11.02 DEFINITIONS

For the purpose of this Title, the following words and phrases shall, unless defined differently in a particular section, have the meanings respectively ascribed to them: 1. Bay Window. A window or series of windows projecting from the outer wall of a building and forming a bay in a room and a projection outward from the main wall. 2. Building. Any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. a. Main building. The principal building upon a lot. b. Setback line requirement. A line requirement designating the minimum distance which buildings must be set back from a street or lot line. c. Building, accessory. A subordinate building, the use of which is incidental to that of the main building 3. Bump-Out. A cantilevered extension to a building that expands an existing room outward past the structural footings or foundation. 4. Compost. Organic matter that has been decomposed and recycled as a fertilizer and soil amendment 5. Carport. A structure with one or two or no walls for the shelter of automobiles with permanent footings. 6. Certified Agency. A public agency with regulatory oversight as delegated by applicable law or regulation. 7. Common Area. Property that a community association, as defined in Utah Code, owns, maintains repairs or administers. 8. Conditional Use. A use which requires a recommendation from the Planning Commission and an approval from the Town Council prior to issuing a permit for construction or prior to the use commencing. Also, a use which requires individual consideration of surrounding conditions and circumstances prior to approval. Approval by the Planning Commission or Town Council may be given with conditions. 9. Development. Disturbance of the property for a structure, road, utility service, retaining wall, or any other improvement that is used to support human habitation or structures of any use. 10. Drainage Corridor. An above-ground water, gully or impression in the landscape that carries storm water runoff or spring water. 11. Dwelling Unit. Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one family, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. 12. Environmental Assessment Review Statement. A statement prepared by an engineer in conjunction with a geologist, or other person qualified by training or experience, as determined by the Planning Commission, which indicates or describes the impact that the project will likely have on the natural features of the immediate area, and which describes the measures that will be taken to lessen the occurrence of adverse conditions. The impact statement shall describe the impact the project will likely have on the natural features of the immediate area. The statement shall also indicate the measures that will be taken to mitigate any negative conditions that will occur as a result of the project with respect to: a. Re-seeding of cuts and fills. b. Control of erosion within the project area c. Provisions for potable water, including ability of existing or proposed infrastructure to deliver culinary water, provide fire flow, water storage, and any other concerns of the Town Engineer. d. Disposition of geologic hazards which will be hazardous to safety or any aspect of the development. Special attention shall be given to the discussion concerning soil conditions. A soils engineer shall be consulted in the preparation of the impact statement. The statement shall include preliminary information concerning the existing water table, bed rock conditions, and the engineering report. e. Provisions for proper disposal of sanitary sewer wastes, including ability of existing or proposed infrastructure to take sewer water, provide for treatment and storage for treated effluent in the existing facility, and any other concerns of the Midway Sanitation District and Heber Valley Special Service District engineers. f. Prevention of the accumulation of weeds and debris both during construction of the infrastructure and throughout the build out of the entire project, including if a project is to be phased into more than one plat. g. Disposition of existing vegetation and the establishment of new vegetation. h. Disposal of surface water run-off and conditions relating to flood hazards for a 25-year, 24- hour storm disposal of storm water runoff in relation to off-site requirements. Study shall also show the effects of a 100-year storm on the development and affected surrounding areas as directed by the Town Engineer. i. Study declaring existence of and showing protection for wetlands, wildlife habitat (including migration patterns) ridgelines/hillsides, stream corridors, subsurface or surface geothermal features and mounds (whether active or not), and other natural features as required in the Sensitive Lands Overlay Zone Chapter of this Title. j. Provisions for disposal of solid wastes 13. Exaction. A requirement imposed as a condition of land use that is subject to the following standard. The Town may impose an exaction or exactions on proposed land use development if: a. An essential nexus exists between a legitimate governmental interest and each exaction; and b. Each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development. 14. Family. One or more persons living together as a single housekeeping unit in a dwelling unit. 15. Fence. A fence up to six (6) feet in height. 