14.12.020 DEFINITIONS: Definitions (part 2 of 2)

development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and has been adopted as an element of the County’s General Plan. 188. Offices - A building, room or department wherein a business or service for others is transacted, but not including the storage or sale of merchandise on the premises. 189. Overhead Spray Irrigation - Above ground irrigation heads that spray water through a nozzle. 190. Owner - Any person, association, partnership, or corporation which has dominion over, ultimate control of, or title to real property. 191. Parcel - Any real property that is not a lot. 192. Parcel Boundary Adjustment - A recorded agreement between owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement in accordance with §17-27a-523 of Utah State Code (as amended), if no additional parcel is created and: none of the property identified in the agreement is a lot; or the adjustment is to the boundaries of a single person’s parcels. A parcel boundary adjustment does not mean an adjustment of a parcel boundary line that: creates an additional parcel or constitutes a subdivision. A parcel boundary adjustment does not include a boundary line agreement made by the Utah Department of Transportation (UDOT). 193. Parking Lot - An open area, other than a street, used for parking of more than four automobiles and available for public use, whether free, for compensation or an accommodation for clients or customers. 194. Parking Space, Off-Street - An area not in a street or alley, exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a driveway which affords ingress and egress for a vehicle. 195. Pavement - Means the bituminous or concrete surface of a roadway. Pavement does not include a curb or gutter. 196. Pavilion - Includes a gazebo, canopy, awning, cover, pergola, sunshade, roof, or shelter. 197. Permanent Foundation - A continuous perimeter stem wall constructed of reinforced concrete or masonry set on approved footings and as required by the International Building Code. 198. Person - An individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. 199. Personal Services - Uses such as beauty shops, barber shops, dry cleaners, mailing services, self-service laundromats and similar uses which provide service to the public individually. 200. Planned Unit Development (PUD) - A development in which the regulations of the zone in which the development is situated to allow flexibility and initiative in site and building design and location in accordance with an approved plan and imposed general requirements. 201. Planning Commission - The Planning Commission of Sanpete County, Utah. 202. Plat - An instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepared in accordance with §17-27a-603 of 57-8-13 of Utah State Code (as amended). 203. Potential Geologic Hazard Area - An area that: is designated by a Utah Geological Survey map, county geologist map, or other relevant map or report as needing further study to determine the area’s potential for geologic hazard; or has not been studied by the Utah Geological Survey or a county geologist but presents the potential of geologic hazard because the area has characteristics similar to those of a designated geologic hazard area. 204. Primary Use - A land use listed in the Land Use Matrix which occupies the greater portion of a lot or parcel, or is the more intense use of two uses on a lot or parcel. 205. Private Club - any nonprofit corporation operating as a social club, recreational, fraternal or athletic association, or kindred association organized primarily for the benefit of its stockholders or members. 206. Private Drive - A non-dedicated thoroughfare or road used exclusively for private access to and from private land or developments. 207. Process - A series of acts of changes proceeding one to the next; a method of manufacturing or conditioning; or to submit something to a treatment or preparation. 208. Professional, Administrative, And Business Offices - A type of business use where a building, room, or other space and where executive, management, administrative or professional services are provided, except medical services, and excluding the sale of merchandise, except as incidental to a principal use. 209. Protective Housing Facility - A facility either: a. Operated, licensed, or contracted by a governmental entity, or b. Operated by a charitable non-profit organization, where for no compensation, temporary, protective housing is provided to: i. Abused or neglected children awaiting placement of foster care; ii. Pregnant or parenting teens; iii. Victims of sexual abuse; or iv. Victims of domestic abuse. 210. Public Area - Land that: a. is owned by the federal government, the state, or a political subdivision with facilities that attract the public to congregate and remain in the area for significant period of time; b. is part of a public park, preserve, or recreation area that is owned or managed by the federal government, the state, a political subdivision, or a nongovernmental entity; and c. has a cultural, archaeological, scientific, or historic significance or contains a rate or valuable ecological system, including a site recognized as a National Historic Landmark or Site; or d. is a cemetery. 211. Public Agency - The federal government; the State of Utah; a county, municipality, school district, local district, special service district, or other political subdivision of the State; or a charter school. 