2-2 Definitions (part 1 of 2)

As used in the Tooele County Land Use Ordinance: “"A" frame sign” means a temporary or a movable sign constructed with two sides attached at the top so as to allow the sign to stand in an upright position. “Abandoned sign” means a sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, or for which no legal owner can be found. “Accessory dwelling unit” means a habitable living unit added to, created within, or detached from, a primary single-family dwelling and contained on one lot. “Accessory use or building” means a use or building on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or building. It does not include garages and decks attached to the main dwelling, or fences. “Active recreation area” means an area of lawn or turf that is designed, sized, and maintained for active use, including sports fields, play areas, gathering areas, or similar uses designated for physical activity. Decorative, narrow, incidental, or inaccessible turf is not an active recreation area. “Administrative land use authority” means the county Planning Commission. “Adversely affected party” means a person other than a land use applicant who: (1) owns real property adjoining the property that is the subject of a land use application or land use decision; or (2) 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. “Aerospace and defense manufacturing” means the research, development, fabrication, assembly, testing, or production of aircraft, spacecraft, missiles, rockets, propulsion systems, defense systems, and related components or technologies. The use may include static propulsion testing in which a rocket motor, propulsion system, or test article is physically secured to an engineered test structure and is not launched or permitted to enter free flight, together with accessory laboratories, hazardous and energetic material handling and storage, warehousing, and other activities customarily incidental to the principal use. “Affected entity” means a county, municipality, local district, special service district, school district, interlocal cooperation entity, specified property owner, property owners’ association, public utility, or the Utah Department of Transportation, if: (1) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land; (2) the entity has filed with the county a copy of the entity's general or long-range plan; or (3) 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 this chapter. “Agent” means any person who can show written proof that he is acting for another and with the person's knowledge and permission. “Agriculture” means the cultivation of soil; raising of crops; horticulture and gardening; breeding, grazing, keeping or raising of domestic animals and fowl, except household pets; and not including any agricultural industry or business. “Agricultural industry or business” means an industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding, or storage, such as commercial greenhouses, feedlots, fruit stands, fur farms, food packaging or processing plants; and commercial poultry or egg production. “Agricultural protection area" means a geographic area created under the authority of UCA Title 17, Chapter 41. “Airport” means an area designed and set aside for the landing and taking off of aircraft. “Amusement park” means a commercially operated park with a predominance of outdoor games and activities for entertainment, which may include motorized rides, water slides, miniature golf, batting cages, and the like. “Animal unit” means a unit of measurement used to calculate the number of animals allowed per acre. A counted animal’s offspring are not included in the calculation until: (1) For large animals, 9 months or weaned, whichever comes first. (2) For medium animals, 6 months or weaned, whichever comes first. (3) For small animals, 4 months or weaned, whichever comes first. “Appeal authority” means 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. “Architectural projection” means a projection from a building that is necessary for the shading of a building or features, such as eaves, platforms, porches, sills, cornices, and chimneys, but not including signs attached to and extending from the building. “Assisted living facility” means: (1) a type I assisted living facility, which is a residential facility that provides assistance with activities of daily living and social care to two or more residents who: (a) require protected living arrangements; and (b) are capable of achieving mobility sufficient to exit the facility without the assistance of another person; and (2) a type II assisted living facility, which is a residential facility with a home-like setting that provides an array of coordinated supportive personal and health care services available 24 hours per day to residents who have been assessed under department rule to need any of these services. “Automatic car wash” means a facility for automatic or self-service washing and cleaning of vehicles. “Automatic teller machine” or “ATM” means an automated device that performs banking or financial functions at a location remote from the controlling financial institution. “Automobile dealership” means a retail business characterized by the selling, leasing, and maintaining an inventory of new or used automobiles, light trucks, vans, trailers, recreational vehicles, boats, motorcycles, off-highway-vehicles (OHV) or other similar motorized transportation vehicles; and may provide on-site facilities for the repair and service of vehicles. “Automobile impound facility” means a facility for the temporary storage of vehicles that are to be claimed by the owners or their agents. “Automobile mall” means a single location that provides sales space and centralized services for a number of automobile dealers and that may include such related services as auto insurance dealers and credit institutions that provide financing opportunities. “Automobile parts/supply, retail” means the display and sale of new and used parts for automobiles, trucks, trailers, boats, or other travel or recreation vehicles. “Automobile repair facility” or “service station” means a place where gasoline or other motor fuel, lubricating oil or grease for operating motor vehicles is offered for sale to the public and repair services performed may include tube and tire repair, battery charging, storage of merchandise, lubricating of automobiles, replacement of spark plugs, lights, fans and other small parts, including major auto repair. “Average percent of slope” means an expression of rise or fall in elevation along a line perpendicular to the