14.12.020 DEFINITIONS: Definitions (part 1 of 2)

Those County land use definitions specified at U.C.A. 17-27a-103, and adopted by reference in the Sanpete County General Plan, are adopted by reference and shall apply to like terms and phrases used in this title. Those definitions specified in the Utah Building Inspector and Factory Built Housing Licensing Act (U.C.A. 58-56-3 ) are also adopted by reference. Unless the context requires otherwise, the words and terms defined in this title shall have the meanings indicated. The particular controls the general. The word “shall” is always mandatory and not directory; the word “may” is permissive. Words used in the present tense include the future, unless the context clearly indicates the contrary. Words used in the singular number include the plural, and words used in the plural number include the singular. Words not included herein but defined elsewhere in Utah State Code (as amended) shall be construed as defined herein. Any word not defined herein shall mean the literal definition of the word or the accepted definition in the latest edition of Webster’s Dictionary. As used in this title: 1. Access - A strip of land which is part of a lot and provides access to the part thereof used or to be used for buildings or structures. 2. Accessory Dwelling Unit - A habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one (1) lot. 3. Accessory Dwelling Unit, Detached - An accessory dwelling unit that is not connected to or contained within the primary dwelling. 4. Accessory Dwelling Unit, Internal - An accessory dwelling unit created: within a primary dwelling; within the footprint or building area of the primary dwelling at the time the internal accessory dwelling unit is created; and for the purposes of offering a long-term rental of thirty (30) consecutive days or longer. 5. Accessory Structure or Use - A detached subordinate structure or a use which is clearly incidental or subordinate to, and customarily found in connection with, the principal structure or use to which it is related, and which is located on the same lot as the principal structure or use. 6. Adult Day Care Facility - The care and support to three (3) or more functionally impaired adults through a comprehensive program that provides a variety of social, recreational, and related support services in a licensed health care setting. 7. Adult Entertainment - An establishment that: a) provides amusement or entertainment which is distinguished or characterized by an emphasis on material depicting, describing, or relating to specified sexual activities or specified anatomical areas; b) features topless dancers, exotic dancers, strippers, male or female impersonators, or similar entertainment; or c) a book or video store having the substantial or significant portion of its trade in books, magazines, periodicals or other materials which are distinguished or characterized by their emphasis on specified sexual activities or specified anatomical areas; or d) a theater used exclusively or primarily for presenting material distinguished or characterized by specified sexual activities or specified anatomical areas for observation by persons 18 years of age or older on the premises. 8. Adversely Affected Party - A person other than a land use applicant who owns real property adjoining the property that is the subject of a land use application or land use decision; or will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. 9. Affected Entity - A county, municipality, local district, special service district as outlined in §17D1 of Utah State Code (as amended), school district, inter-local cooperation entity as outlined in §1113 of Utah State Code (as amended), specified property owner, property owner’s association, public utility, or the Utah Department of Transportation (UDOT) if: a. the entity’s services or facilities are likely to require expansion or significant modification because of an intended use of land; b. the entity has filed with the County a copy of the entity’s general or long-range plan; or c. the entity has filed with the County a request for notice during the same calendar year and before the County provides notice to an affected entity in compliance with a requirement imposed under §17-27a of Utah State Code (as amended). 10. Affected Owner - The owner of real property that is: a single project; the subject of a land use approval that sponsors of a referendum timely challenged in accordance with §20A-7-601 of Utah State Code (as amended); and determined to be legally referable under §20A-7-602 of Utah State Code (as amended). 11. Affordable Housing - A dwelling unit for which a household spends no more than thirty (30) percent of its gross income for housing costs. Rental housing costs include contract rent and utilities. Owner occupied housing costs include mortgage principal and interest, property taxes, insurance, and, where applicable, homeowner's association fees. 12. Agriculture - Any use of land for the growing and harvesting of crops for sale for profit, or used which are directly ancillary to the growing and harvesting of crops, which is the exclusive or primary use of the lot, plot, parcel, or tract of land; including processing crops to the generally recognizable minimum level of marketability; or the open range grazing of livestock; or irrigated pasture for grazing of livestock. It shall not include livestock raising activities other than what has been previously defined as agriculture; nor shall it include retailing of goods on the premises, any agricultural industry or business, such as fruit packing, plants, fur farms, animal hospitals or similar uses. Also, excluded from agriculture are mechanized industrial animal farms, commercially operated greenhouses, commercial milk farms and commercial dog kennels, and commercial feeding of garbage to swine or other animals or operating for the disposal of garbage, sewerage, and rubbish. 13. Agricultural Packing and Warehousing - A facility used for the storing, sorting, cleaning, sacking, or transshipment of agricultural products. It does not include processing functions. Sorting and cleaning mean handling to the generally minimum level of marketability. 14. Agricultural Processing - Cooking, dehydrating, refining, bottling, canning, or other treatment of agricultural products which changes the naturally grown product for consumer use. 15. Agriculture Production - The processing or retail marketing of any crops, livestock, and livestock products. 16. Agricultural Protection Area - a geographic area created under the authority of the state that is granted the specific legal protections contained in §17-41 of Utah State Code (as amended). 