212. Public Hearing - A hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. 213. Public Meeting - A meeting that is required to be open to the public under §52-4 of Utah State Code. 214. Public Street - A public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. 215. Public Use - A use operated exclusively by a public body, or quasi-public body, such use having the purpose of serving the public health, safety or general welfare, and including uses such as public schools, parks, playgrounds and other recreational facilities, administrative and service facilities, and public utilities. 216. Reasonable Accommodation - A change in any rule, policy, practice, or service necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. The following words have the following definitions: a. Reasonable: A requested accommodation that will not undermine the legitimate purpose of existing zoning regulations notwithstanding the benefit that the accommodation will provide to a person with a disability. b. Necessary: The applicant must show that, but for the accommodation one or more persons with a disability likely will be defined an equal opportunity to enjoy the housing of their choice. c. Equal Opportunity: Achieving equal results as between a person with a disability and a nondisabled person. 217. Record Of Survey Map - A map of a survey of land prepared in accordance with §10-9a- 603, 17-23-17, 17-27a-603, or 57-8-13 of Utah State Code (as amended). 218. Recreational dwelling, Permanent - Cabins and other permanent structures built for recreational use only and not to be used as a primary dwelling unit (less than 180 days, per year), must have a minimum dimension of 20' x 20'. Does not include tents, travel trailers, trailer, recreational vehicles, or other uses defined by temporary recreational dwellings. 219. Recreational dwelling, Temporary - Temporary living quarters for recreational, camping, travel, or seasonal use, including trailers, travel trailers, recreational vehicles, etc. 220. Recreational Vehicle - A vehicle built to the approval and confirmation of the Recreational Vehicle Industry Standard (RVIA) and the manufacture certifying compliance with (ANSI A119.2) standards for Recreational Vehicle and further described as such, a recreational trailer, camper trailer, truck camper, travel trailer, camp car, motorhome or other vehicle with or without motive power, maximum 350 sq. ft. designed and/or constructed to travel on the public thoroughfare in accordance with the provisions of the Utah Vehicle Code, designed for the use of human habitation for camping purposes. Not allowed to be set up as a permanent residence, no skirting or removal of tires and tow hitch from vehicle and must have a current UDOT license. 221. Recreational Park Trailer - Also known as a “park model recreational vehicle.” A vehicle built to the approval and confirmation of the Recreational Park Trailer Industry Association (RPTIA) and the manufacturer certifying compliance with (ANSI A119.5) standards for Recreational Park Trailers. Recreational Park Trailers with a maximum of 400 sq. ft are only allowed by a conditional use permit in an approved RV Park / Campground. Not to exceed 1 per acre and must have a Utah State approved septic system and permits in accordance with this code. 222. Recreation, Commercial - Recreation facilities operated as a business on private or public property and open to the public for a fee, such as a golf course, ski lift, tennis court, etc., and support facilities customarily associated with the development. 223. Reception Center - A facility for the holding of events including but not limited to weddings, wedding receptions, community meetings, and group gatherings. 224. Record Of Impairment - Having a record of impairment means having a history of, or having been misclassified as having a mental or physical impairment that substantially limits one or more major life activities. 225. Recycle Center - a facility where recyclable and organic materials are collected, stored and processed. Processing includes but is not limited to baling, briquetting, compacting, flattening, crushing, mechanical sorting, shredding, and cleaning. 226. Regarded As Having An Impairment - A person is regarded as having an impairment when: a. The person has a physical or mental impairment that does not substantially limit one or more major life activities, but is treated by another person as having such a limitation; b. The person has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others towards such an impairment; or c. The person has none of the impairments defined in this section, but is treated by another person as having such an impairment. 227. Rehabilitation/Treatment Facility - A facility licensed or contracted by the State of Utah to provide temporary occupancy and supervision of individuals (adults and/or juveniles) in order to provide rehabilitation, treatment or counseling services. Without limitation, such services may include rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol abuse, drug abuse, sexual offenders, sexual abuse, or mental health. Associated educational services may also be provided to juvenile occupants. 228. Related - Related by blood, marriage or adoption within the definition of “family” means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild, to include the half as well as the whole blood. 229. Religious Institution - A building and grounds used at least monthly for religious services or ceremonies. 230. Residential Facility For Persons With A Disability - A residence in which more than one (1) person with a disability resides; and which is licensed or certified by the Department of Human Services under §62A-2 of Utah State Code (as amended); or which is licensed and certified by the Department of Health under §26-21 of Utah State Code (as amended). 231. Residential Facility For Elderly Persons - A dwelling unit that is occupied on a twenty- four (24) hour per day basis by eight (8) or fewer elderly persons in a family type arrangement. A residential facility for elderly persons shall not include any of the following: a. A facility which is operated as a business; provided that such facility may not be considered to be operated as a business solely because a fee is charged for food or for actual and necessary costs or preparation and maintenance of the facility; b. A facility where persons being treated for alcoholism or drug abuse are placed; a facility where placement is not on a strictly voluntary basis or where placement is part of, or in lieu of confinement, rehabilitation, or treatment in a correctional institution; or a facility which is a healthcare facility as defined in §26-21 of Utah State Code (as amended); or a facility which is a residential facility for persons with a disability. 232. Residential Facility for Troubled Youth - A residential facility that is occupied on a 24 hour basis by no more than twenty (20) qualified youth in a family type arrangement that conforms with applicable standards of, and is inspected and licensed by the State Department of Human Services. 233. Residential Street - A public or private roadway that: currently serves or is projected to serve an area designed primarily for single-family residential use; requires at least two off-site parking spaces for each single-family residential property abutting the roadway; and has or is projected to have, on average, traffic of no more than one thousand (1,000) trips per day, based on findings contained in a traffic impact study; the County’s General Plan; ad adopted phasing plan; or a written plan or report on current or projected traffic usage. 234. Residents, Residential Facility - Any building or portion thereof where an individual is actually living at a given point and time and intends to remain, and not a place of temporary sojourn or transient visit. 235. Retail - The sale of consumer goods directly to the user of the product; may include storage of goods sold in sufficient quantities to meet daily needs. May include sale in large size packages used as pricing incentives 236. Retirement Home - A residential facility designated, occupied, and intended for residents fifty (50) years or older where common facilities for cooking and dining are available to all residents and independent facilities are provided for living, sleeping and sanitation. 237. Roadway Design And Construction Manual - The most recent version of the Sanpete County Roadway Design and Construction Manual, originally adopted by the Sanpete County Board of County Commissioners on April 18, 2023, or its successor. 238. Salvageable Material - Inoperable and/or unlicensed vehicles, machinery or equipment, scrap metal or other junk or scrap materials which are of further usefulness mainly as a raw material for reprocessing, or as imperfect stock from which replacement or spare parts can be extracted. 239. Salvage Yard - A solid waste disposal site or facility at which salvageable materials are stored or sold or at which wrecking, dismantling, or demolition of salvageable materials are conducted. Salvage yards do not include operations conducted by scrap metal, paper, fiber or plastic processors, or small storage areas for equipment such as are normally found adjacent to industrial and commercial establishments. 240. Sanitary Landfills - Locations where trash, garbage, organic materials are buried and maintained in accordance with local, state, and federal regulations. 241. Sanitary Sewer Authority - The department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. 242. Seasonal - A dwelling that is constructed un-insulated. 243. Setback - The shortest distance between the property line and the building or part thereof. 244. Service Station - Any land, building, structure, or premises used for the sale of fuel for motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing of motors, bodies, or painting of motor vehicles and excluding public parking garages. 245. Schools, Private - See educational facility and educational institution. 246. Schools, Public - See educational facility and educational institution. 247. Shopping Center - A multi-entity commercial complex under single ownership or control which leases space to various commercial establishments. 248. Sign - A sign is any structure or natural object or part thereof or device attached thereto or printed or represented thereon which is intended to attract attention to any object, product, place, activity, person, institution, organization, or business, or which shall display or include any letter, word, model, banner, flag, pennant, insignia, device, or representation used as or which is in the nature of an announcement, direction, or advertisement. 249. Site Plan - A document or map that may be required by the County during a preliminary review preceding the issuance of a building permit to demonstrate that an owner’s or developer’s proposed development activity meets a land use requirement. 250. Sensitive Lands - Lands containing environmentally and geologically sensitive elements which, if disturbed or encroached upon by urban or suburban land development (such as utilities, dwellings, streets, industrial, commercial or certain types of agriculture) could be damaged beyond repair ability, could cause damage or complete destruction to already existing public or private property, could cause loss of life or bodily harm, or could affect the purity, consistency or volume of the water supply. Such sensitive lands could also include, but not be limited to: earthquake faults, potential landslide areas, steep unstable terrain, areas of potential rock fall, subsurface waters and flooding. 251. Shelter For The Homeless - Charitable lodging or sleeping rooms provided on a temporary basis (usually on a daily basis) to those members of society lacking other safe, sanitary or affordable shelter. A shelter for the homeless may also include kitchen and cafeteria facilities. 252. Sheltered Workshop - An on-site supervised educational or vocational training facility for persons with a disability and does not provide any residential facilities. 253. Shipping Container - Also known as and referred to as “container”, or “portable storage container”. Fabricated for the purpose of transporting freight or goods on a truck, railroad or ship, including cargo containers, shipping containers, storage units, or other portable structures that are placed on private property and used for storage of items, including but not limited to: clothing, equipment, goods, household or office fixtures or furnishings, materials and merchandise. For the purpose of this title, shall be regulated and referred to as an “Accessory Structure Or Use”. 254. Sleeping Unit - A small, and/or movable sleeping structure not to exceed 200 square feet only allowed and used in an RV Park Campground. Not to exceed 3 per acre must have a conditional use permit and building permit to install in the RV Park Campground. No utilities except lighting. If permanently installed a power pedestal is required and hard wired to the unit, and if movable a maximum 50 ft. RV power cord and connections. 255. Stable - A building in which domestic animals, such as horses, ponies, and cattle, are sheltered and fed, having stalls or compartments. 256. State - Includes any department, division, or agency of the State of Utah. 257. Street - A public thoroughfare, or right-of-way, dedicated, deeded or condemned for public use and which affords the principal means of access to abutting property. The word street includes road, avenue, or land, but does not include alley. 258. Structure - All construction, including residences, commercial buildings, free standing walls, antennas, signs, towers, bridges, culverts, or similar uses which may require a building permit issued by the county. 259. Structural Alterations - Any change in supporting members of a building, such as bearing walls, columns, beams or girders. 260. Sub divider - Any person, firm, corporation, partnership, or association who shall lay out, for the purpose of sale or building development, any subdivision or part thereof as defined herein. 261. Subdivision - Any land that is divided, resub divided, or proposed to be divided into two (2) or more lots or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions. Subdivision includes: a. the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and b. except as provided, divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. c. Subdivision does not include: i. a bona fide division or partition of agricultural land for agricultural purposes; ii. a boundary line agreement recorded with the office of the County Recorder between owners of adjoining parcels adjusting the mutual boundary in accordance with §17-27a-523 of Utah State Code (as amended) if no new lot is created; iii. a recorded document, executed by the owner of record: 1. revising the legal descriptions of multiple parcels into one (1) legal description encompassing all such parcels; or 2. joining a lot to a parcel; iv. a bona fide division or partition of land in a county other than a first class county for the purpose of siting, on one (1) or ore of the resulting separate parcels: v. an electrical transmission line or a substation; vi. a natural gas pipeline or a regulation station; or vii. an unmanned telecommunication, microwave, fiber optic, electrical, or other utility service regeneration, transformation, retransmission, or amplification facility; viii. a boundary line agreement between owners of adjoining subdivided properties adjusting the mutual lot line boundary in accordance with §17-27a-523 and 17- 27a-608 of Utah State Code (as amended) if: ix. no new dwelling lot or housing unit will result from the adjustment; and x. the adjustment will not violate any applicable land use ordinance; xi. a bona fide of land by deed or other instrument if the deed or other instrument states in writing that the division: 1. is in anticipation of future land use approvals on the parcel or parcels; 2. does not confer any land use approvals; and 3. has not been approved by the land use authority; xii. a parcel boundary adjustment; xiii. a lot line adjustment; xiv. a road, street, or highway dedication plat; and xv. Any other division of land authorized by law. 262. Subdivision Amendment - An amendment to a recorded subdivision in accordance with §17-27a-608 of Utah State Code (as amended) that: vacates all or a portion of the subdivision; alters the outside boundary of the subdivision; changes the number of lots within the subdivision; alters a public-right-of-way, a public easement, or public infrastructure within the subdivision; or alters a common area or other common amenity within the subdivision. 263. Suspect Soil - Soil that has a high susceptibility for volumetric change, typically clay rich, having more than a three percent (3%) swell potential; bedrock units with high shrink or swell susceptibility; or gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum commonly associated with dissolution and collapse features. 264. Tent - A portable lodge of canvas or strong cloth stretched and supported by poles. 265. Therapeutic School - A residential group living facility: 266. for four (4) or more individuals who are not related to the owner of the facility, or the primary service provider of the facility; a. that serves students who have a history of failing to function at home, in a public school, or in a nonresidential private school; and b. that offers room and board; and an academic education integrated with specialized structure and supervision or service or treatment related to a disability, an emotional development, a behavior development, a familiar development, or a social development. 267. Trade Or Vocational School - A post-high school education or vocational training facility. 268. Trailer, Travel - A vehicle designed for or used for human habitation. See “Recreational Vehicle”. 269. Transitional Housing Facility - A facility owned, operated or contracted by a governmental entity or a charitable, not for profit organization, where, for no compensation, temporary housing (usually 3 to 24 months, but in no event less than 30 days) is provided to homeless persons, while they obtain work, job skills, or otherwise take steps to stabilize their circumstances. A transitional housing facility shall not include a shelter for the homeless, and a dwelling unit provided to a family for the exclusive use as part of a transitional housing program, for more than thirty (30) days, shall not be considered to be a transitional housing facility. 270. Travel Trailer - A portable vehicle less than 10 feet wide by 50 feet long designed and used for temporary living and housekeeping purposes. 271. Troubled Youth - Any individual, male or female, between the ages of ten (10) and eighteen (18) years of age who by virtue of their arrest, detention or supervision by the Utah State Department of Human Service for offenses other than aggravated assault, arson, or sex offenses generally and who do not suffer from psychiatric problems which would render them a danger to themselves or others, qualify for placement in homes for troubled youth as determined by the Utah State Department of Human Services. 272. Truck, Commercial - Any combination of vehicles over 26,000 lbs. GVWR (Gross Vehicle Weight Rating). 273. Unincorporated - The area outside of the incorporated area of a municipality. 274. Unnecessary Hardship - That circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with the restrictions governing area, setbacks, frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of this ordinance. 275. Use - The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term “permitted use” or its equivalent shall not be deemed to include any nonconforming use. 276. Use, Permitted - Any use lawfully occupying land or buildings as authorized in the zone regulations and for which no conditional use permit is required. 277. Variance - An authorization granted by the Board of Adjustment to construct, alter or use a building or structure in a manner that deviates from the dimensional standards of this ordinance. 278. Vegetative Coverage - The ground level surface area covered by the exposed leaf area of a plant or group of plants at full maturity. Vegetative coverage does not mean the ground level surface area covered by the exposed leaf area of a tree or trees. 279. Veterinary Clinic - A location for treatment of small or large animals. Animals may be kept overnight or for short periods of time for treatment. 280. Water Wise Landscaping - Any or all of the following: a. installation of plant materials suited to the microclimate and soil conditions that can: i. remain health with minimal irrigation once established; or ii. be maintained without the use of overhead spray irrigation; b. use of water for outdoor irrigation through proper and efficient irrigation design and water application; or c. the use of other landscape design features that: i. minimize the need of the landscape for supplemental water from irrigation; or ii. reduce the landscape area dedicated to lawn or turf. 281. Wholesale - The sale of goods to a person or company who may sell products to the ultimate consumer. Includes sale of products in bulk for further repackaging. 282. Yard - Any space on a lot other than a court, which is open and unobstructed from the ground to the sky. 283. Yard, Front - An open unoccupied space on the same lot with the building between the front line of the building and the front line of the lot and extending the full width of the lot. 284. Yard, Rear - An open unoccupied space on the same lot with the building between the rear line of the building and the rear line of the lot and extending the full width of the lot. 285. Yard, Side - An open unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line. 286. Zoning Administrator - Designee of the Board of County Commissioners. 287. Zoning Map - A map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts.