building and runs where both large and small animals are kept and/or treated by a licensed veterinarian. 180. Vicinity map A small map showing the location of a tract of land in relation to the City, including existing major streets and highways and surrounding subdivision(s) or large parcels of land. 181. Waiver Modification of a relevant provision and regulation of this ordinance not contrary to public interest or public health, safety, or welfare, and due to physical characteristics of the particular parcel of land and not the result of actions of the subdivision where literal enforcement of this ordinance would result in undue hardship. The granting of waiver(s) shall be upon written application and the