2-2 Definitions (part 2 of 2)

(1) an estimate of the existing supply of moderate-income housing located within the county; (2) an estimate of the need for moderate income housing in the county for the next five years; (3) a survey of total residential land use; (4) an evaluation of how existing land uses and zones affect opportunities for moderate income housing; and (5) a description of the county's program to encourage an adequate supply of moderate income housing. “Planned unit development or PUD” means an integrated design for development of residential, commercial or industrial uses, or limited combinations of such uses, in which the density and location regulations of the district in which the development is situated may be varied or waived to allow flexibility and initiative in site and building design and location, in accordance with an approved plan and imposed requirements. “Planning advisory area” means a contiguous, geographically defined portion of the unincorporated area of the county with planning and zoning functions as exercised through the planning advisory area planning commission, but with no legal or political identity separate from the county and no taxing authority. “Plat” means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that is prepared and certified by a licensed professional land surveyor. “Plot” means a parcel of land consisting of one or more lots or portions thereof which is described by reference to a recorded plat or by metes and bounds. “Political sign” means a temporary sign used in connection with a local, state, or national election or referendum. “Portable sign” means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. “Potential geologic hazard” area means an area that: (1) 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 (2) 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. “Preliminary plat” means a drawing, to scale, representing a proposal to subdivide a tract, lot or parcel of land, and meeting the preliminary plat requirements of this ordinance. “Premises” means a parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate for that zoning district. “Primarily residential zone” means a residential zoning district primarily intended for residential uses and does not include Agricultural or Multiple-Use Zones. “Primary dwelling” means a detached single-family dwelling that is occupied as the primary residence of an owner of record. “Private garage.” See “Garage.” “Private non-profit locker club” means a social, recreational, or athletic club, or kindred association, incorporated under the provisions of the Utah Revised Nonprofit Corporation Act, which maintains or intends to maintain premises upon which liquor is or will be stored, consumed, or sold. “Private recreational grounds and facilities” mean recreational grounds and facilities operated by a person, corporation, association, or group other than the State or political subdivision thereof. “Private road” means a privately owned road which affords principal means of access to abutting parcels or lots. “Process” or “processing” means the act, business or procedure of taking raw, extracted or pre-processed material and adding to or taking away from it, to produce a product that is purer, used, marketed, or uniquely different than the original raw material or product before the procedure was enacted. “Projecting sign” means a sign, other than a flat wall sign which is attached to and projects from a building wall or other structure not specifically designed to support the sign. “Protection strip” means a strip of land between the boundary of a subdivision and a street within the subdivision, for the purpose of controlling the access to the street by property owners abutting the subdivision. “Public agency” means: (1) the federal government; (2) the state; (3) a county, municipality, school district, local district, special service district, or other political subdivision of the state; or (4) a charter school. “Public hearing” means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. “Public meeting” means a meeting that is required to be open to the public by the Open and Public Meetings Act. “Public recreational facility” means a publicly owned or operated indoor or outdoor facility whose main purpose is to provide the general public with amusement or an entertainment activity, including fair grounds, riding stables, picnic and camping, water slides, pools, baseball fields, soccer fields, museums, arenas. “Public road” means a public way which affords a means of access to abutting properties. “Public street” means 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. “Public water system” or “public sewage system” means a system which is owned and operated by a local governmental authority or by an established public utility company which is adequately controlled by a governmental authority. “Qualified landscape professional” means a landscape architect, landscape designer, irrigation designer, licensed landscape contractor, certified irrigation professional, or other person with demonstrated training or experience in water-efficient landscape and irrigation design. “Quasi-public use” or “quasi-public facility” means a use conducted by, or a facility or structure owned by, a nonprofit, religious, or eleemosynary institution that provides educational, cultural, recreational, religious, institutional, medical, community service or other similar types of public services, and includes private hospitals, medical offices and cemeteries. “Real estate sign” means a temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale. “Rear yard setback” means that part of a lot between the rear building line and the rear lot line, and extending the full width of the lot, the depth of which yard is measured from the rear lot line to the building line of the building. “Receiving zone” means an unincorporated area of the county that the county council designates, by ordinance, as an area in which an owner of land may receive a transferable development right. “Record of survey map” means a map of a survey of land prepared in accordance with UCA 