17. Airports, Heliports, and Landing Fields - Any area of land which is used or intended for use for the landing and taking off of aircraft; and appurtenant areas which are used or intended for use for airport buildings or other airport facilities or right of way, together with all airport buildings and facilities located thereon. 18. Alteration, Building - Any change in the structure which will increase the number of dwelling units, the floor area, or height of the structure. 19. Animal Feeding Operation - A lot or facility where the following conditions are met: a. animals have been, are, or will be stabled or confined and fed or maintained for a total of forty-five (45) days or more in an twelve (12) month period; and b. crops, vegetation, forage growth, or post-harvest residues are non-sustained in the normal growing season over any portion of the lot or facility. 20. Animal Unit - A term used to establish an equivalent density for various species of livestock. The following animals shall have the following animal unit equivalents: Animal Animal Unit Example Cattle/Buffalo/Horse 1 animal unit (1 Buffalo per 1 AU) Horse (34 inches or less at withers) .2 animal unit (5 Horses per 1 AU) Swine/Ostrich .2 animal unit (5 Swine per 1 AU) Goat/Sheep/Llama .2 animal unit (5 Goats per 1 AU) Poultry .02 animal unit (50 Chickens per AU) Mink and similar furbearing animals .02 animal unit (50 Mink per AU) Other Livestock 1 animal unit (1 Elk per AU) Young animals shall not be counted until they are weaned. Horses include mules and donkeys. 21. Alternative Power - Another source or means of supplying energy such as solar, wind, etc. that can be considered an equivalent substitute for conventional commercial power. This does not include a gas generator in a soundproof building or solar panels that are attached directly to a Single Family Dwelling home or cabin. 22. 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 a variance. 23. Area - The aggregate of the maximum horizontal cross-section within given boundaries. 24. Artificial Light Source - Any exterior source of light emanating from a man-made device, including but not limited to, incandescent, mercury vapor, metal halide or sodium lamps, spotlights, flood lights, landscaping lights, street lights, vehicular lights, construction or security lights. 25. Assisted Living Facility - A residential facility, licensed by the state of Utah, with a home like setting that provides an array of coordinated support personnel and healthcare services, available twenty-four (24) hours per day, to residents who have been assessed under the Utah Department of Health or the Utah Department of Human Services rules to need any of these services. Each resident shall have a service plan based on the assessment, which may include: a. Specified services of intermediate nursing care; b. Administration of medication; and c. Support services promoting resident's independence and self-sufficiency. Such a facility does not include adult daycare provided in conjunction with a residential facility for elderly persons or a residential facility for persons with a disability. 26. Auto Salvage/Wrecking Yard And Allied Operations - The use of premises for the open storage of old, wrecked, non-operable, dilapidated, automobiles, trucks, tractors, and other such vehicles and parts thereof. Any place where motor vehicles not in running condition, or the parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for the dismantling or storing of such motor vehicles or the parts thereof. 27. Base Flood - The flood having a one (1) percent chance of being equaled or exceeded in any given year. 28. Barns and Other Ag Related Structures - A building with no utilities that is used for the storage of farm products or feed and usually for the housing of farm animals or farm equipment. 29. Basement - Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story 30. Bed and Breakfast/Vacation Rental - A residence built expressly for, or converted to, rooms for rent to paying guests on a short term (daily, weekly basis). The residential appearance of the structure is maintained. A bed and breakfast/vacation rental does not include hotel, motel, lodge, or boarding house. Maximum number of bedrooms is five (5). 31. Billboard - a freestanding ground sign located on industrial, commercial, or residential property if the sign is designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located. See the Sanpete County Sign Code. 32. Blight - A condition of a site, structure, or area that may cause nearby buildings and/or areas to decline in attractiveness and/or utility. “Blight” is the term used to determine eligibility of proposed redevelopment project areas. 33. Bed and Breakfast - A residence built expressly for, or converted to, rent rooms to paying guests and to provide breakfast to paying guests on a short term (daily, weekly basis). The residential appearance of the structure is maintained. Definition does not include hotel, motel or boarding house. 34. Boarder - A person living in a rented room in a boarding house. The boarding house operator or member of their immediate family who resides on the premises with the operator, shall not be considered to be a boarder. 35. Boarding House - A building or a portion thereof where, for compensation, rooms are rented together with meals for not more than fifteen (15) boarders who generally do not directly utilize kitchen facilities. The operator of a boarding house must reside on the premises of the boarding house. The work shall include compensation in money, services, or other things of value. A boarding house does not include a residential facility for disabled persons or a residential facility for the elderly. A boarding house does not include a non-residential facility, such as a rehabilitation/treatment facility, where the primary purpose of the facility is to deliver rehabilitation, treatment, counseling, medical, protective or other similar services to the occupants. 36. Bond - A certificate of debt issued by an entity, guaranteeing payment of the original investment, plus interest, by a specified future date. Funds raised through the sale of bonds can be used for various public purposes. 37. Brownfield - An area with abandoned, idle, or under-used industrial and commercial facilities where expansion, redevelopment, or reuse is complicated by real or perceived environmental contamination. 38. Buffer - An area of land including landscaping, berms, walls, fences and building setbacks which is located between land used of different character and is intended to mitigate negative impacts of the more intense use on a residential or vacant parcel. 39. Building - Any structure used or intended for supporting or sheltering any use or occupancy. 40. Buildable Area - The portion of a lot remaining after the setbacks have been provided. 