Chapter 2

2.0 Definition Usage
For the purpose of these regulations, certain numbers, abbreviations, terms, and words used herein shall be used, interpreted, and defined as set forth in this Chapter. Where definitions are given in another chapter or section of this Code that apply to only that section or chapter, those definitions shall apply first. In some instances, words or terms that have a definition in this chapter may show in italics elsewhere in this Code. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word "herein" means "in these regulations''; the
word "regulations" means "these regulations"; the word “code” means “this code”. A "person" includes a corporation, a partnership, a limited company, a limited liability company, and an
incorporated association of persons such as a club; "shall" is always mandatory; a "building" includes "structure"; a "building" or "structure" includes any part thereof; "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied".

2.1 Access
The provision of vehicular and/or pedestrian ingress and egress to structures or facilities.

2.2 Accessory Building
A building upon the same lot (or on a contiguous lot under the same ownership) as the principal building and which is (1) clearly incidental to, and customarily found in connection with such principal building or use and (2) is operated and maintained for the benefit of convenience of the owners, occupants, employees, customers or visitors of the lot with the principal use.

2.3 Accessory Use
Shall mean a use conducted on the same lot as the principal use or structure with which it is
associated; and is a use which is clearly incidental to and is customarily found in connection with such principal use; and is either in the same ownership as such principal use or is maintained and operated on the same lot substantially for the benefit or convenience of the owners, occupants, employees, customers or visitors of the principal use. No accessory use shall be allowed on any lot or parcel unless the permitted use is being actively utilized.

2.4 Administrative Permit
A permit issued by the planning commission, zoning administration or building official for specified uses after compliance with applicable zoning or development code regulations is determined.

2.5 Agriculture
The tilling of the soil, the raising of crops and animals for private, commercial or industry,
horticulture, and gardening, except household pets, and not including any agricultural industry or business such as fruit packing plants, animal hospitals or similar uses.

2.6 Alley
A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

2.7 Antenna
A device for sending and/or receiving radio, television, data or similar communication signals.

2.8 Apartment House
A multiple dwelling; see Dwelling, Multi-Family.

2.9 Applicant
The owner of land proposed to be subdivided and/or developed or his/her representative. Consent shall be required from the legal owner of the premises.

2.10 Application
A form or checklist supplied by the Town Planning Department, indicating the data and information necessary to process the Applicants proposed project(s).

2.11 Arterial
A road intended to allow through traffic to and from such major attractions as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas, and similar traffic generators and/or as a route for traffic between communities or large areas.

2.12 Attached Building
Units connected on one or more sides to an adjacent unit or units by a common party wall with separate exterior entrance for all unit(s). This shall apply to commercial as well as residential units.

2.13 Balcony
A platform that projects from the wall of a building and is surrounded by a railing or balustrade.

2.14 Bed and Breakfast Inns
A dwelling, including those dwellings of historical significance in which two to eight rooms are
rented out by the day, offering overnight lodging to travelers, and where one or more meals are provided to the guests only, the price of which may be included in the room rate.

2.15 Block
A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad or utility rights-of-way, shore lines of water ways, or boundary lines of municipalities.

2.16 Boarding House
A building other than a hotel, café, or restaurant with two or more bedrooms where for direct or indirect compensation lodging and/or kitchen facilities or meals are provided for boarders and/or roomers not related to the head of the household by marriage, adoption, or blood.

2.17 Building
Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.

2.18 Building, Attached
(See Attached Building.)

2.19 Building, Detached
Any building or structure separated from another building on the same lot by at least six feet.

2.20 Building, Main
The principal building, or one of the principal buildings on a lot, or the building or one of the
principal buildings housing a principal use upon a lot.

2.21 Building, Public
Structures constructed by or intended for use by the general public such as libraries, museums, the municipal or public works buildings, etc.

2.22 Building and Zoning Inspector or Official
The person designated by the Town to enforce the Zoning Ordinance and development codes as enacted by the Town. If no Administrative Assistant to the Planning Commission is appointed to administer these regulations, the Building Inspector or Official shall administer these regulations.

2.23 Building Pad Line
The building pad line denotes that area in which the entire new structure must lie. The area of construction disturbance attributable to the structure (as opposed to utilities installation) may not extend beyond ten (20) feet from the building pad line.

2.24 Business Offices
Any site or location which provides space for the transactions, service, or administration by a
commercial enterprise and/or where storage of goods and sale of merchandise is minimal and secondary to performance of the service.

2.25 Canopy
A roof structure constructed of fabric or other material placed so as to extend outward from a
building providing a protective shield for doors, windows, and other openings, supported by the building and supports extended to the ground directly under the canopy or cantilevered from the building.

2.26 Capital Improvements Program
A proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual local government's operating expenses, for the purchase, construction, or replacement of the physical assets for the community are included.

2.27 Child Care Center
A center-based facility in which the provision of Child Day Care for 13 or more children occurs on a regular basis.

2.28 Child Day Care
The provision (day or night) of supplemental parental care instruction and supervision (a) for a nonrelated child or children; (b) on a regular basis; and © for less than 24 hours a day. As used in this Ordinance, the term is not intended to include baby-sitting services of a casual, non recurring nature or in the child's own home. Likewise, the term is not intended to include cooperative, reciprocative child-care by a group of parents in their respective domiciles.

2.29 Collector Roads
A road intended to move traffic from local roads to arterials. A collector road serves a neighborhood or large subdivision and should be designed so that no residential properties face onto it.

2.30 Common Open Space
Facilities, land and yard areas identified within projects for the use and enjoyment of all the residents and maintained and operated by an organization of property holders of that project.

2.31 Community Development Department
Community Development Department shall mean the division of the Town staff and administration which has the primary responsibility over planning, building, engineering, zoning, and development related services. This is the department with the primary responsibility for project review, under the direction of the Town Mayor. If the Community Development Department is not established the Planning Commission serves as the Community Development Department.

2.32 Community Development Director
The Director of the Community Development Department, with overall administrative control of the planning, building, zoning, and engineering functions of the Town, under the direction of the Town Mayor. This person may also be the Building Official, Zoning Administrator or the Mayor.

2.33 Conditional Use
A use requiring special consideration and review in the manner set forth in Chapter 1 of this Code.

2.34 Condominium
Any structure which has been submitted to condominium ownership under the provisions of the Utah Condominium Ownership Act. This includes residential, nonresidential, and any other space.

2.35 Construction Plan
The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission or Town Engineer as a condition of the approval of the plat.

2.36 Convalescent Home
An institution other than a hospital wherein people may gradually recover from an illness (see Nursing Home).

2.37 Coverage
Lot area covered by a building.

2.38 Cul-de-sac
A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement as well as Fire Fighting and other public safety equipment.

2.39 Developer
The person, persons, corporation, firm or partnership owning the land proposed to be developed in any way, or a designated legal representative. Consent shall be required from the legal owner of the premises.

2.40 Development Credits
Points allocated to parcels of ground in certain districts based on the parcel's square footage. Development credits shall be used to determine volume of allowed uses. Development credits are non-transferable.

2.41 Dwelling
A building or portion thereof designed for use as the residence or sleeping place of one or more persons or families with cooking and bathroom facilities, but not including hotel, motel, lodge, or nursing home rooms.

2.42 Dwelling, Multi-Family
A building arranged or designed to be occupied by two or more families living independently of each other in separate but attached dwellings.

2.43 Dwelling, Single Family
A building arranged or designed to be occupied by only one family; a structure having only one dwelling unit.

2.44 Easement
Authorization by a property owner for the use by another, and for a specified purpose, of any
designated part of his or her property.

2.45 Equivalent Population
A population estimate based upon the year-round average occupancy of all permanent and transient units.

2.46 Escrow
A deposit of cash with the Town or approved alternate entity in lieu of an amount required and still in force on a performance or maintenance guarantee. Such escrow funds shall be deposited in a separate account.

2.47 Family
An individual, or two or more persons related by blood, marriage, or adoption, or a group of not more than four persons who are not related, living in a dwelling unit as a single housekeeping unit.

2.48 Family Day Care
The provision of child day care for four to six children, inclusive, including the provider's own
children under the age of 18, if they are cared for in the same area of the structure designated for Family Day Care.

2.49 Family Group Day Care
The provision of Child Day Care for seven to 12 children, inclusive, including the provider's own children who are under the age of 18, if they are cared for in the same area of the structure designated for Family Group Day Care.

2.50 Fence
A structure constructed for reasons of privacy, security, or aesthetics which is located in such a manner as to separate or divide areas. Includes hedges and masonry walls and may or may not be sight obscuring or light tight.

2.51 Final Approval
Final approval by the Town Council, Appeal Authority or Planning Commission, where Commission action is not always required, of a plan, project, rezoning, use, activity, or other action that shall be given after all the requirements set out in the Preliminary Approval have been met and after all concerns of the reviewing agency regarding such plan, project, rezoning, use, activity, or other action have been addressed and answered. Final approval does not refer to plat approval unless the plat is submitted simultaneously.

2..52 Final Plat
The map or plan or record of a subdivision and any accompanying material, as described in these regulations.

2.52A Flag Lot
A flag or L-shaped lot consisting of a staff portion contiguous with the flag portion, the staff portion
having frontage on a dedicated street.

2.53 Flexible Zoning
Zoning which permits uses of land and density of buildings and structures different from those which are allowed as of right within the zoning district in which the land is situated. Flexible zoning applications shall include, but not be limited to, all special permits and special uses, master planned developments, group housing projects, community unit projects, average density or density zoning projects, as this code may regulate.

2.54 Flood Plain Area
An area adjoining a river, stream, or water course, or other body of standing water in which a
potential flood hazard exists due to inundation or overflow of water having sufficient volume and velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of water courses. Any area designated as a flood plain by the Department of Housing and Urban Development or the Federal Emergency Management Agency or any other agency of the United States Government or State and Local Government Agencies, including the Town of Deweyville.

2.55 Floor Area
The floor area is the area of a building that is enclosed by surrounding exterior walls, excluding a 600 square foot allowance for garages. It is the intent of this definition to include lower levels into the floor area calculation which are not true basements. A true basement has all four walls underground. Therefore, a lower level will be counted into the floor area of a building if it is less than 80% underground or has an outside door (including garage door) visible from public right-of-way. If an entire lower level does not meet the criteria for exclusion from the floor area calculation, no part of the lower level may be excluded. Unenclosed porches, balconies, patios and decks will not be considered floor area. This definition is for planning purposes only and may conflict with other methods of calculating square footage such as the International Building Code.

2.56 Floor Area Ratio
The floor area ratio shall be the floor area as defined in this Chapter, divided by the total area of the lot or parcel on which it, the structure is situated.

2.57 Frontage
That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side on a corner lot.

2.58 Frontage Block
All property abutting one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line.

2.59 Frontage Street
Any street to be constructed by the developer or any existing street in which development shall take place on both sides.

2.60 Garage, Private
A detached accessory building, or a portion of a main building, used for the storage of motor vehicles for the tenants or occupants of a specific building and not by the general public.

2.61 Garage, Public
A building or a portion thereof, other than a private garage, used for servicing, repairing, equipping, hiring, selling or storing motor-driven vehicles.

2.62 General Plan
A Comprehensive or General Plan for development of the Town, prepared and adopted by the Planning Commission and Town Council, pursuant to State law, and including land use maps or other suitability maps and/or any part of such plan separately adopted and any amendment to such plan, or parts thereof.

2.63 Geologic Hazard
A hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property or improvements, due to the movement, failure, flooding, or shifting of the earth.

2.64 Governing Body
The Governing body of the Town (Town Council of Deweyville) having the power to adopt, amend or rescind ordinances, including this code.

2.65 Grade
The slope of a road, street, or other public way, specified in percentage terms and calculated by dividing the difference in elevation between two points by the horizontal distance.

2.66 Grade, Natural
Elevation of the existing surface of the land prior to commencement of construction of any
improvements proposed or any previous site disturbance. Natural grade, when not readily established due to prior modifications in terrain, shall be fixed by reference elevations and slopes at points where the prior disturbance appears to meet the undisturbed portions of the subject property or the adjacent property's undisturbed grade. The estimated natural grade shall tie into the elevation and slopes of adjoining properties without creating a need for new retaining walls, or abrupt differences in the visual slope and elevation of the land; and not change the direction or flow of run-off water. For the purpose of measuring the height of any building from natural grade, the measurement shall be the vertical distance from natural grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to a point midway between the lowest part of the eaves or cornice and ridge of a hip roof. This measurement shall occur at any point within the building plane where height occurs.

2.67 Guarantee
Any form of security including a letter of credit, escrow agreement, bond or instrument of credit in an amount and form satisfactory to the Town. All guarantees shall be approved by the Town wherever required by these regulations.

2.68 Guest House
An accessory building intended for the inhabitation by non-rent paying guests. Provides separate cooking and sleeping quarters and is maintained and owned by the primary residence.

2.69 Habitable Space (Room)
Habitable space (room) is space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage, or utility space, and similar areas are not considered habitable.

2.70 Hard-surfaced
Hard-surfaced shall mean covered with concrete, asphalt or other impervious surface.

2.71 Health Department and Health Officer
The agency and person designated by the Town to administer the health regulations of the Town and/or County or State. This may be the Box Elder County Health Department and Director or the applicable Department of Health and Director of the State of Utah.

2.72 Height
The vertical distance from natural undisturbed grade to the highest point of a roof. Height of nonbuilding structures, that is radio towers and antennas shall be approved as conditional uses.

2.73 Highway, Limited Access
A freeway, or expressway, providing a traffic way for through traffic, in respect to which owners or occupants of abutting property on lands and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the Utah Department of Transportation, having jurisdiction over such traffic way.

2.74 Home Occupation
See the Supplementary Regulations in chapter 3 for a detailed definition.

2.75 Hotel/Motel
A building containing sleeping rooms for the temporary occupancy of guests. Accessory facilities may include a lobby, meeting rooms, recreation facilities, group dining facilities and/or other facilities or activities customarily associated with hotels or hotel apartments. This does not include lock-outs or boarding houses.

2.76 Hotel Room
A unit consisting of one room, without a kitchen, intended for temporary living and sleeping purposes and including a separate, exclusive bathroom.

2.77 Hotel Suite
Two interconnected rooms in a hotel with a single corridor or exterior access and without a kitchen, intended for the temporary occupancy of guests.

2.78 Impact Analysis
A determination of the potential effect of a proposed residential, commercial, or industrial
development upon the community and services it must provide.

2.79 Improvements
See Lot Improvements or Public Improvements.

2.80 In-Home Baby-sitting
The provision of child day care for fewer than four children.

2.81 Joint Ownership
Joint ownership among persons shall be construed as the same owner or "constructive ownership" for the purpose of imposing subdivision regulations.

2.82 Kitchen
A room or space within a room equipped with such electrical or gas hook-up services which would enable the installation of a range, oven, or like appliance using 220/240 volts or natural gas (or similar fuels) for the preparation of food.

2.83 Limits of Disturbance
The limits of disturbance line indicates the area in which construction activity must be contained. Construction disturbance may not extend beyond the limits of the disturbance line as indicated on the subdivision plat and/or Master Plan (MPD) unless the Planning Commission has amended the limit as per this code.

2.84 Local Government
The City or Town of Deweyville, Utah.

2.85 Local Government Attorney
See Town Attorney.

2.86 Local Government Engineer
See Town Engineer.

2.87 Local Road
A road intended to provide access to other roads from individual properties and to provide a right-ofway beneath it for sewer, water, and storm drainage pipes.

2.88 Lockout Room
An area of a dwelling not to exceed one room with separate exterior access and toilet facilities, but no kitchen. Such a room may if permitted be rented independently of the main dwelling but shall not be sold independently. For density purposes, the lockout is counted as an additional bedroom of the dwelling it is a part of, and not counted as an independent unit. Nightly rental of lockout rooms is a conditional use.

2.89 Lot
A parcel or unit of land describable either by metes and bounds, or by other legal plat designation held or intended to be held in separate ownership or leasehold, or a parcel or unit of land shown as a lot 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 smaller units. A lot may not necessarily be buildable.

2.90 Lot, Corner
A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.

2.91 Lot Depth
The minimum distance measured from the front property line to the rear of same property boundary.

2.92 Lot Improvement
Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Certain lot improvements shall be properly guaranteed as provided in these regulations and the Land Management Code.

2.93 Lot Line, Front
The property line dividing a lot from the right-of-way of the street. A front setback shall be required for each side of a parcel which borders a public or private street right of way, unless a project with private streets has previously designated specific setbacks. See the Supplementary Regulation Chapter for specific setbacks on unusual lots.

2.94 Lot Line, Rear
The property line opposite the front lot line.

2.95 Lot Line, Side
Any lot line other than a front or rear lot line.

2.96 Lot Width
The minimum distance between the side property lines.

2.97 Major Street Plan
See Official Zoning Map or Land Use or Zoning Maps. The Major Street Plan is part of these map(s).

2.98 Major Subdivision
All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of ten or more lots, or any size subdivision requiring any new street or extension of the local governmental facilities, infrastructure, or the creation of any new public improvements

2.99 Master Plan
See General Plan.

2.100 Master Planned Development
A development designed and reviewed under the Master Planned Development processes described in this Code.

2.101 Metropolitan or Regional Planning Commission and Metropolitan or Regional Council of Governments
The agency performing A-95 review of all federal grant-in-aid projects required to be reviewed by Regional and State Planning Boards to insure the projects conform to regional and state needs; the planning agency established to carry on regional or metropolitan comprehensive planning.

2.102 Minor Subdivision
Any subdivision containing not more than nine lots fronting on an existing public or private street of adequate capacity, not involving any new street or road, or the extension of municipal infrastructure or facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property(s), and not in conflict with any provision or portion of the Town General Plan, Land Use Map, Official Zoning Map, Streets Master Plan, or these codes and regulations. A minor subdivision must also not require a zone change or re-zone to be subdivided. The subdivider must agree to be bound by the current version of this code and Town General Plan and the property must not contain sensitive lands or lie under the sensitive lands overlay zone.

2.103 Model Home
A dwelling unit used initially for display purposes which typifies the type of units that will be
constructed in the subdivision. Such dwelling units may be erected, at the discretion of the Planning Commission, by permitting a portion of a major subdivision involving no more than two lots to be created according to the procedures for minor subdivisions, as set out in this Code.

2.104 Municipality
The City or Town of Deweyville, Utah.

2.105 Neighborhood Park and Recreation Improvement Fund
A special fund that may be established by the Town Council to retain monies contributed by
developers in accordance with the "money in lieu of land" provisions of these regulations to develop land within reasonable proximity of the land to be subdivided so as to be of local use to the future residents of the subdivision(s).

2.106 Nightly Rental
The rental of a room, apartment, or house or lockout room for a time period of less than 30 days.

2.107 Non-Conforming Use
The use of a building, structure, or land which does not conform to current use regulations for the district in which it is situated, but which was in conformity with prior regulations at the time of its establishment, or which was in existence prior to the establishment of use
regulations for the district in which it is situated.

2.108 Non-residential Subdivision
A subdivision whose intended use is other than residential, such as agricultural, commercial or industrial. Such subdivision shall comply with the applicable provisions of the Town General Plan and the requirements of the Land Management and Development Code.

2.109 Nursery, Greenhouse
A place and or structure in which young plants are raised for experimental purposes, for
transplanting, or for sale.

2.110 Nursing Home
An institution described also as a "rest home", or "convalescent home", other than a hospital, in which persons are lodged and furnished with care rather than diagnoses or treatment.

2.111 Off-site
Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.

2.112 Official Zoning Map
The map established by the Town Council pursuant to law showing the streets, highways, and parks, and drainage systems and setback lines theretofore laid out, and zoning districts, adopted and established by law, and any amendments or additions thereto resulting from the approval of subdivision plats by the Planning Commission and the subsequent filing of such approved plats.

2.113 Official Master Plan
See General Plan.

2.114 One Bedroom Apartment
A dwelling consisting of a living room, a kitchen (which may be a part of the living room), a single room designed and intended as a bedroom, and a bathroom for the exclusive use of that unit, all having a combined floor area of not more than 1,000 square feet.

2.115 Open Space
Open space shall be defined as different separate types dependent upon occupancy, use, and control. All types of open space are referred to collectively as "open space" in this Code. Any of these types of open space could be public or private open space. They shall include:

2.115.1 Agricultural Open Space
Open lands left undisturbed or dedicated primarily as usable agricultural lands for farming
and ranching purposes and intended for use by residents of the development, neighborhood
or community.

2.115.2 Natural Open Space
Natural, undisturbed areas with little or no improvements or irrigation. This may include
such areas as ridge lines, slopes over 30%, wetlands, stream corridors, trail linkages, or
visual linkages. These areas may be subject to an open space conservation easement to ensure that they remain undisturbed and to provide public access as deemed appropriate by the Planning Commission;

2.115.3 Neighborhood Open Space
Landscaped areas free of buildings, structures, and other substantial improvements, and
includes without limitation (a) outdoor swimming pools, swimming pool areas, hard surfaced
recreational areas, and other recreational areas that are unenclosed, and fences, canopies,
bath houses, and accessory structures for recreation use, whether enclosed or unenclosed; (b) driveways that cross the required yard at approximately right angles and serve fewer than
three parking spaces; (c) the ground surface above underground facilities provided it
otherwise qualifies as usable open space under the provisions of this section; and (d)
pedestrian ways to plazas within a building that are directly oriented to the major pedestrian
entrance to the building and are open to view and use by the public; and (e) decks, porches,
patios, terraces and steps under 30 inches high provided they are not covered by a portion
of a building;

2.115.4 Recreational Open Space
Parks and areas of active recreation use including neighborhood or community centers or
clubhouses intended for use by residents of the development, neighborhood or community.

2.116 Ordinance
Any legislative action, however denominated, of the Town Council of Deweyville which has the force of law, including any amendment or repeal of any ordinance.

2.117 Owner
Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be developed or subdivided under these regulations.

2.118 Parking, Public
A parking area or facility on private or public property to be used by the public. Fees for the use thereof may or may not be involved.

2.119 Parking Lot
An area other than a street used for the parking of more than four automobiles.

2.120 Parking Lot, Commercial
A lot used for the temporary parking of automobiles for compensation.

2.121 Parking Lot, Private
A lot used for the temporary parking of automobiles for compensation.

2.122 Parking Space
An area maintained for the parking or storage of an automobile or other vehicle, which is graded for proper drainage and is hard surfaced, porous paved or graded and compacted road-base/gravel where specially permitted.

2.123 Parking Structure
A fully enclosed structure designed and intended for parking or storage of more than four vehicles.

2.124 Perimeter Street
Any existing street to which the parcel of land to be subdivided abuts on only one side.

2.125 Permitted Use
A use of land allowed by right under the provisions of this code.

2.126 Planning Commission
The Planning Commission of the Town of Deweyville, Utah established in accordance with law.

2.127 Planning Department
See - Planning Commission

2.128 Planning Director
See - Community Development Director

2.129 Plat Amendment
A change in a map of an approved or recorded subdivision plat if such change affects any street layout in such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions. Also referred to as a “re-subdivision”

2.130 Porous Paving
A substantial surfacing material designed and intended to support light vehicular movement. Porous paving includes paving systems such as modular pavers which provide at least 50% surface exposure suitable for the establishment of plant materials and which substantially abates surface water runoff. Gravel and/or compacted soil are not acceptable as porous paving materials.

2.131 Preliminary Plat
The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission and Town Council for approval.

2.132 Primary Use
The primary or main use shall be the purpose for which the premises, land or a building therein is designed, arranged, or intended, or for which it is or may be occupied or maintained.

2.133 Professional Office
A building or space used by persons such as accountants, architects, artists, dentists, designers, engineers, lawyers, physicians, Realtors, teachers, and others who, by virtue of training and/or license, are qualified to perform services of a professional nature, and/or where no goods or merchandise are sold or stored.

2.134 Property Line, Front
That part of a lot which abuts a public or private street or public right-of-way.

2.135 Public Improvement
Any drainage ditch or system, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, water or sewer system, or other facility for which the Town may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which Town responsibility is established. All such improvements shall be properly guaranteed and installed as per Town codes, specifications and regulations.

2.136 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, service facilities, and public utilities.

2.137 Quasi-Public Use
A use operated by a private nonprofit educational, religious, recreational, charitable, or philanthropic institution, such use having the purpose primarily of serving the general public, such as churches, private schools, and universities, or similar uses.

2.138 Recreation, Commercial
Recreation facilities operated as business on private or public property and open to the public for a fee, such as a golf course, tennis court, equestrian center, skating rink, etc., and support facilities customarily associated with the development.

2.139 Recreation, Private
Recreation facilities operated on private property and not open to the public.

2.140 Recreation, Public
Recreation facilities operated by a public agency and open to the public with or without a fee.

2.141 Registered Engineer
An engineer properly licensed and registered in the State of Utah

2.142 Registered Land Surveyor
A land surveyor properly licensed and registered in the State of Utah.

2.143 Restaurant
A building in which food is prepared and served for consumption within the premises.

2.144 Restaurant, Drive-In
A building in which food is prepared and served for consumption on the premises, and which includes a facility which allows food to be ordered and taken from the premises for consumption elsewhere.

2.145 Re-subdivision
See - Plat Amendment.

2..145A Restricted Lot
Restricted Lot means a parcel of land severed or placed in separate ownership after July 20,
2006 and which does not meet all area, width , yard and other requirements of this code for
lot; or a parcel of land which does not meet all the requirements of this Code for a lot, but
the creation of which has caused any adjacent lot from which it was severed to be insufficient in area, width, setback, yard or coverage requirements, when such adjacent lot has a structure on it or a building permit issued for a structure to be constructed on it.

2.146 Right-of-Way
A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.

2.147 Roads, Classification
For the purpose of providing for the development of the streets, highways, roads, and rights-of-way in and for their future improvement, reconstruction, realignment, and necessary widening, including provision for curbs and sidewalks and drainage, each existing street, highway, road, and right-of-way, and those located on approved and filed plats, have been designated on the Official Zoning Map of the Town and classified therein. The classification of each street, highway, road, and right-of-way is based upon its location in the respective zoning districts of the Town and its present and estimated future traffic volume and its relative importance and function as specified in the Streets Master Plan or land use maps or zoning maps of Deweyville. The required improvements shall be measured as set forth for each street classification on the Official Zoning Map.

2.148 Road, Dead End
A road or a portion of a street with only one vehicular traffic outlet.

2.149 Road Right-of-Way Width
The distance between property lines measured at right angles to the center line of the street.

2.150 Sale or Lease
Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or transfer, of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, interstate succession, or other written instrument.

2.151 Same Ownership
Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockholder, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.

2.152 Satellite Receiving Station
Shall mean and include any apparatus or device which is designed for the purpose of transmitting and/or receiving radio, television, satellite microwave, or other electromagnetic energy signals between terrestrial and/or orbital based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, satellite microwave antennas, TVRO's or dish antennas. This definition does not include conventional television antennae or ham radio antennae.

2.153 Screening
Either (a) a strip of at least ten feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least four feet high at the time of planting, of a type that will for a year-round period, will provide a dense screen at least six feet high; or (b) an opaque wall or barrier or uniformly painted fence at least six feet high. Either (a) or (b) shall be maintained in good condition at all times and may have no signs affixed to or hung in relation to the outside thereof except the following: for each entrance, one directional arrow with the name of the establishment with "For Patrons Only" or like limitation, not over two square feet in area, which shall be non-illuminated. Where required in the district regulations, a screen shall be installed along or within the lines of a plot as a protection to adjoining or nearby properties.

2.154 Secondary Living Quarters
Areas within main dwellings which are used by the property owner or primary tenant as dwellings for the private use of the property owner's relatives, domestic help, caretakers, nursing staff, house guest, or similar users. The Code requires these quarters to be small, on the same utility meter system as the main dwelling, with limited access, and not separately rented or leased. Review for this use is undertaken by the Planning and Building Departments at the time of Building Permit request and is a conditional use.

2.155 Semi-Detached Building
Units connected on one side by an insulated common or party wall with separate exterior entrance for each unit.

2.156 Setback, Front
A front setback will be required for each side of a lot bordering a public street or other right of way.

2.157 Setback
The distance between a building and the street line or road right-of-way, or nearest property line thereto.

2.158 Shade Tree
A tree in a public place, street, special easement, or right-of-way adjoining a street as provided in these regulations.

2.159 Site Development Standards
Established regulations concerning lot areas, yard setbacks, building height, lot coverage, open space, and any other special regulations deemed necessary to accomplish the goals and purposes of the underlying zoning district.

2.160 Sketch Plat
A sketch preparatory to the preparation of the preliminary plat (or subdivision plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Planning Commission as to the form of the plat and the objectives and/or conditions of these regulations.

2.161 Street, Public
A thoroughfare which as been dedicated and accepted by the Council, which the Town has acquired by prescriptive right or which the Town owns, or accepted for dedication on an approved final plat, or a thoroughfare which as been dedicated or made public by right of use and which affords access to abutting property, including highways, roads, lanes, avenues, and boulevards. Any street or road shown on the Streets Master Plan or Land Use Maps or Official Zoning Maps as a public street.

2.162 Structure
Anything constructed, the use of which requires fixed location on or in the ground, or attached to something having a fixed location upon the ground and which imposes an impervious material on or above the ground; definition includes "building". All structures must maintain the minimum set-backs for the district in which they are located, both above and below the ground.

2.163 Studio Apartment
A dwelling unit consisting of a single room equipped for cooking, living, and sleeping, having a separate bathroom or kitchen for the exclusive use of that apartment, all having a combined floor area of not more than 1,000 square feet.

2.164 Subdivider
Any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who (2) directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot parcel site, unit, or plat in a subdivision; or who (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unit, or plat in a subdivision; or who (4) is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.

2.165 Subdivision
Any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, site, units, plots, or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any or all other plans, terms, and conditions, including re-subdivision. Subdivision includes the division or development of residential and nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument.

2.166 Subdivision Agent
Any person who represents, or acts for or on behalf of, a subdivider or developer, in selling, leasing, or developing, or offering to sell, lease, or develop any interest, lot parcel, unit, site, or plat in a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services.

2.167 Subdivision Plat
The final map or drawing, described in these regulations, on which the subdivider's plan of
subdivision is presented to the Planning Commission and Town Council for approval and which, if approved, may be submitted to the Box Elder County Recorder for filing at the subdivider's expense.

2.168 Support Commercial Facilities
Those commercial uses which are located on the site of a master planned development, and oriented toward the internal circulation of the development, for the purpose of serving the needs of the residents or users of that development, and not the general public or persons drawn from off the site of the Master Planned Development. Examples of support commercial uses are barber shops, beauty salons, travel agencies, clothing stores, gift shops, convenience stores, art galleries, auto rentals, camera stores, liquor stores, pharmacies, sporting goods stores, day care nurseries, information centers, tennis or golf pro shops, or other hotel lobby type uses. No use occupying more than 2,000 gross square feet of floor area will be considered as support commercial.

2.169 Tandem Parking
Parking designs which necessitate parking one vehicle behind another. Such parking may not include more than two cars in depth, and may not require occupants of separate dwellings to park behind one another.

2.170 Temporary Improvement
Improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance guarantee.

2.171 Town
The Town of Deweyville, Utah. Town shall mean City and City shall mean Town in this Ordinance.

2.172 Town Attorney
The licensed attorney designated by the Town or City to furnish legal assistance for the administration of these and other regulations.

2.173 Town Council
The Town or City Council of Deweyville, Utah.

2.174 Town Engineer
The State of Utah licensed engineer designated by the Town or City to furnish engineering assistance for the administration of these and other regulations.

2.175 Town Staff
The employee or employees of Deweyville charged with the duties of performing ministerial or administrative functions under this Code. When specific job titles are referred to in this Code, it is done for convenience in designating the person or department primarily responsible for that particular function. All Town staff functions are under the direction of the Mayor, and the use of a specific job title shall not be construed as vesting Authority with that person or department as all staff actions are under the direction of the Town or City Mayor and Council and the staff or departmental structure established by the Mayor for the effective operation of Municipal affairs.

2.176 Unit Equivalent
The relative density factor applied in the Code to different sizes and configurations of dwelling units and commercial spaces within a Master Planned Development.

2.177 Use, Intensity
The maximum number of residential units, or commercial, or industrial space within a specified land area designated for that purpose.

2.178 Yard
A required space on a lot other than a court, unoccupied and unobstructed by buildings from the ground upward, except as otherwise provided herein. Yard areas for below grade structures must be provided unless a variance is obtained.

2.179 Yard, Front
A required space between the front line of the main building and the front lot line or closer right-of way line of an abutting street or right-of-way and extending across the full width of a lot. The "depth" of the front yard is the minimum distance between the front lot line and the front line of the closest main building.

2.180 Yard, Rear
A required space between the rear line of the building and the rear lot line, or closer public street and extending the full width of the lot. The "depth" of the rear yard is the minimum distance between the rear lot line and the rear line of the main building.

2.181 Yard, Side
A required space between the side line of the building and the side lot line and extending from the front yard to the rear yard. The "width" of the side yard shall be the minimum distance between the side lot line and the side line of the building.