17-23-17. “Recreational coach” means a vehicle, such as a travel trailer, tent camper, camp car or other vehicle designed or constructed to travel on the public thoroughfare in accordance with the provisions of the Utah Motor Vehicle Act, and designed for use as a human habitation for a temporary and recreational nature. “Recreational coach park” or “overnight park” means any area or tract of land where lots are rented or held out for rent to owners or users of recreational coaches for a temporary time not to exceed 30 days. “Recreational coach space” means a plot of ground within a recreational coach park designated and intended for the accommodation of one recreational coach. “Recreational facility” means any commercial enterprise which receives a fee in return for the provision of some recreational activity including but not limited to: racquet clubs, health facilities, and amusement parks, but not including amusement centers. “Recreational facility, commercial indoor” means any commercial recreational land use conducted entirely within a building, including arcade, arena, art gallery and studio, art center, assembly hall, athletic and health clubs, auditorium, bowling alley, club or lounge, community center, conference center, exhibit hall, gymnasium, library, movie theater, museum, performance theater, pool or billiard hall, skating rink, swimming pool, tennis court. “Recreational facility, private indoor” means any private recreational facility for use solely by the residents and guests of a particular residential development, planned unit development, or residential neighborhood, including indoor and outdoor facilities. These facilities are usually proposed or planned in association with development and are usually located within or adjacent to such development. “Residential facility for elderly persons” means a dwelling inhabited by persons who are at least 60 years old and who live in a group setting with common caretakers. “Residential facility for elderly persons“ does not include a dwelling occupied solely by members of the same family, a health care facility, a nursing home, a retirement center, an assisted living facility or a residential facility for persons with disabilities. “Residential facility for persons with a disability” means a residence in which more than one person with a disability resides; and (1) is licensed or certified by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities; or (2) is licensed or certified by the Department of Health under Title 26, Chapter 21. Health Care Facility Licensing and Inspection Act. “Riding academy” means a structure or land use where people pay to be trained in riding equines. “Right-of-way” means the area, either public or private, over which the right-of-passage exists. “Roof sign” means any sign erected partly or wholly over or on the roof of a building; however, a structure having main supports embedded in the ground shall not be considered to be a roof sign even if the sign's supports pass through a roof, canopy, or parapet of a building. “Roofline” means the top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys or minor projections. “Rooftop mounted solar array” means a rooftop photovoltaic power station, or rooftop photovoltaic system, which has its electricity-generating solar panels or arrays mounted on the rooftop of an agricultural, residential, commercial, or industrial building or structure. “Rules of order and procedure” means a set of rules that govern and prescribe in a public meeting: (1) parliamentary order and procedure; (2) ethical behavior; and (3) civil discourse. “Runway” means a defined area on an airport prepared for landing and takeoff of aircraft. “Salt” means any component, solid or liquid, of the sodium elements, such as sodium chloride, potash, sodium hydroxide, brine, etc. “Sanitary sewer authority” means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. “School, private” means a school which is operated by a quasi-public or private group, individual, or organization, and which has curriculum similar to that provided in any public school in the state of Utah. “School, public” means a school operated by a school district or other public agency. “Secondary water” means untreated, nonculinary water supplied for irrigation or other approved nonpotable uses. “Self-service storage facility” means a building or group of buildings divided into separate units leased to individuals and organizations, or businesses for self-service storage of personal property. “Sending zone” means an unincorporated area of the county that the county council designates, by ordinance, as an area from which an owner of land may transfer a transferable development right. “Service lines” are all those wires, poles, and appurtenant equipment used to carry electricity between distribution lines and a customer. “Side yard setback” means that part of a lot between the side building line and the side lot line, and extending from the front yard setback to the rear yard setback. The width of the side yard is measured from the side lot line to the building line of the building. “Sign” means any device, structure, fixture, or placard using graphics, symbols, or written copy for the primary purpose of identifying, providing directions, or advertising any establishment, person, entity, interest, product, goods, or services. It includes any structural supports, lighting systems, attachments, ornaments or other features. “Sign alterations” means a change or rearrangement in the structural parts or design whether by extending on a side increasing in area or height, or by relocation or changing the position of a sign. “Sign, area” means the entire face of a sign including the advertising surface and any framing, trim, or molding. “Sign, community” means a sign that contains information appurtenant to non-commercial activities and interests within the community, but do not advertise any function or service that will create a gain for the advertiser. “Sign face” means the part of the sign that is or can be used to identify, advertise, or communicate information or for visual representation