41. Building Code - The State Construction Code referenced in UCA 15a-1-204(8) and the Wildland Urban Interface Code adopted by Sanpete County. 42. Building Design Element - An exterior color; type of style of exterior cladding material; style, dimensions, or materials of a roof structure, roof pitch, or porch; exterior nonstructural architectural ornamentation; location, design, placement, or architectural styling of a window or door; location, design, placement, or architectural styling of a garage door, not including a rear-loading garage door; number or type of rooms; interior layout of a room; minimum square footage over one thousand (1,000) square feet, not including a garage; rear yard landscaping requirements; minimum building dimensions; or a requirement to install front yard fencing. 43. Building, Height Of - The vertical distance in feet to the peak from average grade. 44. Building Official - The official or other person charged with the administration and enforcement of this title or his duly authorized deputy. 45. Building, Public - For purposes of this chapter only, a public building is a building owned and operated, or owned and intended to be operated by the county, a public agency of the United States of America, the State of Utah, or any of its political subdivisions. The use of a public building, with immunity, is non-transferable and terminates if the structure is devoted to a use other than as a public building with immunity. A public building referred to as with immunity under the provisions of this title includes: a. Properties owned by the State of Utah or the United States Government which are outside of the jurisdiction of the county zoning authority as provided under title 17, chapter 27a, section 304, §17-27A-304 Utah Code Annotated, 1953, as amended; and b. The ownership or use of a building that is immune from the County’s zoning authority under the supremacy clause of the United States constitution. 46. Building or Structure, Nonconforming - A building, structure or portion thereof, which does not conform to the regulations of this title applicable to the zone or district in which such building is situated, but which existed prior to the effective date of the resolution codified in this title. 47. Campground - A privately or municipally owned site designed, designated, maintained, intended, or used for the purpose of supplying a location for major recreational equipment/vehicles, open to the public for free or paying camping purposes. 48. Camping Trailer - A canvas or folding structure mounted on wheels and designed for temporary living and housekeeping purposes. 49. Cannabis Production Establishment - Shall mean the same as the term defined in §4-41a-102 of Utah State Code (as amended). 50. Carport - A covered automobile parking space not completely enclosed by walls or doors. A carport shall be subject to all regulations described in this title for a private garage. 51. Cemetery/ Crematoriums - A burial place or grounds owned, operated and maintained by a municipality with endowment care feasibility and disallowed for private persons or entities in all Sanpete County zones. 52. Clear Site Triangle - That area of a property where the driveway or ingress point intersects an abutting street or street corner. 53. Clinic - An establishment where patients are not lodged overnight but admitted for out-patient services. 54. Club - Building and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose. 55. Clustering - The grouping of structures, courts, cul-de-sacs, or short streets more closely than in conventional residential plans in order to preserve agriculture, natural site amenities, and open space. 56. Charter School - An operating charter school; a charter school applicant that a charter school authorizer approves in accordance with §53G-5-3 of Utah State Code (as amended); or an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. Charter school does not include a therapeutic school. 57. Commercial Feed Lot - Any tract on which the principal use is the raising of, or the concentrated feeding of, livestock, fowl, or any other edible animals for the sale of such animals or the sale of products derived from such animals. Does not include dairies. 58. Commercial Recreation, Indoor And Outdoor - a use providing amusement, pleasure, or sport, which is operated entirely within an enclosed building, including but not limited to live theater, indoor tennis, bowling, and skating, baseball batting cages, paintball, riding or similar activities. This use may include associated eating and drinking areas, retail sales areas and staff offices. 59. Common Open Space - The land area in planned unit development (PUD) reserved and set aside for agricultural or recreational use, landscaping, open green areas, parking, and driveway areas for the common use and enjoyment of the residents of the PUD. 60. Concentrated Animal Feeding Operation, Large - An animal feeding operation that stables or confines as many as or more than the numbers of animals specified in any of the following categories: a. seven hundred (700) mature dairy cows, whether milked or dry; b. one thousand (1,000) veal calves; c. one thousand (1,000) cattle other than mature dairy cows or veal calves, with “cattle” including heifers, steers, bulls, and cow calf pairs; d. two thousand five hundred (2,500) swine each weighing fifty-five (55) pounds or more; e. ten thousand (10,000) swine each weighing less than fifty-five (55) pounds; f. five hundred (500) horses; g. ten thousand (10,000) sheet or lambs; h. fifty-five thousand (55,000) turkeys; i. thirty thousand (30,000) laying hens or broilers, if the animal feeding operating uses a liquid manure handling system; j. one hundred twenty-five thousand (125,000) chickens, other than laying hens, if the animal feeding operation uses other than a liquid manure handling system; k. eighty-two thousand (82,000) laying hens, if the animal feeding operation uses other than a liquid manure handling system; l. thirty thousand (30,000) ducks, if the animal feeding operation uses other than a liquid manure handling system; or m. five thousand (5,000) ducks, if the animal feeding operation uses a liquid manure handling system. 61. Conditional Use - A land use that, because of the unique characteristics or potential impact of the land use on the County, 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. 62. Constitutional Taking - A governmental action that results in a taking of private property so that compensation to the owner of the property is required by the Fifth or Fourteenth Amendment of the Constitution of the United States; or Utah Constitution, Article I, Section 22. 63. Construction - The act of breaking ground and erecting a building or structure as defined elsewhere in this section. 64. Corral - A space, other than a building, used for the confinement of animals. 65. Cottage Industry - A small, individual owned business or concern that functions without altering the residential character of the neighborhood, and which does not create any negative impacts on the public health, safety, and general welfare of the adjacent property owners. 66. County Commission - The Elected Board of County Commissioners of Sanpete County. 67. County Utility Easement - An easement that a plat recorded in a county recorder’s office described as a county utility easement or otherwise as a utility easement; is not a protected utility easement or a public utility easement as defined in §54-3-27 of Utah State Code (as amended); the county or the county’s affiliated governmental entity owners or creators; and either no person uses or occupies or the county or the county’s affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data lines; a person uses or occupies with or without an authorized franchise or other agreement with the county. 68. Covenant - A private legal restriction that places a burden on a parcel of land in favor of another parcel. The restriction is recorded in the deed. Covenants are most commonly used in the establishment of a subdivision to restrict the use of all individual lots in the development to a certain type of use (like single-family units), but may also be used to guarantee views and solar access. 69. Critical Infrastructure Materials - Sand, gravel, or rock aggregate. 70. Critical Infrastructure Materials Operations - The extraction, excavation, processing, or reprocessing of critical infrastructure materials. 71. Critical Infrastructure Materials Operator - A natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that: owns, controls, or manages a critical infrastructure materials operations; and has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations. 72. Critical Infrastructure Materials Operations, Vested - Critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the County that existed or was conducted or otherwise engaged in before: a political subdivision prohibits, restricts, or otherwise limits the critical infrastructure materials operations; and January 1, 2019. 73. Crops, Livestock, And Livestock Products - Includes land devoted to the raising of useful plants and animals with a reasonable expectation of profit including: forages and sod crops; rains and feed crops; livestock as defined in §59-2-102 of Utah State Code (as amended); trees and fruits; or vegetables, nursery, floral, and ornamental stock; or land devoted to and meeting the requirements and qualifications for payments or other compensation under a crop-land retirement program with an agency of the state or federal government. 74. Culinary Water Authority - The department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. 75. Curb Cut - A ramp opening in a curb where vehicles or wheelchairs may enter or leave the roadway. 76. Dairy - An area of land on which cows are kept for the purpose of manufacturing, processing or producing dairy products in commercial quantities, as well as the related buildings and equipment. 77. Day Care Center - A building or structure where six or more children are regularly cared for during the day for compensation. 78. Density - Acres per one primary dwelling unit. 79. Design Review - The comprehensive evaluation of a development and its impact on neighboring properties and the area as a whole, from the standpoint of site and landscape design, traffic, drainage, public safety, and signs, in accordance with a set of adopted criteria and standards. “Design Review” refers to a system set up outside of the zoning ordinance, whereby projects are reviewed against certain standards and criteria by the Planning Commission. 80. Developer - Any person, including a governmental agency, undertaking any development. 81. Development - Any man-made change to improved or unimproved real estate including, but not limited to the construction of buildings, structures or accessory structures; the construction of additions, or substantial alterations to buildings, structures or accessory structures; roads, bridges, placement of mobile homes; ditching, lagooning, dredging, filling, grading, paving, excavating or drilling operations, and the deposition or extraction of earthen materials. 82. Development Activity - Any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities; any change in use of a building or structure that creates additional demand and need for public facilities; or any change in the use of land that creates additional demand and need for public facilities. 83. Development Agreement - A written agreement or amendment to a written agreement between the County and one (1) or more parties that regulates or controls the use or development of a specific area of land. A development agreement does not include an improvement completion assurance. 84. Disability - A physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such a problem or being regarded as having such an impairment. The following definitions are incorporated into the definition of disability: a. Disability does not include current illegal use of, or addiction to, any federally controlled substance as defined in section 102 of the controlled substances act, 21 USC 802, or as defined under §58-37 title 58, chapter 37, Utah Code Annotated, 1953, as amended; b. A physical or mental impairment includes the following: i. Any psychological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular, reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or ii. Any mental or physiological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; or iii. Such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus (HIV), mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of controlled substances) and alcoholism. 85. Distribution Center - A facility where the storage and distribution of goods and materials occurs inside a fully enclosed building and which may include the parking and storage of distribution vehicles, and accessory activities. 86. Domestic Livestock - Those fowl, cattle, dairy animals, swine, sheep, goats, and other animals such as horses which are kept or raised for use or for pleasure as part of the overall agricultural operation and which are not part of a commercial feedlot. 87. Domestic Staff - Persons employed or residing on the premises of a dwelling or other residential facility to perform domestic services or to assist residents in performing major life activities. 88. Drainage System - One or more artificial ditches, tile drains, or similar devices which collect surface runoff or groundwater and convey it to a point of discharge. 89. Dry Cleaner - An establishment which has as its sole purpose the cleaning of fabrics with substantially non-aqueous organic solvents. Laundry establishments with self-service, coinoperated dry cleaning machines shall not be classified as a dry cleaner. 90. Dwelling - A building designed or used exclusively as the living quarters of one or more families, but not including hotels, tourist cabins and boarding houses. 91. Dwelling, Primary - A single-family dwelling that is detached and is occupied as the primary residence of the owner of record. 92. Dwelling, Single-Family - A building with a heated area of at least five hundred seventy-six (576) square feet, and measuring at least twenty-four (24) feet by twenty-four (24) feet, arranged or designed to be occupied by one family, the structure having only one dwelling unit. 93. Dwelling Unit - A room or group of rooms (including sleeping, eating, cooking, and sanitation facilities, but not more than one kitchen), which constitutes an independent housekeeping unit, occupied or intended for occupancy by one household on a long-term basis. 94. Easement - Authorization by a property owner for the use by another, and for a specified purpose of any designated part of his or her property. 95. Educational Facility - A school district’s building at which pupils assemble to receive instruction in a program for any combination of grades from preschool through grade twelve (12), including kindergarten and a program for children with disabilities; a structure or facility located on the same property as a building described and use in support of the use of that building; and a building to provide office and related space to a school district’s administrative personnel. Educational facility does not include land or a structure, including land or a structure for inventory storage, equipment storage, food processing or preparing, vehicle storage or maintenance, or similar use that is not located on the same property as a building described and used in support of the purposes of a building described; or a therapeutic school. 96. Educational Institution - An educational facility or a private educational institution having a curriculum similar to that ordinarily given in an educational facility. 97. Elderly Person - A person who is sixty (60) years or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently. 98. Eminent Domain - The right of a public entity to acquire private property for public use upon the payment of just compensation. 99. Encroachment - Any obstruction or protrusion into a right of way or adjacent property, whether on the land or above it. 100. Engineer - A person licensed and registered as a professional engineer in the State of Utah. 101. Emergency Care Facility - A facility or licensed healthcare provider providing emergency medical or dental or similar examination, diagnosis, treatment and care on an outpatient basis only. 102. Equipment Sales And Rental - An establishment licensed to engage in the retail or wholesale sale or rental, from the premises, of equipment and vehicles. Typical uses include vehicle rental, tool rental, construction equipment rental yards, moving truck and trailer rental, and farm equipment and machinery sales and rental. 103. Essential Services - Services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include surface, underground, or overhead gas, electrical, steam, water, sanitary sewage, storm water drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewer pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings. 104. Farm Labor Dwelling - 1000 sq. ft. maximum living space located on the same parcel as the main dwelling. Only allowed in the A Zone (Agricultural) with a conditional use permit, (verifying a legitimate farming operation). Farm labor dwellings are not allowed on subdivision lots and parcel must meet zoning requirements. 105. Family - One or more persons related by blood, marriage, adoption, or guardianship or a group of not more than twenty (20) unrelated persons living together as a single housekeeping unit, together with an incidental domestic or support staff who may or may not reside on the premises. Family does not exclude the care of foster children. Guests in excess of two who pay for meals or room shall be considered as boarders. 106. Fence - A tangible barrier or obstruction of any material, with the purpose of intent, or having the effect of preventing passage or view across the fence line. It includes hedges and walls. 107. Fire Authority - The department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property. 108. Flood - An overflow of water onto lands not normally covered by water. Floods have two essential characteristics: the inundation of land is temporary, and the land is adjacent to and inundated by overflow from a watercourse, lake, or other body of water. 109. Flood Insurance Rate Map (FIRM) - "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. 110. Flood Insurance Study - The official report provided by the Federal Emergency Management Agency that includes flood profiles, as well as the Flood Hazard Boundary Map and the water surface elevation of the base flood. 111. Floodplain - Land that is within the 100-year flood plain designated by the Federal Emergency Management Agency (FEMA); or has not been studied or designated by FEMA but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain designated by FEMA. 112. Floor Area - The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed terraces. All dimensions shall be measured from the exterior faces of the exterior walls. 113. Frontage (Lot Width) - The Width of the lot or parcel of land measured at the front setback line. 114. Financial Institution - A state or federally chartered bank, credit union, mortgage lender or savings and loan association financial services. 115. Garage - A building or portion thereof, other than a private storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor driven vehicles. The term repairing shall not include an automotive body repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles. 116. Garage, Private - An enclosed space or accessory building for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises. A garage shall be considered part of a dwelling if the garage and dwelling have a roof or wall in common, or are connected structurally by a physical connection such as a wall, trellis or solid fence. 117. General Plan - A document that the County adopts which sets forth the general guidelines for proposed future development of the unincorporated land within Sanpete County. 118. Geologic Hazard - A surface fault rupture, shallow groundwater, liquefaction, a landslide, a debris flow, unstable soil, a rock fall, or any other geologic condition that presents a risk to life, of substantial loss or damage to real property. 119. Grade - The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure. 120. Home Occupation - A business, profession, occupation or trade conducted within a dwelling unit for gain or support by a resident of the dwelling unit pursuant to the limits of this code. 121. Hospital - An institution licensed by the state of Utah which provides diagnostic, therapeutic, and rehabilitative services to individuals on both an inpatient and outpatient basis by or under the supervision of one or more physicians. A medical clinic or professional office which offers any inpatient or overnight care, or operates on a twenty-four (24) hour basis shall be considered to be a hospital. A hospital may include necessary support service facilities such as laboratories, outpatient units and training and central services, together with staff offices necessary to operate the hospital. Unless otherwise specified, the term “hospital” shall be deemed to include sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home, and any other place for the diagnosis, treatment, or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment, or other care of human ailments. 122. Hotel - A building in which a lodging, or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all times. Minimum number of bedrooms is six (6). 123. Housing Unit - A house, an apartment, a mobile home or trailer, a group of rooms, or a single room that is occupied as a separate living quarters, or, if vacant, is intended for occupancy as a separate living quarters 124. Impact Fee - A payment of money imposed under §11-36a of Utah State Code (as amended). 125. Improvement Completion Assurance - A surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by the County to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to recoding a subdivision plat or development of a commercial, industrial, mixed use, or multifamily project. 126. Improvement Warranty - An applicant’s unconditional warranty that the applicant’s installed and accepted landscaping or infrastructure improvement: complies with the County’s written standards for design, materials, and workmanship; and will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period. 127. Improvement Warranty Period - A period: no later than one (1) year after the County’s acceptance of required landscaping; or no later than one (1) year after the County’s acceptance of required infrastructure, unless the County: determines for good cause that a one (1) year period would be inadequate to protect the public health, safety, and welfare; and has substantial evidence, on record of prior poor performance by the applicant or that the area upon which the infrastructure will be constructed contains suspect soil and the County has not otherwise required the applicant to mitigate the suspect soil. 128. Industrial Hemp Producer Licensee - Shall mean the same as the term “licensee” as defined in §4-41-102 of Utah State Code (as amended). 129. Industrial Protection Area - A geographic area created under the authority of §17-41 of Utah State Code (as amended) that is granted the specific legal protections contained therein. 130. Infrastructure - Construction or development improvements such as, but not limited to, streets, curbs, gutters, sidewalks, fire hydrants, storm drainage facilities, and water, sewer and gas systems or parts thereof. 131. Infrastructure Improvement - Permanent infrastructure that is essential for the public health and safety or that: is required for human consumption; and an applicant must install: in accordance with published installation and inspection specifications for public improvements; and as a condition of: recording a subdivision plat; obtaining a building permit; or developing a commercial, industrial, mixed use, condominium, or multifamily project. 132. Internal Lot Restriction - A platted note, platted demarcation, or platted designation that runs with the land; and creates a restriction that is enclosed within the perimeter of a lot described on the plat; or designates a development condition that is enclosed within the perimeter of a lot described on the plat. 133. International Building Code (IBC) - The current edition of the International Building Code. 134. Junk Yard - Scrap building materials, scrap contractor’s equipment, tank, cases, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper excelsior, hair, mattresses, beds, or bedding or any other kind of scrap or waste material. 135. Kennel - A commercial establishment for the breeding, sale, grooming, or boarding of small animals and household pets. 136. Laboratory - A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not including facilities for manufacture of products for sale. 137. Landscaping - The placement of living plants such as ground cover, shrubs and trees on developed lots. May include non-living materials such as gravel. 138. Land Use - Any activity which is subject to the Regulation of this County which is conducted on, below and/or in the space above the surface of the earth to a height of 500 feet within the boundaries of the county excepting those areas subject to the zoning authority of the incorporated municipalities within the county. 139. Land Use Applicant - A property owner, or the property owner’s designee, who submits a land use application regarding the property owner’s land. 140. Land Use Application - An application that is required by the County; 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. 141. Land Use Authority - A person, board, commission, agency, or body, including the Sanpete County Board of County Commissioners, designated by the Sanpete County Board of County Commissioners to act upon a land use application or; if the Sanpete County Board of County Commissioners has not designated a person, board, commission, agency, or body, the Sanpete County Board of County Commissioners. 142. Land Use Decision - An administrative decision of a land use authority or appeal authority regarding: a land use permit; a land use application; or the enforcement of a land use regulation, land use permit, or development agreement. 143. Land Use Permit - A permit issued by the land use authority. 144. Land Use Regulation - A legislative decision enacted by ordinance, law, code, map, resolution, specification, fee, or rule that governs the use or development of land. Land use regulation includes the adoption or amendment of a zoning map or the text of the zoning code. Land use regulation does not include a land use decision of the Sanpete County Board of County Commissioners 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. 145. Land Use Ordinance - The Land Use Ordinance, or Title 14 of Sanpete County, Utah. 146. Lawn or Turf - Non-agricultural land planted in closely mowed, managed grasses. 147. Legal Description - A metes and bounds description of a parcel of land filed in accordance with the requirements of the State of Utah and the county. 148. Legislative Body - The Sanpete County Board of County Commissioners. 149. Lodge - A building containing six (6) or more bedrooms for the temporary occupancy of guests, without cooking facilities in each unit. Accessory facilities may include any or all things customarily associated with lodges. 150. Lot - A tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the County Recorder. 151. Lot, Area Of - The contiguous, not separated by public roadway, of a lot between its front, rear, and side lot lines. Lot area must meet the minimum lot area requirements. 152. Lot Line Adjustment - A relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels in accordance with §17-27a-608 of Utah State Code (as amended): whether or not the lots are located in the same subdivision; and with the consent of the owners of record. Lot line adjustment does not mean a new boundary line that: creates an additional lot; or constitutes a subdivision. Lot line adjustment does not include a boundary line adjustment made by the Utah Department of Transportation (UDOT). 153. Lot, Through (Double-Frontage Lots) - A lot having a frontage on two parallel or approximately parallel streets. The lots for purposes of this title shall have two street frontages and two front yards. 154. Lot Width - The distance across a lot or parcel of property measured along a line parallel to the front lot line, or parallel to a straight line connecting the ends of an arc which constitutes the front lot line. 155. Lot, Width (Frontage) - The width of the lot or parcel of land measured at the front setback line. 156. Low Impact Development - Shall mean the same as the term defined in §19-5-108.5 of Utah State Code (as amended). 157. Major Life Activities - Functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. 158. Major Transit Investment Corridor - A public transit service that uses or occupies: a public transit rail right-of-way; dedicated road right-of-way for the use of public transit, such as bus rapid transit; or fixed-route bus corridors subject to an inter-local agreement or contract between a municipality or county and a public transit district as defined in §17B-2a-802 of Utah State Code (as amended) or an eligible political subdivision as defined in §59-12-2219 of Utah State Code (as amended). 159. Man-made Water Impoundments - For agricultural purposes, if such are under ten (10) acre-feet in capacity and do not extend over two (2) feet above natural grade. Man-made water impoundments for recreational purposes are not permitted. Man-made water impoundments include lakes, ponds, dams, other uncovered water impoundments, covered water tanks, and covered reservoirs. 160. Man-made Water Impoundments (Improved Capacity) - For agricultural purposes, if such are over ten (10) acre-feet in capacity or extend over two (2) feet above natural grade, when such is found to be compatible with the surrounding neighborhood and approved by the Board of Adjustment as a conditional use according to the provisions of Chapter 14.90 of the Sanpete County Land Use Ordinance. Man-made water impoundments for recreational purposes are not permitted. Man-made water impoundments include lakes, ponds, dams, other uncovered water impoundments, covered water tanks, and covered reservoirs. 161. Manufactured Home, Permanent - A single-family dwelling with a heated area of at least five hundred seventy-six (576) square feet, and measuring at least twenty-four (24) feet by twenty- four (24) feet, constructed in a factory to the standards of the United States Department of Housing and Urban Development (HUD), the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et. seq.) And the Housing and Urban Development Zone Code II or the Uniform Building Code (UBC), as amended to the date of the unit’s construction. 162. Manufactured Home, Temporary - A single family dwelling with a heated area, constructed in a factory to the standards of the United States Department of Housing and Urban Development (HUD), the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et.seq.) and the Housing and Urban Development Zone Code II or the Uniform Building Code (UBC), as amended to the date of the unit’s construction. 163. Manufacturing, Heavy - The assembly, fabrication or processing of large or bulky goods and materials which typically require extensive building areas or land areas using raw materials or previously prepared materials, using processes and that may have impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, glare, or health and safety hazards. 164. Manufacturing, Light - The processing or fabrication of materials or products where the process involved will not produce light, noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties or compromise the quality of living and where activities and equipment are conducted within a building or structure. 165. Manure - Includes manure, bedding, compost, a raw material, or other material commingled with manure or set aside for disposal. 166. Map - The zone map of Sanpete County, Utah. 167. Medical And Dental Offices, Clinics, And Laboratories - An organization of doctors, dentists, or other health care professional providing physical or mental health service and medical or surgical care of the sick or injured but which does not include in-patient or overnight accommodations or an establishment that conducts basic medical or dental research and analysis. 168. Medical Cannabis Pharmacy - Shall mean the same as the term defined in §26-61a-102 of Utah State Code (as amended). 169. Mineral - A naturally occurring element or combination of elements; metallic, nonmetallic or mineral fuel that occur in the earth, but shall not include soil. Without limitation due to enumeration, the minerals of interest include: 1) Metallic - Iron ore, copper, zinc, silver, gold, nickel, cerium, chromite, columbium, magnesite, molybdenite, vanadium and zircon; 2) Nonmetallic - Stone, sand and gravel, clay talc, asbestos, graphite and marble; 3) Mineral Fuel - petroleum, natural gas, coal, peat and nuclear fuel source materials. 170. Mineral Extraction - The excavation or recovery of metallic, nonmetallic, or mineral fuels through processes and techniques such as digging, drilling, strip-mining, quarrying, and underground methods. It shall include the extraction of top soil when such activities are undertaken or proposed to be undertaken as a distinct land use. 171. Mining, Drilling, Digging, Quarrying, Etc. - All or part of the process involved in the extraction and processing of mineral materials. Such activities shall normally be divided into four distinct phases: 1) Exploration - Onsite, geologic examination from the surface of an area by seismic core, rotary, percussion or other drilling or testing for the purpose of searching for mineral deposits. Exploration includes associated activities such as clearing and preparing sites or constructing roads for drilling; 2) Prospecting - Examination of an area for the purposes of determining the quality and quantity of minerals other than by exploration, but including the obtaining of samples by physical means; 3) Operation - Mineral extraction and/or processing for commercial purposes, including such operations as aggregate or ready mix plants, mixing of asphalt, mining or drilling services, processing of top soil, washing, refining or processing of metallic, nonmetallic, or mineral fuel materials; 4) Reclamation - Process by which an area physically or environmentally affected by mineral extraction activities is rehabilitated to either its original state or to a pre-agreed state of long-term environmental stability. 172. Mine Operator - A natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that as of January 1, 2019: owns, controls, or manages a mining use under a large mine permit issued by the division or the board as defined in §17-41 of Utah State Code (as amended); and has produced commercial quantities of a mineral deposit from the mining use. 173. Mining Protection Area - Lands where a vested mining use occurs, including ease surface or subsurface land or mineral estate that a mine operator with a vested mining use owns or controls. 174. Mining Use - The full range of activities, from prospecting and exploration to reclamation and closure, associated with the exploitation of a mineral deposit; and the use of the surface and subsurface and groundwater and surface water of an area in connection with the activities described that have been, are being, or will be conducted; and includes, whether conducted on-site or off-site: any sampling, staking, surveying, exploration, or development activity; any drilling, blasting, excavating, or tunneling; the removal, transport, treatment, deposition, and reclamation of overburden, development rock, tailings, and other waste material; any removal, transportation, extraction, beneficiation, or processing of ore; any smelting, refining, autoclaving, or other primary or secondary processing operation; the recovery of any mineral left in residue from a previous extraction or processing operation; a mining activity that is identified in a work plan or permitting document; the use, operation, maintenance, repair, replacement, or alteration, of a building, structure, facility, equipment, machine, tool, or other material or property that results from or is used in a surface or subsurface mining operation or activity; any accessory, incidental, or ancillary activity or use, both active and passive, including a utility, private way or road, pipeline, land excavation, working, embankment, pond, gravel excavation, mining waste, conveyor, power line, track age, storage, reserve, passive use area, buffer zone, and power production facility; the construction of a storage, factory, processing, or maintenance facility; and an activity described in §40-8-4(17)(a) of Utah State Code (as amended). 175. Mobile Home - Any structure manufactured or assembled prior to June 15, 1976, and/or originally designed to be capable of transportation by any motor vehicle upon public highways which does not require substantial onsite fabrication; which is intended for occupancy as a year round residence. 176. Moderate Income Housing - Housing occupied or reserved for occupancy by households with a gross household income equal to or less than eighty percent (80%) of the median gross income for households of the same size in the County in which the housing is located. 177. Motel - Any building or group of buildings containing sleeping rooms designed for temporary use by automobile tourists or transients, with a garage attached or parking space conveniently located to each unit. Minimum number of bedrooms is six (6). 178. Motor Home - A portable structure constructed as an integral part of a self-propelled vehicle designed and used for temporary living and housekeeping purposes. Including school buses, converted, and vans. 179. Mulch - Materials such as rock, bark, wood chips, or other materials left loose and applied to the soil. 180. Natural Waterways - Those areas, varying in width, along streams, creeks, gullies, springs, or washes which are natural drainage channels as determined by the chief building official and in which areas no buildings shall be constructed. 181. Non-Chartered Financial Services - A business, other than a state or federally chartered bank, credit union, mortgage lender or savings and loan association, that offers check cashing services and loans for payment of a percentage fee. Specifically included are check cashing businesses that charge a percentage fee for cashing a check or negotiable instrument and payday loan businesses that make loans upon assignments of wages received. 182. Noncomplying Structure - A structure that: legally existed before the structure’s current land use designation; and because of one (1) or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations that govern the use of land. 183. Nonconforming Use - A use of land that: legally existed before the current land use designation; has been maintained continuously since the time the land use ordinance regulation governing the land changed; and because of one (1) ore more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of land. 184. Non-residential Treatment Facility - A facility wherein no persons will be housed on an overnight basis, and provides services including rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol abuse, drug abuse, sexual offenders, sexual abuse, or mental health. Associated education services may also be provided to juvenile occupants. 185. Nursery - a use wholly, or partially, contained within one or more greenhouses where trees, shrubs, flowers, or vegetable plants are grown and sold to retail or wholesale customers. 186. Nursing Home - An intermediate care/nursing facility or a skilled nursing facility licensed by the State of Utah, for the care of individuals who, due to illness, advanced age, disability, or impairment require assistance and/or supervision on a twenty-four (24) hour per day basis. Such a facility does not include an adult daycare facility or adult daycare provider in conjunction with residential facilities for elderly persons or a residential facility for persons with a disability. 187. Official Map - A map drawn by the County’s authorities and recorded in the office of the County Recorder that: shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities; provides a basis for restricting