contours of the land to the lowest point of land within an area or within a lot. A vertical rise of 100 feet between two points 100 feet apart measured on a horizontal plane is a 100 percent slope. “Awning” means a shelter of non rigid materials on a supporting framework projecting from and supported by the exterior wall of a building. Compare “Marquee.” “Awning sign” means a sign painted on, printed on, or attached flat against the surface of an awning. “Banner sign” means a sign having characters, letters or illustrations applied to cloth, paper, flexible plastic or fabric of any kind with only such material for backing. “Basement” means a story whose floor is more than 12 inches below the average level of the adjoining ground, but where no more than half of its floor-to-ceiling height is below the average contact level of the adjoining ground. “Basement house” means a residential structure without a full story structure above grade. “Bed and breakfast” means a private owner occupied residence with no more than three guestrooms and the guest use is subordinate and incidental to the main residential use, and where individual guests are prohibited from staying for more than fourteen consecutive days and no more than fourteen days in any three month period. The definition does not include a convention facility, hotel, motel, rooming or boarding house or restaurant. “Bed and breakfast inn” means a private owner occupied residence with no more than ten guestrooms, and where individual guests are prohibited from staying for more than fourteen consecutive days and no more than fourteen days in any three month period. The definition does not include a convention facility, hotel, motel, rooming or boarding house or restaurant. “Beginning of construction” means the pouring of concrete footing for a building or structure. “Billboard.” See “Off-premise sign.” “Block” means the land surrounded by streets or other rights-of-way, other than an alley, or land which is designated as a block on any recorded subdivision plat. “Boarding house” means a dwelling where, for compensation, meals are provided for at least three but not more than 15 persons. “Body and fender shop” means a facility for major automobile, truck, mobile home, recreational coach or recreation vehicle repairs to the body, or fenders, and including major rebuilding. “Buildable area” means the portion of a lot remaining after required yards have been provided. “Building” means any structure used or intended to be used for the sheltering of any use or occupancy, or enclosure of persons, animals, or property. “Building, accessory.” See “Accessory use or building.” “Building, height of” means the vertical distance from the average finished grade surface to the highest point of the building roof or coping. “Building inspector” means the official designated as the building inspector for Tooele County. “Building line” means the inner edge of any required yard or setback, and the corresponding outer edge of the buildable area. “Campground” means a public area designated by a public agency for camping, or a private area licensed by the county for camping. “Camping” means a temporary establishment of living facilities such as tents or recreational coaches for a period of days. “Cannabis production establishment” means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory, as such terms are more particularly defined. “Canopy, building” means a rigid multi-sided structure covered with fabric, metal or other material and supported by a building at one or more points or extremities and by columns or posts embedded in the ground at other points or extremities. Compare “Awning.” “Canopy, freestanding” means a rigid multi-sided structure covered with fabric, metal or other material and supported by columns or posts embedded in the ground. “Canopy sign” means a sign affixed or applied to the exterior facing surface or surfaces of a building or freestanding canopy. “Carport” means a private garage with no more than one wall and no overhead door. “Cellar” means a room or rooms wholly under the surface of the ground, or having more than 50 percent of its floor to ceiling height under the average level of the adjoining ground with an access from the outside and not entering directly into another building or dwelling. “Charter school” means: (1) an operating charter school; (2) a charter school applicant that has been approved by a charter school authorizer; or (3) 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. “Chief executive officer” means the person or body that exercises the executive powers of the county. “Childcare” means continuous care of and supervision of five or more children under 18 years of age for a portion of the day that is less than 24 hours, in lieu of care ordinarily provided by parents in their own home, for direct or indirect compensation. “Church” means a building, together with its accessory buildings and uses, maintained and controlled by a religious organization where persons regularly assemble for worship. “Clearance, of a sign” means the vertical distance from the established grade level to the bottom of the sign or sign cabinet. “Clear view zone” means the area of a corner lot closest to a street intersection or a street and railroad intersection which is kept free of visual impairment to allow full view of both pedestrian and vehicular traffic. (1) For street intersections, such area is established by marking a point at which the two curb lines intersect, Back of curb measuring back 40 feet along each street, and drawing a line between the two back points to form a triangular area. Property Line (2) For street and railroad intersections, such area is established by marking a point at which the edge of the street pavement and the closest railroad track intersect, measuring back 40 feet along the edge of the street and railroad track, then drawing a line between the two back 40 feet points to form a triangular area. “Clinic, dental or medical” means a building in which a group of dentists, physicians, and professional assistants are associated for the conduct of their professions and may include a laboratory or apothecary, but it shall not include in-patient care or operating rooms for major surgery. “Club, social” means any organization, group, private nonprofit locker club, or association supported by its members where the sole purpose is to render a service to its members and their guests. “Common area” means any space designed for joint use of residents of a condominium, apartment complex, etc. “Community center” means a building to