that attracts the attention of the public for any purpose, including the frame or structural members if they are designed with lighting or other ornamentation that is incorporated for the sign design. “Site plan” means a plat of a lot, drawn to scale, showing its actual measurements, the size and location of any existing buildings or structures, and those yet to be erected, the location of the lot in relation to abutting streets, and such other information as may be required by the planning commission or preceding the issuance of a building permit to demonstrate that an owner’s or developer’s proposed development activity meets a land use requirement. “Smart irrigation controller” means an irrigation controller that adjusts irrigation based on weather, evapotranspiration, soil moisture, rainfall, or similar site conditions and that includes rain shutoff capability. “Snipe sign” means a temporary sign or poster affixed to trees, fences, poles, stakes, building supports, other signs or sign structures, building facades, or any other object not specifically designed for the posting of signs. “Solar Energy System” means a facility that collects and converts sunlight into electricity, whether by photovoltaics, concentrating solar thermal devices, or other solar technologies, and transmits such electricity to off-site users, together with all accessory uses and facilities incidental thereto, including, without limitation, generators; electrical transmission and distribution lines and facilities (including transmission lines with a capacity of 50 KV or greater); communication lines, cables, conduits, and facilities; electric transformers, substations, and interconnection facilities; energy storage facilities; telecommunications equipment; control buildings and maintenance yards; access roads, fences and gates. “Special event” means circuses, fairs, carnivals, festivals, or other types of special events that: (1) run for longer than eight hours but not longer than six months; (2) are intended to or likely to attract substantial crowds; and (3) are unlike the customary or usual activities generally associated with the property where the special event is to be located. “Specified public utility” means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in UCA Section 54-2-1. “Spot zone” means a zoning amendment which singles out a relatively small parcel for a use classification totally different from that of the surrounding area, for the benefit of the owner of such property, which is invalid because it is not in accordance with the general plan. “Stable, commercial” means a structure or land use where equines or livestock are kept for sale or hire, boarded, or trained. “Stable, private” means an accessory building for the keeping of horses or livestock owned by the occupants of the premises and not kept for hire, remuneration or sale. “Stable, public” means any stable where horses are boarded or kept for hire. “State” includes any department, division, or agency of the state. “State store” means a facility for the sale of package liquor located on premises owned or leased by the State of Utah and operated by state employees, but does not apply to any licensee, permittee, or to package agencies. “Story, half” means a partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls do not extend more than four feet above the floor of such story, and the floor area does not exceed 2/3 of the floor area immediately below it. “Structure” means anything constructed, the use of which requires fixed location on the ground, or attachment to something having a fixed location upon the ground, including a building, tower, smokestack, overhead transmission line, flag pole, or antenna. “Structural alterations” means any change in the supporting members of a building, such as bearing walls, columns, beams or girders. “Subdivider” means any person who causes land to be divided. “Subdivision” means any land that is divided, resubdivided, or proposed to be divided into two 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: (1) 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 (2) except as provided otherwise in this Ordinance, divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. Subdivision does not include: (1) a bona fide division or partition of agricultural land for agricultural purposes; (2) a boundary line agreement recorded with the county recorder's office between owners of adjoining parcels adjusting the mutual boundary if no new lot is created; (3) a recorded document, executed by the owner of record: (a) revising the legal descriptions of multiple parcels into one legal description encompassing all such parcels; or (b) joining a lot to a parcel; (4) a bona fide division or partition of land in a county other than a first class county for the purpose of siting, on one or more of the resulting separate parcels: (a) an electrical transmission line or a substation; (b) a natural gas pipeline or a regulation station; or (c) an unmanned telecommunications, microwave, fiber optic, electrical, or other utility service regeneration, transformation, retransmission, or amplification facility; (5) a boundary line agreement between owners of adjoining subdivided properties adjusting the mutual lot line boundary if: (a) no new dwelling lot or housing unit will result from the adjustment; and (b) the adjustment will not violate any applicable land use ordinance; (6) a bona fide division of land by deed or other instrument if the deed or other instrument states in writing that the division: (a) is in anticipation of future land use approvals on the parcel or parcels; (b) does not confer any land use approvals; and (c) has not been approved by the land use authority; (7) a parcel boundary adjustment; (8) a lot line adjustment; (9) a road, street, or highway dedication plat; (10) a deed or easement for a road, street, or highway purpose; or (11) any other division of land authorized by law. “Subdivision amendment” means an amendment to a recorded subdivision that: (1) vacates all or a portion of the subdivision; (2) alters the outside boundary of the subdivision; (3) changes the number of lots within the subdivision; (4) alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or (5) alters a common area or other common amenity within the subdivision. “Subdivision cluster” means a subdivision of land in which the lots have areas less than the minimum lot area of the district in which the subdivision is located and in which a significant part of the land is privately reserved or dedicated as permanent common open space to provide low- density character for the residential lots in the subdivision. “Subdivision vacation” means the process of removing from record a section of land that was subdivided. “Substandard lot” means a lot created prior to January 10, 1975 or having been granted a special exception by the board of adjustment and which has less than the required lot area or width for the zoning district in which it is located. “Substantial evidence” means evidence that: (1) is beyond a scintilla; and (2) a reasonable mind would accept as adequate to support a conclusion. “Suspect soil” means soil that has: (1) a high susceptibility for volumetric change, typically clay rich, having more than a 3% swell potential; (2) bedrock units with high shrink or swell susceptibility; or (3) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum commonly associated with dissolution and collapse features. “Temporary sign” means a sign not constructed or intended for long-term use, with a maximum time period of 90 days. “Therapeutic school” means a residential group living facility: (1) for four or more individuals who are not related to: (a) the owner of the facility; or (b) the primary service provider of the facility; (2) that serves students who have a history of failing to function: (a) at home; (b) in a public school; or (c) in a nonresidential private school; and (3) that offers: (a) room and board; and (b) an academic education integrated with: (i) specialized structure and supervision; or (ii) services or treatment related to a disability, an emotional development, a behavioral development, a familial development, or a social development. “Transferable development right” means a right to develop and use land that originates by an ordinance that authorizes a landowner in a designated sending zone to transfer land use rights from a designated sending zone to a designated receiving zone. “Unincorporated” means the area outside of the incorporated area of a municipality. “Unlicensed motor vehicle” means any vehicle which initially was designed or constructed to be selfpropelled and which is not currently registered or licensed by the State of Utah, but does not include vehicles exempt from registration under UCA Section 41-22-9 or any motor vehicle kept or stored at an approved impound lot or commercial storage yard. “Use” means the purpose for which a parcel, building, lot, sign or structure is intended, designated, occupied, or maintained. “Vacation plat” means a plat submitted for the purpose of removing a subdivision from the records of the county recorder and the county assessor which shows the area that is to return to its original state. “Vicinity plan” means a map or drawing, to scale, showing the physical relationships of the proposed development to existing or proposed streets, buildings and utilities; other relevant information such as special terrain or surface drainage, and existing zoning classifications of all land within 300 feet of the property proposed. “View-obscuring fence, wall or hedge” means a fence, wall, or hedge of vegetation growth which prevents full view of property on one side by a viewer standing on the other side. “Wall sign” means a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the sides or edges, including painted, individual letters, and cabinet signs, and signs on a mansard. “Warehouse” means a building or facility used primarily for receiving, storing, organizing, and distributing goods, materials, merchandise, or equipment. Related activities may include inventory management, packaging, labeling, and order fulfillment. Retail sales, manufacturing, and processing are typically limited to incidental or accessory uses. “Water feature” means a fountain, pond, waterfall, stream, pool, or similar constructed landscape feature that uses water for aesthetic, recreational, or functional purposes. “Water interest” means any right to the beneficial use of water, including: (1) each of the rights listed in UCA Section 73-1-11; and (2) an ownership interest in the right to the beneficial use of water represented by: (a) a contract; or (b) a share in a water company, as defined in UCA Section 73-3-3.5. “Water provider” means a public or private entity legally authorized to provide culinary water, secondary water, or both to the subject property. “Water-wise landscaping” means landscaping that is designed, installed, and maintained to minimize supplemental irrigation through appropriate plant selection, efficient irrigation design, soil preparation, mulch, reduced lawn or turf area, and other water-conserving practices consistent with Utah law. “Window sign” means a sign installed inside a window and intended to be viewed from outside the building. “Yard” means a required open space on a lot, other than a court, unoccupied and unobstructed from the ground upward. “Yard, front.” See “Front yard setback.” “Yard, rear.” See: “Rear yard setback.” “Yard, side.” See: “Side yard setback.” “Zone.” See “District, zone.” “Zoning administrator” means the local official designated by the county commission to enforce zoning regulations. “Zoning map” means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts. “Zoning ordinance” means the Tooele County Land Use Ordinance of Tooele County, Utah. (Ord. 2026-12, 9/1/26; Ord. 2026-07, 6/30/26; Ord. 2025-10, 8/19/25; Ord. 2025-09, 8/19/25; Ord. 2024-10, 10/1/24; Ord. 2023-20, 11/7/23; Ord. 2023-09, 3/7/23; Ord. 2023-05, 2/21/23; Ord. 2022-34, 12/6/22; Ord. 2022-32, 11/29/22; Ord. 2020-32, 11/16/20; Ord. 2018-04, 5/15/18; Ord. 2011-08, 3/15/11; Ord. 2010-16, 8/24/10; Ord. 2006-37, 11/28/06; Ord. 2006-24, 9/5/06; Ord. 2005-19, 6/21/05; Ord. 2005-09, 4/12/05)