16. Floor Area, Gross. The total of all square footage within a given structure measured from outside faces of each wall. 17. Fractional Numbers and Measurements. In meeting the requirements of this Title, all fractions of numbers above one-half shall be construed to mean the next highest whole number. All fractions one-half or less shall be construed to mean the next lowest whole number. 18. Frontage. The distance between the two (2) side lot lines of a parcel, measured along the street (or, on a corner lot, streets) which the parcel is allowed to access. Corner lots shall have the required minimum lot frontage on both streets. For purposes of this title, temporary turnarounds, dead ends of roadways, or emergency accesses shall not be used as frontage. 19. Grade. The ground surface elevation of a site or parcel of land. 20. Grade, Existing. The Grade of a Property prior to any proposed construction activity, including the effects of any previous man-made site disturbance. 21. Grade, Final. The finished or resulting Grade where earth meets the Building after completion of the proposed Development Activity. 22. Grade, Natural. Elevation of the existing surface of the land prior to commencement of construction of any proposed improvements or any previous man-made site disturbance. Natural grade, when not readily established due to prior modifications in terrain, shall be fixed by reference elevations and slopes at points where the prior disturbance appears to meet the undisturbed portions of the subject property or the undisturbed grade of adjacent properties. The estimated Natural Grade shall tie into the elevation and Slopes of adjoining Properties without creating a need for a new retaining wall, abrupt differences in the visual Slope and elevation of the land or redirecting the flow of run-off water. This term is a base point to be used to establish the basis for compliance with Town height limitations in stated circumstances. 23. Grading. Any earthwork or activity that alters the Natural or Existing Grade, including but not limited to excavation, filling or embanking. 24. Grow Light or Plant Light. An artificial light source, generally an electric light, designed to stimulate plant growth by emitting an electromagnetic spectrum appropriate for photosynthesis. 25. Guest. A person staying in a house by permission of the owner without compensation to the owner. 26. Height of Building. Depending on the slope of the property, Building Height is defined as either the vertical distance from “natural grade” to the top of the building roof, roof element, or building structure directly above, or the vertical distance from the lowest floor plane which has an exterior entrance or a partially or fully exposed wall on the downhill side of the dwelling, to the highest point of the roof or roof element or building structure above. See Section 11.06.070 for specific maximum building height requirements and how to calculate (measure) maximum building height. 27. Home Occupation. Any occupation conducted within a dwelling which is clearly secondary in importance to the home as a dwelling or place to live and carried on only by persons residing in the dwelling. 28. Hydroponics. The cultivation of plants in a nutrient-rich solution rather than in soil under controlled conditions of lights, temperature, and humidity. 29. Landscaping. Some combination of planted trees, shrubs, vines, ground cover, or flowers, or lawns. In addition, the combination of design may include rocks and such structural features as fountains, pools, art works, screens, walls, fences, walks, or benches, but such objects alone shall not meet the requirements of this Title. 30. Land Use Plan. A plan recommended by the Planning Commission and adopted and maintained by the Town Council, which shows how land should be used. It is also an element of the General Plan. 31. Licensed Engineer. A professional or structural engineer licensed to practice in Utah by the Department of Professional Licensing. 32. Lot. A single parcel or tract of land. a. Lot, corner. A lot situated at a junction of two public streets or situated on a curved street where the radius of the curve is 35 feet or less and where the angle formed by the intersection of the tangent is 105 degrees or less. b. Lot, interior. A lot other than a corner lot. c. Lot of record. A lot designated in an approved subdivision or a lot legally created, said lot or subdivision being created prior to the current zoning designation. This lot would be recorded pursuant to statute in the County Recorder's office. A lot of record may or may not coincide with zoning requirements. 33. Lot Width. The distance between the two (2) side lot lines of a parcel measured at the required minimum building setback. 34. Manufactured Home. See State of Utah law and definitions. 35. Modular Home. See State of Utah law and definitions. 36. Non-Complying Structure. A structure that: (a) legally existed before its current land use designation; and (b) because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations which govern the use of land. 37. Non-Conforming Building. A building, structure, or portion thereof, which does not conform to the regulations of the Title applicable to the zone or district in which such building is situated but which was in existence on the effective date of this Title. 38. Non-Conforming Use. A use of land that: a. Legally existed before its current land use designation; b. Has been maintained continuously since the time the land use ordinance governing the land changed; and c. Because of one or more subsequent land use ordinance changes does not conform to the regulations that now govern the use of the land. 39. Overhang. The part of a roof that extends over the side wall or end wall of a building. 40. Parking Space. Space within a building or parking area, exclusive of driveways, ramps, columns, office and working area, for the parking of a motor vehicle, not less than 20 feet in length and not less than nine feet in width. 41. Planting/Landscape Plan. A plan showing the location, type, and size of plants. It shall indicate irrigation equipment, curbs, berms and other protective features around the edge of the planting beds. 42. Recreational Vehicle Camper/Travel Trailer/Motor Home. A vehicle unit, other than a mobile or manufactured home, primarily designed as a temporary dwelling for travel, recreational and vacation use, which is either self-propelled or is mounted on or pulled by another vehicle. 43. Sensitive Overlay Zone Map. A map provided by the Town showing the sensitive areas of Interlaken Town 44. Setback. The shortest distance between the property line and the foundation, wall, a framing member of the building supporting a floor, or roof (a deck shall not be considered a floor; however, a support for a roof over a deck shall be the point for measuring setbacks). For an exterior wall with a Bump-Out, the Setback is measured as the shortest distance between the property line and the exterior wall of the Bump-Out. For a Bay Window that includes livable indoor floor space, the Setback is measured as the shortest distance between the property line and the exterior wall of the Bay Window. For more information regarding setback requirements, see Section 11.04.070. 45. Short Term Rental. A property or portion thereof that is rented or leased for 30 days or less. 46. Sign. Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public but not including a flagpole. a. Sign, Accessory. A sign which directs attention to a business or profession, conducted on the premises. b. Sign, Area of. The area of a sign shall be considered to include all lettering, wording, and accompanying designs or symbols together with any background material, whether painted or applied. Where a sign consists of individual letters attached to or painted on a building or wall or window the area of the sign shall be considered to be that of the smallest rectangle which encompasses all the letters or symbols. c. Sign, Non-accessory Billboard. A sign which directs attention to a business, commodity service, or entertainment, which is conducted, sold, or offered elsewhere than on the premises. 47. Slope, Percent. The level of inclination of land from the horizontal plane, determined by dividing the horizontal run or distance of the land by the vertical rise of distance of the same land and converting the resulting number value into a percentage value. For example, if vertical rise is 2 feet and horizontal run is 10 feet, then percent slope equals 2 divided by 10, multiplied by 100 percent, or 20 percent. 48. Street. Any thoroughfare serving as the principal means of access to property. 49. Storm water Drainage Plan. A proposed method for containing the increase of rainwater on the property due to development, so that it doesn’t pool up at the foundation, runoff onto neighbors’ property, or cause flooding. 50. Subdivision. The division of a tract, lot, or parcel of land into two or more lots, plots, sites, or other division of land for the purpose, whether immediate or future, of sale or for building development. 51. Substantially Complete. The culinary water, secondary water, sewer, and storm water, must be installed sufficiently complete to function for the intended purpose. All electrical and natural gas utilities installed, and all utility conduits have been installed sufficiently complete to function for the intended purpose. 52. Tank. A storage container for storing culinary water. 53. Town Engineer. An approved engineer acting as the Engineer for Interlaken Town. 54. Town Planning Staff. Those members of the Town Staff, including the Town Planner, with the professional experience and responsibility to review and enforce this Title. 55. Variance. A waiver of a specific regulation of this Title granted by the Appeal Authority in accordance with the provisions set forth in this Title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same zone. 56. Yard. An open space on the same lot with a building unoccupied or unobstructed from the ground upward, except as otherwise provided in this Title. a. Yard, front. The minimum horizontal distance between the street line and the front line of the building or any support posts for projections thereof, excluding non-enclosed steps. On a corner lot, the front yard may be applied to either street. b. Yard, Rear. An open area or unoccupied space on the same lot as a building, measured from the rear line of the building (exclusive of steps) to the rear line of the lot, and extending for the entire width of the lot. On a corner lot, the rear yard may be applied to either of the interior lot lines, but does not enter the front or side yard, which faces the street. c. Yard, Side. The open space between the building and the sideline of the lot and extending from the front yard to the rear lot line. On a corner lot, one of the side yards must face upon the remaining street after the front yard street frontage has been designated. 57. Zoning Lot. A tract of land designated for purposes of this Title as the project site. A zoning lot may or may not coincide with a lot of record.