be used as a place of meeting, recreation, or social activity and not operated for profit. “Community location” means a public or private school, a licensed childcare facility or preschool, a church, a public library, a public playground, or a public park. “Community management” means the person who owns or has charge, care or control of a condominium, apartment complex, etc. “Companion animal,” see “household pets.” “Comprehensive plan” means general plan. “Conditional use” means a land use that, because of its unique characteristics or potential impact 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. “Condominium” means the ownership of a single residential unit in a multi-unit project together with an undivided interest in common in the common areas and facilities of the property. “Condominium project” means a plan or project whereby two or more units, whether contained in existing or proposed apartments, commercial or industrial buildings or structures, or otherwise, are separately offered or proposed to be offered for sale. Condominium project also means the property when the context so requires. “Condominium unit” means a residential unit of a condominium project together with the undivided interest in the common areas and facilities appertaining to that unit, including both a physical unit together with its appurtenant undivided interest in the common areas and facilities and a time period unit together with its appurtenant undivided interest, unless the reference is specifically limited to a time period unit. “Conservation standards” means guidelines and specifications for soil and water conservation practices and management, enumerated in the Technical Guide prepared by the USDA Natural Resources Conservation Services, adopted by the Soil and Water Conservation District supervisors, and containing suitable alternatives for the uses and treatment of land based upon its capabilities, from which the landowner selects that alternative which best meets his needs in developing his soil and water conservation plan. “Constitutional taking” means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by the: (1) Fifth or Fourteenth Amendment of the Constitution of the United States; or (2) Utah Constitution, Article I, Section 22. “Construction equipment and supply trailer, temporary” means mobile equipment, travel trailer, truck trailer, or other structure used as equipment and supply shed in conjunction with a construction project. The construction equipment and supply trailer is not a residence or dwelling. “Construction field office, temporary” means a mobile office, travel trailer, or other structure used as an office in conjunction with a construction project. The construction or field office is not a residence or dwelling. “Construction sign” means a temporary sign identifying an architect, contractor, subcontractor, or material supplied participating in construction on the property on which the sign is located. “Cottage industry” means a business, greater than a home occupation, conducted entirely within a dwelling or in an accessory structure without altering the residential character manufacturing artistic, handicraft, and other craft items and services rendered on the premise. “Convenience store” means a one story commercial retail operation containing less than 2,500 square feet of gross floor area, designed and stocked to sell primarily food, beverages, limited variety of goods for personal consumption, and other household supplies to retail customers who purchase only a relatively few items as well as gasoline and car care items. “Copy, sign” means the graphic content of a sign surface in either permanent of removable letter, pictographic, symbolic, or alphabetic form. “Corral” means a space, other than a building, less than one acre in area used for the confinement of animals or fowl. “Court, building” means an open space, other than a required yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings. “Coverage, building” means the percent of the total site area covered by buildings. “Crosswalk” means a right-of-way to facilitate pedestrian access and not for use by motor vehicles; it may be located within or without a street right-of-way. “Culinary water” means water treated or approved for human consumption and supplied by a public or private culinary water system. “Culinary water authority” means 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. “Cultivation” means to prepare and use land strictly for crops or gardening. “Curb” means a stone or concrete boundary usually marking the edge of a roadway or paved area used to channel water and preserve the edge of the pavement. “Curb cut” means the provision for ingress and egress between property and an abutting road or street. “Curb return” means a curved segment of curb used at each end of an opening the roadway curb. “Dairy” means a commercial establishment for the manufacture, processing or packaging of dairy products, and their sale; however, the production of milk on a farm for wholesale marketing off the premises shall not be classified as a dairy. “Density” means the number of persons or dwelling units per acre of gross area. “Design, subdivision” means the alignment, grade and width for easements and rights-of-way for utilities; the final grade or contouring and general layout of lots and streets within the area; location of land to be dedicated for park or recreational purposes; and, such specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of applicable general or specific plans. “Developer-installed landscaping” means landscaping installed by a developer, builder, subdivider, or similar person or entity as part of subdivision improvements, model homes, common areas, entry features, park strips, open space, streetscape improvements, or any other required development improvement. “Development activity” means: (1) any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities; (2) any change in use of a building or structure that creates additional demand and need for public facilities; or (3) any change in the use of land that creates additional demand and need for public facilities. “Development agreement” means a written agreement or amendment to a written agreement between the county and one or more parties that regulates or controls the use or development of a specific area of land. Development agreement does not include an improvement completion assurance. “Direction or instructional sign” means an on-premise sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment, but no advertising copy, e.g., parking or exit and entrance signs. “Disability” is defined in Section 57-21-2 UCA. “Distribution lines” are those wires generally rated below 49 kilovolts [kVA] and associated structures used to carry electricity between a customer and a transmission line. “District, zoning” means a portion of the unincorporated territory of Tooele County, established as a zoning district by this ordinance, within which certain uniform regulations and requirements apply; also includes “zone.” “Double-faced sign” means a sign with two faces diverged from a common angle of not more than 45 degrees or back-to-back. “Driveway” means a private entryway that may be used by a single parcel or shared with more than one parcel to provide access from a public or private road. “Dwelling” means a building or part of a building, containing living, sleeping, housekeeping accommodations, and sanitary facilities for occupancy for residential purposes by one family as a single unit. It does not include a motor home, trailer coach, accessory building, automobile, truck, shed, garage, tent, or recreational vehicle. “Dwelling, single-family” means a dwelling arranged or designed to be occupied by one family, the structure having only one dwelling unit. “Dwelling, two-family” means a single residential building under a continuous roof, the structure containing only two dwelling units completely separated by either a common interior wall or a common interior floor, and having the exterior appearance of a single family dwelling house. “Dwelling, three-family” means a dwelling arranged or designed to be occupied by three families, the structure having only three dwelling units. “Dwelling, four-family” means a dwelling arranged or designed to be occupied by four families, and having more than four dwelling units. “Dwelling, multiple-family” means a dwelling arranged or designed to be occupied by more than four families and having more than four dwelling units. “Dwelling group” means two or more detached buildings used as dwellings, located on a lot or parcel of land. “Dwelling unit” means one or more rooms in a dwelling, apartment hotel or apartment motel, which contains not more than one kitchen or set of fixed cooking facilities, other than hot plates or other portable cooking units. It is designed for occupancy of not more than one family, or a congregate residence for four or less persons. “Easement” means a non-possessory interest in land of another; a vested or acquired right to use land, other than as a tenant, for a specific purpose; such right being held by someone other than the owner who holds title to the land. “Educational facility”: (1) means: (a) a school district's building at which pupils assemble to receive instruction in a program for any combination of grades from preschool through grade 12, including kindergarten and a program for children with disabilities; (b) a structure or facility: (i) located on the same property as a building described in (1)(a); and (ii) used in support of the use of that building; and (c) a building to provide office and related space to a school district's administrative personnel; and (2) does not include: (a) 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: (i) not located on the same property as a building described in (1)(a); and (ii) used in support of the purposes of a building described in (1)(a); or (b) a therapeutic school. “Elderly residential facility.” See “Residential facility for elderly persons.” “Electrical sign” means a sign in which electrical wiring, connection, or fixtures are used. “Electronic message center” means a sign where the copy is changed by computer or electronic methods using liquid crystal display, lights, cathode ray tubes, etc. “Emergency” means actions that must be undertaken immediately or within a time frame too short to allow full compliance with this ordinance to avoid an immediate threat to public health or safety, to prevent an imminent threat of serious environmental degradation. “Essential services” means services provided by public or private utilities, including underground, surface or overhead gas, electrical, steam, water, sanitary sewer, storm-water drainage, and communication systems and accessories such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, 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 used or intended to be used for human habitation. “Façade” means the entire area of a building facing or side extending from the roof or parapet to the ground and from one corner of the building to another but does not include any structural or nonstructural elements which extend beyond the roof of a building. “Farm” or “ranch" means a parcel of land which is used primarily for commercial horticultural or farming purposes, such as the growing of crops or other vegetative, or fruit agricultural uses, grazing of livestock or other agricultural use. “Farm or ranch hand housing” means a dwelling located on a farm or ranch for the purpose of housing an employee of that operation and his / her family including multi-family dwellings for seasonal employees in connection with an agricultural use which relies on seasonal employees. “Farm animal” means any animal other than household pets that are used or kept as recreation or food sources, such as horses, cows, swine, or similar type animals. “Feedlot” means an agricultural industry in which animals or fowl are kept and intensively fed in a relatively restricted area, as contrasted with an open pasture. “Fire authority” means the department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property. “Firearms training facility/outdoor and indoor shooting range” means a facility designed and operated for the education, training, and development of firearms-related skills. This includes but is not limited to; live-fire shooting ranges (both indoor and outdoor), tactical training areas, simulation structures, and spaces for instructional coursework. The facility may host structured programs for civilians, law enforcement, military, or members of a private club. All operations shall be conducted in compliance with applicable safety regulations and noise ordinances, and may include force-on-force training, physical readiness courses, and simulated exercises within secured and designated boundaries. “Flood hazard” means a hazard to land or improvements due to inundation or overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of water courses. “Flood plain” means land that: (1) is within the 100-year flood plain designated by the Federal Emergency Management Agency; or (2) has not been studied or designated by the Federal Emergency Management Agency 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 the Federal Emergency Management Agency. “Flood way” means a channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. “Floor area” means the area included within surrounding walls of a building or portion thereof, exclusive of vents, shafts, and courts. “Floor area ratio” means the total floor area of all buildings or structures on a parcel or lot divided by the area of the parcel or lot, used to measure the intensity of a use on land. “Forest industry” means an industry which uses forest products, such as sawmill, pulp or paper plant, wood products plant, and similar uses. “Fowl” means chickens, ducks, turkeys, peacocks or other similar domesticated birds. “Freestanding sign” means a sign supported permanently upon the ground by poles or braces and not attached to any building. “Front yard setback” means that part of a lot, extending the full width of the lot, which is between the front property line and the front building line. “Frontage, building” means the length of an outside building wall on a public right-of-way or an approved private road. “Frontage” means the horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way. All sides of a lot that abuts a street shall be considered frontage. On curvi-linear streets, the arc between the side lot lines shall be considered the lot frontage. “Garage” means a detached accessory building, or a portion of a main building, used or intended to be used for the storage of motor vehicles, recreational coaches, boats, snowmobiles, or other recreational vehicles. “General plan” means a document that a county adopts that sets forth general guidelines for proposed future development of: (1) the unincorporated land within the county; or (2) for a mountainous planning district, the land within the mountainous planning district. “Geologic hazard” means: (1) a surface fault rupture; (2) shallow groundwater; (3) liquefaction; (4) a landslide; (5) a debris flow; (6) unstable soil; (7) a rock fall; or (8) any other geologic condition that presents a risk: (a) to life; (b) of substantial loss of real property; or (c) of substantial damage to real property. “Governing body” means The Board of County Commissioners of Tooele County, Utah, also referred to as the county commission. “Grade” means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within a line five feet from the building. “Grade, finished” means the final elevation of the ground surface after man-made alterations, such as grading, grubbing, filling, excavating or contouring have been made on the ground surface. “Gross floor area” means the sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics, and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, or attics not used for human occupancy, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this zoning ordinance, or any such floor space intended and designed for accessory heating and ventilating equipment. It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts. The surface area of tennis courts, swimming pools, driveways, parking spaces, and decks is not included in the total floor area. “Group home.” See “Residential facility for persons with a disability.” “Handicapped residential facilities.” See “Residential facility for persons with a disability.” “Height, sign” means the vertical distance measured from the highest point of the sign, excluding decorative embellishment, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. “Home based business” means a commercial or light industrial use of a scale greater than home occupation but which is still secondary to the residential use. It may be conducted entirely within a dwelling, an accessory structure or on the premises. A home based business does not include agricultural activities. “Home occupation” means any use conducted entirely within a dwelling or accessory structure and may at times utilize a portion of the premises. It is carried on by persons residing in the dwelling unit and no more than one employee hired outside of the dwelling unless otherwise stated, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character. There shall be no outside storage allowed. “Hookup fee” means a fee for the installation and inspection of any pipe, line, meter, or appurtenance to connect to a gas, water, sewer, storm water, power, or other utility system. “Hospital” means an institution for the diagnosis, treatment and care of human illness or infirmity, but not including sanitariums, clinics and instant care facilities. “Hotel” means an establishment that commonly provides lodging accommodations, meals and other amenities to guests for compensation. Hotel lodging rooms are generally accessed from inside a building. “Household pets” means animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats, canaries, and shall not include the keeping of inherently or potentially dangerous animals, such as lions or tigers, etc. “Hydro zone” means a defined area of landscape grouped together by similar water requirements, sun exposure, soil conditions, slope, and plant material, and capable of being efficiently irrigated by a single irrigation zone, valve, or station. “Identical plans” means building plans submitted to a county that: (1) are clearly marked as "identical plans"; (2) are substantially identical building plans that were previously submitted to and reviewed and approved by the county; and (3) describe a building that: (a) is located on land zoned the same as the land on which the building described in the previously approved plans is located; (b) is subject to the same geological and meteorological conditions and the same law as the building described in the previously approved plans; (c) has a floor plan identical to the building plan previously submitted to and reviewed and approved by the county; and (d) does not require any additional engineering or analysis. “Identification sign” means a sign whose copy is limited to the name and address of a building, institution, or person or to the activity or occupation being identified. “Illegal sign” means a sign which does not meet the requirements of the Tooele County Land Use Ordinance and which has not received non-conforming status. “Illuminated sign” means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. “Impact fee” means a payment of money imposed under the Impact Fees Act. “Impound lot” means a facility operated according to UCA Section 41-1a-101 through 41-1a-1106 for the temporary storage of vehicles to be claimed by the owners or their agents. “Improvement” means street construction, water systems, sewer systems, sidewalks, curbs and gutters, drainage facilities, on-site construction, street trees, street signs, street lights, traffic control or safety devices, fire hydrants, and such other facilities, utilities, or construction. “Improvement completion assurance” means 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: (1) recording a subdivision plat; or (2) development of a commercial, industrial, mixed use, or multi-family project. “Improvement warranty” period means a period: (1) no later than one year after the county's acceptance of required landscaping; or (2) no later than one year after the county's acceptance of required infrastructure, unless the county: (a) determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and (b) has substantial evidence, on record: (i) of prior poor performance by the applicant; or (ii) 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. “Infrastructure improvement” means permanent infrastructure that is essential for the public health and safety or that: (1) is required for human occupation; and (2) an applicant must install: (a) in accordance with published installation and inspection specifications for public improvements; and (b) as a condition of: (i) recording a subdivision plat; (ii) obtaining a building permit; or (iii) developing a commercial, industrial, mixed use, condominium, or multi-family project. “Inoperative vehicle or trailer” means any vehicle or trailer that due to mechanical, electrical, structural problems, or lack of maintenance, cannot operate as it was originally constructed and designed to do or should not be operated due to conditions rendering it as unsafe. This includes any vehicle or trailer that is not currently licensed. “Interior sign” means a sign located within a building so as to be visible only from within the building in which it is located. “Internal lot restriction” means a platted note, platted demarcation, or platted designation that: (1) runs with the land; and (2) (a) creates a restriction that is enclosed within the perimeter of a lot described on the plat; or (b) designates a development condition that is enclosed within the perimeter of a lot described on the plat. “Interstate pipeline company” means a person or entity engaged in natural gas transportation across multiple states subject to the jurisdiction of the Federal Energy Regulatory Commission. “Intrastate pipeline company” means a person or entity engaged in natural gas transportation in one state that is not subject to the jurisdiction of the Federal Energy Regulatory Commission. “Junk” means any salvaged or scrap copper, brass, iron steel, metal, rope, rags, batteries, paper, wood, trash, plastic, rubber, tires, waste, or other articles or materials commonly designated as junk. Junk shall also mean any dismantled, wrecked or inoperable motor vehicles or parts thereof which remain in such condition for a period of time in excess of sixty days. “Junk yard” means the use of any lot, portion of a lot, or tract of land for the storage, keeping or abandonment of junk, scrap metals or material, the dismantling, demolition or abandonment of vehicles, or machinery or parts thereof; but shall include a salvage yard, or war surplus yard. "Kennel" means any premises where domestic animals, such as dogs and cats, older than four months are kept except where accessory to an agricultural use. “Landfarming” means a method of treating contaminated soil or sediments by spreading them on a prepared area and processing them to aid in remediation. This process utilizes natural biological and physical processes to degrade and treat contaminants. “Landfarming – modified” means land farming that results in a finished soil product that does not remain at the processing site. The finished soil product has a beneficial use with a commercial value and sold to the marketplace. “Land use applicant” means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. “Land use application”: (1) means an application that is: (a) required by the county; and (b) submitted by a land use applicant to obtain a land use decision; and (2) does not mean an application to enact, amend, or repeal a land use regulation. “Land use authority” means: (1) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or (2) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. “Land use decision” means an administrative decision of a land use authority or appeal authority regarding: (1) a land use permit; (2) a land use application; or (3) the enforcement of a land use regulation, land use permit, or development agreement. “Land use permit” means a permit issued by a land use authority. “Land use regulation”: (1) means a legislative decision enacted by ordinance, law, code, map, resolution, specification, fee, or rule that governs the use or development of land; (2) includes the adoption or amendment of a zoning map or the text of the zoning code; and (3) does not include: (a) a land use decision of the legislative body acting as the land use authority, even if the decision is expressed in a resolution or ordinance; or (b) a temporary revision to an engineering specification that does not materially: (i) increase a land use applicant's cost of development compared to the existing specification; or (ii) impact a land use applicant's use of land. “Landscaped area” means the portion of a lot, parcel, tract, or project site improved with any combination of living plant material, turf, trees, shrubs, groundcover, mulch, decorative rock, or irrigation. Landscaped area does not include buildings, driveways, sidewalks, parking areas, patios, decks, agricultural production areas, or undisturbed native vegetation that is not irrigated. “Large scale sales event sign” means an advertising display that is temporary in nature, is not permanently attached to the ground or sign surface, and is used for special events, such as, but not limited to, grand openings, seasonal sales, liquidations, going-out-of-business sales, and, promotion of a new product, new hours of operation, a new service, or to promote a special sale or promotion. The temporary sign or banner is intended to inform the public of a unique happening and shall not include construction, placement, maintenance, or erection of any prohibited sign devices as described in §24-4-4 or other types of noncompliant accessory signs. Large scale sale event signs shall not be used for permanent advertising purposes beyond what is allowed by this ordinance. “Lateral sewer” means a sewer which discharges into another sewer and has only sewer inlets from buildings and structures tributary into it. “Lawn or turf” means nonagricultural land planted in closely mowed, managed grasses, whether established by sod, seed, plugs, or similar methods. “Legislative body” means the county council. “Local attorney” means the county attorney or any other attorney officially representing Tooele County, Utah. “Local building inspector” means the building inspector employed by or officially representing Tooele County, Utah. “Local district” means any entity created pursuant to Utah Code Titles 17B, 17C, or 17D, and any other governmental or quasi-governmental entity that is not a county, municipality, school district, or the state. “Local engineer” means the engineer employed by or officially representing Tooele County, Utah. “Local governing body” means the Board of County Commissioners of Tooele County. “Local health officer” means the health officer employed by or officially representing Tooele County Department of Health. “Local jurisdiction” means Tooele County, Utah. “Local planner” means the planner employed by or officially representing Tooele County, Utah. “Local surveyor” means the county surveyor or any other surveyor officially representing Tooele County, Utah. “Lot” means a parcel or unit of land described by metes and bounds or as described on a subdivision plat and held or intended to be held in separate lease or ownership, either as an undeveloped or developed site, or a parcel or unit of land shown as a lot, plat, or parcel on a recorded subdivision map, or shown on a plat used in the lease or sale or offer of lease or sale of land resulting from the division of a larger tract into two or more smaller units. “Lot area” means the horizontal area within the exterior lines of the lot, exclusive of any area in a public or private open to public uses. “Lot, corner” means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five degrees. “Lot depth” means the average horizontal distance between the front and the rear lot lines measured in the main direction of the side lot lines. “Lot frontage” means that portion of a lot that is the length of the front lot line which is coterminous with the front street lines. “Lot, interior” means a lot other than a corner lot. “Lot line” means the property line bounding the lot. “Lot line adjustment” means a relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels pursuant to UCA Title 17 Chapter 27a: (1) whether or not the lots are located in the same subdivision; and (2) with the consent of the owners of record. Lot line adjustment does not mean a new boundary line that: (1) creates an additional lot; or (2) constitutes a subdivision. Lot line adjustment does not include a boundary line adjustment made by the Department of Transportation. “Lot line, front” means the lot line adjoining the street for an interior lot; for a corner lot or through lot, the lot line adjoining either street, as elected by the lot owner. “Lot line, rear” means that line of a lot which is opposite and most distant from the front line of the lot. In the case of a triangular or gore-shaped lot, a line ten feet in length within the parcel parallel to and at the maximum distance from the front line. “Lot line, side” means any lot boundary line not a front or rear lot line. A side lot line separating a lot from another lot or lots is an interior side lot line; a side lot line separating a lot from a street is a street side lot line. “Lot, restricted” means a lot or parcel having an average slope of 30 percent or more or which does not contain a buildable area of at least 75 feet by 100 feet, such lot being prohibited as a building site. “Lot width” means the minimum lot width for each zoning district measured from the front setback line. “Lot, unrestricted” means a lot having an average slope of less than 30 percent and containing a buildable area of at least 75 feet by 100 feet. “Low-volume / Drip irrigation” means a low-volume irrigation method that applies water directly to the root zone of plants through emitters, tubing, bubblers, or similar devices. “Main building” means a structure in which the primary use of the land, lot or parcel is conducted. “Maintenance, sign” means the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign. “Major transit investment corridor” means: (1) public transit rail right-of-way; (2) a dedicated road right-of-way for the use of public transit, such as bus rapid transit; or (3) fixed-route bus corridors subject to an interlocal agreement or contract between a municipality or county and: (a) a public transit district; or (b) an eligible political subdivision. “Mansard” means a sloped roof or roof-like facade architecturally comparable to a building wall. “Manufactured home” means a transportable factory-built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards act of 1974 (HUD Code), in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. “Marquee” means a permanent roof-like structure or canopy of rigid materials supported by and extending from the facade of a building. “Marquee sign” means any sign attached to or supported by a marquee structure. “Medical cannabis pharmacy” means a person or entity that acquires or intends to acquire, possess, and sell cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, to a medical cannabis cardholder. “Medical clinic” means a facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis, including emergency treatment, diagnostic services, training, administration and services to outpatients, employees, or visitors. Compare “Clinic, dental or medical.” “Mine” means a site from which ore, rock, minerals, precious metals or natural substances other than plant or animal organisms can be extracted. “Mine” includes the site of the mine with its surface buildings, structures, elevator shafts, and equipment. “Mining” means the process or business of extracting ore, rock, minerals, precious metals or natural substances from the surface or below the surface of the earth. “Mobile home” means a transportable factory-built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured housing and Safety Standards Act (HUD Code) and which was designed to be a long- term residential dwelling unit, with or without a permanent foundation, and originally constructed as a complete package which includes major appliances, plumbing, and electrical facilities prepared for appropriate connections. “Moderate income housing” means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. “Modular home” means a permanent dwelling structure built in prefabricated units, which are assembled and erected on the site, or at another location and brought as a unit to the site and which is classified as a mobile home until it is placed on a permanent foundation and complies with all applicable building codes. “Monument sign” means a sign mounted directly to the ground with maximum height not to exceed six feet. “Motel” means an establishment that commonly provides lodging accommodations to guests for compensation. Motel lodging rooms are generally accessed directly from outside. “Multiple-face sign” means a sign containing two or more faces, not necessarily in back-to-back configuration. “National Cooperative Soil Survey” means the soil survey conducted by the U. S. Department of Agriculture in cooperation with the State Agricultural Experiment Station and other Federal or Utah State agencies. “National Cooperative Soil Survey” means the soil survey conducted by the U. S. Department of Agriculture in cooperation with the State Agricultural Experiment Station and other Federal or Utah State agencies. “Nominal fee” means a fee that reasonably reimburses a county only for time spent and expenses incurred in: (1) verifying that building plans are identical plans; and (2) reviewing and approving those minor aspects of identical plans that differ from the previously reviewed and approved building plans. “Noncomplying structure” means a structure that: (1) legally existed before the structure's current land use designation; and (2) because of one 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. “Nonconforming sign” means a sign which was erected legally but which does not comply with subsequently enacted sign restrictions and regulations. “Nonconforming use” means a use of land that: (1) legally existed before the current land use designation; (2) has been maintained continuously since the time the land use ordinance regulation governing the land changed; and (3) because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. “Nonfunctional turf” means lawn or turf that is primarily decorative and is not designed or regularly used for active recreation, public gathering, or another practical use. Nonfunctional turf includes, but is not limited to, turf in park strips, medians, parking lot islands, entries, and narrow or inaccessible areas. “Occupancy” means the portion of a building or premises owned, leased, rented, or otherwise occupied for a given use. “Official map” means a map drawn by Tooele County and recorded in the county recorder’s office that: (1) shows actual and proposed rights-of- way, centerline alignments, and setbacks for highways and other transportation facilities; (2) provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and (3) is adopted as an element of the general plan. “Off-premise outside self-service storage” means an exterior depository or safekeeping of equipment, goods, materials, products, vehicles, trailers, and the like, which are in operable condition and which are not being specifically displayed as merchandise or offered for sale. Outside storage may be enclosed by a structure that includes a roof and no more than one side wall. “Off-premise sign” or “billboard” means a sign advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which said sign is located. “Off-street parking space” means the space required to park one passenger vehicle off the public rightof-way. “Off-site improvements” means improvements not on individual lots but generally within the boundaries of the subdivision which they serve. “On-site improvements” means the construction or placement of structures and appurtenant improvements on a lot. “On-premise sign” means a sign which pertains to the use, product or commodity sold, or service performed on the premises on which it is located. “Open space” means the area reserved in fields, pastures, parks, courts, schools, playgrounds, golf courses, and other similar open areas, or is the portion of the conservation subdivision that has been set aside for permanent protection. Activities within the open space shall be restricted in perpetuity through an approved legal instrument. “Open space, usable” means any portion of a lot or building which: (1) is open to the sky or is open to view in at least two sides; (2) is readily accessible by foot traffic from the building to which it is accessory; and (3) is not provided from any required front or side yard, parking area, or driveway space. “Owner” means the holder of fee title to land or buildings or to property, whether a person, partnership, corporation, or other entity recognized by law, including any lessee, permittee, assignee, or successor in interest. “Package agency” means a retail liquor location operated under a contractual agreement with the Alcoholic Beverage Control Department, by a person other than the State, who is authorized by the Alcoholic Beverage Control Commission to sell package liquor for consumption off the premises of the agency. “Parapet” means the extension of a false front or wall above a roofline. “Parcel” means any real property that is not a lot. “Parcel boundary adjustment” means a recorded agreement between owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement pursuant to UCA Title 17 Chapter 27a, if no additional parcel is created and: (1) none of the property identified in the agreement is a lot; or (2) the adjustment is to the boundaries of a single person's parcels. Parcel boundary adjustment does not mean an adjustment of a parcel boundary line that: (1) creates an additional parcel; or (2) constitutes a subdivision. Parcel boundary adjustment does not include a boundary line adjustment made by the Department of Transportation. “Parcel of land.” See “Lot.” “Park strip” means the landscaped or unpaved area located between a curb or street edge and a sidewalk, trail, property line, or other street-side improvement. “Parking lot” means an open area other than a street, used for the parking of automobiles and which is available for public use. “Pedestrian-way.” See “Crosswalk.” “Permanent monument” means any structure of concrete, masonry or metal permanently placed on or in the ground, including those expressly placed for surveying reference, which meets the requirements of Tooele County or the State of Utah for permanent monuments. “Person” means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. “Personal agriculture” means the keeping of farm animals or fowl for personal recreation and/or personal non-commercial production of food. “Plan for moderate income housing” means a written document adopted by the county legislative body that includes: