The purpose of this chapter is to provide the definitions for terms specific to this title and title 16 of this Code.

(Ord. 2017-03, 3-28-2017, eff. 4-12-2017)

1. Whenever any words or phrases used in this title are not defined herein, but are defined in related sections of the Utah Code, County subdivision ordinance, or the family of International Building Codes, such definitions are incorporated herein and shall apply as though set forth herein in full, unless the context clearly indicates a contrary intention as determined by the Land Use Authority. For any words or phrases not specifically defined in the codes as noted, the current online Merriam-Webster Dictionary must be used to determine meaning within the context in which they are used as determined by the Land Use Authority.
2. Unless a contrary intention clearly appears, words used in the present tense include the future, the singular includes the plural, the term "shall" is always mandatory, and the term "may" is permissive. The following terms as used in this title shall have the respective meanings hereinafter set forth.
3. As determined by the Land Use Authority, definitions nested for organizational purposes shall be considered as stand-alone for definitional purposes.

(Ord. 2017-03, 3-28-2017, eff. 4-12-2017)

1. Terms used within chapter 17.09 of this title to identify specific uses regulated within this title:
   
   

   RESIDENTIAL USES:
   1100	SINGLE FAMILY DWELLING: A structure containing one dwelling unit. The following requirements also apply:
   	1.	Only one dwelling unit is allowed per legal lot/parcel with the exception of a single accessory apartment.
   	2.	The structure must be a manufactured home, mobile home, or other permitted structure on a permanent foundation.
   	3.	With the approval of the Land Use Authority, this use may allow more than one kitchen if it does not result in the creation of a second dwelling unit.
   	4.	Uses considered accessory to the primary single family dwelling include: accessory apartment, accessory/agricultural structures, home based business, guest house, swimming pool, and similar accessory uses.
   1110	FOSTER HOME: As licensed by the State of Utah and defined within Utah State Code 62A-2-101.
   1120	ACCESSORY DWELLING UNIT (ADU): A self-contained dwelling unit containing bedrooms, private bath and kitchen facilities that is accessory and secondary to a single family dwelling as the primary use. an ADU must comply with the following requirements:
   	1.	Use limitations:
   		a. Only one (ADU of any type) is allowed per legal lot or parcel in the A10,RU2 or Ru5 zones.
   		b. Short-Term Rentals Prohibited. The accessory dwelling unit or primary dwelling unit must be rented for 30 consecutive days or longer by the same occupant.
   		c. Owner Occupied: The primary single family dwelling unit or the ADU must remain owner occupied, except when an owner has a bona fide temporary absence of three years or less for activities such as military service, temporary job assignments, sabbaticals or voluntary service.
   		d. Mobile homes, Recreational Vehicles and shipping containers shall not be considered or used as an ADU.
   		e. Neither the primary dwelling unit nor the ADU may be sold or conveyed separately, and no additional parcel or lot may be created for an ADU. Prior to receiving a zoning clearance approval for an ADU, the owner must record against the deed to the subject property, a County ADU acknowledgment form as a deed restriction running in favor of the county limiting occupancy of either the principal dwelling unit or the ADU to the owner of the property. This recorded notice shall contain the following: i. A description of the primary dwelling; ii. A statement that the primary dwelling contains an ADU; iii. A statement that the ADU may only be used in accordance with the provisions of this chapter and other county ordinances. iv. The language and format of this notice shall be drafted by the County Attorney. This notice shall be required to be recorded before issuing a certificate of occupancy for the ADU.

   
   2.ADU Types:
   
   
   a. Internal ADU. Must be within the footprint of the primary dwelling (e.g., basement, attic) at the time the internal accessory dwelling unit is created. Primary dwelling shall include a garage if the garage is connected to the primary dwelling by a common wall. As allowed by State Code Section 10-9a-530, there is no maximum size or limited to the cumber of bedrooms for an internal ADU, However all other applicable design requirements of this definition must apply., or
   
   b. Attached ADU. An ADU appendage to an existing or proposed single family dwelling that extends beyond the footprint of the primary dwelling living and garage/storage area. An attached ADU living area shall contain two or fewer bedrooms, with a total area that is less than 50 percent of the total square footage of the primary residence but not more than 1,200 square feet. The ADU shall contain an internal connection between common living area(s) of the accessory apartment and the single family dwelling that meets the requirements of this definition,
   
   c. Not allowed: Detached ADU. An Adu that is detached from the primary dwelling unit is not allowed.
   3.Design:
   
   a. Required: Attached ADU's must share a common wall and roof for a minimum of twenty (20) linear feet with the primary dwelling and include an internal connection into a common living area of the primary dwelling, or an administrative exception of less than 20 feet may be granted for the full width of a shared exterior wall elevation of the existing structure. The internal connection can be closed off by a door. A basement or attic accessory apartment meets this requirement with the common floor, but must maintain an internal connection to the primary dwelling.
   
   b. External Appearance: The architectural style, building materials, and building colors of an ADU must be compatible and consistent with the primary dwelling.
   
   c. Entrance: An exterior entrance to an internal ADU or Attached ADU must be on the side or rear of the primary single family dwelling.
   
   d. An ADU must include a primary entrance that is not accessed through a garage or storage area. A secondary access into a garage or storage area is permitted.
   
   e. Attached ADU’s are limited in height to a maximum of 2 stories.
   
   
   f. For the purposes of this definition, building area in square feet must be measured as the gross building area, inclusive of internal rooms/spaces and exterior walls.
   
   
   g. ADU’s must be built on a permanent foundation.
   
   4.Permits And Approvals:
   
   a. Must apply for and obtain approval of a zoning clearance prior to applying for a building permit. Application materials must include floor plans and elevations to confirm size, design, and other requirements of this definition.
   
   b. Must be permitted and approved by the Bear River Health Department, Utah Division of Water Rights, County Development services, Public Works and Fire Department with respect to sanitation, water, drainage, and all applicable Health Codes and requirements and must also comply with all applicable Land Use, Building, and Safety Codes.
   5.For the purposes of future expansion and flexibility of use, a homeowner may convert a smaller single family dwelling into an ADU and build a larger primary single family dwelling unit. An existing dwelling unit may be lived in while an additional unit is under construction provided that both units meet all requirements of this Chapter. Use (or occupancy) of a new accessory or primary dwelling unit will commence no sooner than the County issuance of certificate of occupancy following the final construction and building permit inspection.1130ACCESSORY/AGRICULTURE STRUCTURES: A use or a structure subordinate to the primary use of a lot, or of a primary building on the same lot, and serving a purpose clearly incidental to a permitted primary use of the lot or of the building and which accessory use or structure is compatible with the primary permitted uses or structures authorized under land use regulations applicable to the property. This includes, but is not limited to, the following:
   
   1.Residential: Structures associated with recreational activities, raising of pets, or parking of occupants' vehicles such as a garage or carport, accessory buildings for home hobbies, storage buildings, fences, patios, decks, and gardens.
   
   2.Commercial/Manufacturing: Includes structures associated with the onsite sale of manufactured goods, offices, parking, storage, and a caretaker's residence.
   
   3.Agriculture Structure: As defined within 15A-1-204(11) of Utah Code Annotated, 1953, as amended.
   1200HOME BASED BUSINESS: A use incidental and secondary to a property's primary residential use which does not significantly alter the exterior of the property or affect the residential character of the site as determined by the Development Services Director. The only employees and/or volunteers working at the home shall be the residents of the home. One non-resident employee may work in the residence if it can be demonstrated that there are not significant impacts due to the increase. A minor variance is required as specified in section 17.02.040 of this title. Typical uses include:
   
   1.Home Office: A business which is comprised of an office in the home, consulting services, internet based business, or service activities that are managed from the home and occur away from the residential property. This includes sales activities where the business proprietor makes the primary sales transaction at another location such as demonstration sales or sales parties (i.e., cosmetics, cutlery, vacuums, etc.).
   
   2.Home Day Care/Preschool: A program providing care in an occupied dwelling operated by residents of that dwelling in which lessons and/or care are provided for not more than eight (8) children. The State licensed and/or reviewed capacity must include all children less than four (4) years of age of any caregiver when their children are present in the residence. Preschool sessions shall last for not more than four (4) hours and shall not overlap. Individual children may attend only one preschool session in any twenty four (24) hour period. Refer to Utah Code Annotated section 26-39 Utah Child Care Licensing Act for State licensing requirements.
   3.Minor Service Provision: Typically includes professional services where client meetings may occur at the home.
   
   4.Minor Production: Production of goods that can be completed within the existing home typically including food goods, arts/crafts, or woodworking.
   1300MULTI-FAMILY DWELLING: A building or portion thereof containing two (2) or more dwelling units. Excludes single family dwellings with accessory apartments.
   1400SEASONAL CABIN: A dwelling used for recreational or leisure purposes with the occupancy period for such dwelling limited to a maximum of one hundred eighty (180) days, or less, for each calendar year. A seasonal cabin cannot be utilized as a primary residence. Only one seasonal cabin is allowed per legal lot/parcel.
   1500RESIDENTIAL LIVING FACILITY: A general term for the following types of facilities:
   
   1.Residential Facility For Persons With A Disability: A single-family dwelling unit in which more than one person with a disability resides and which is licensed or certified by the Utah Department of Human Services under Utah Code Annotated 62A et seq., as amended, or the Utah Department of Health under Utah Code Annotated section 26-21 et seq., as amended. Treatment is not a necessary component of a residential facility for persons with a disability, but may be provided upon request. Any treatment provided shall be clearly ancillary to the use of the facility as a residence.
   1600CARETAKER'S RESIDENCE: A dwelling unit accessory to a commercial or industrial use for occupancy by the person who oversees the nonresidential operation, and his or her family. A caretaker's residence must be located on the same immediate property as the primary use, and cannot exceed thirty percent (30%) of the square footage of the structure with the primary nonresidential operation up to a maximum of one thousand (1,000) square feet in size.
   MANUFACTURING INDUSTRIES:
   2100GENERAL MANUFACTURING: The manufacture, processing, and assembling of products by mechanical or chemical processes. Typically includes the manufacturing of rock products (including concrete/asphalt plants); metal products; wood products (including saw mills and pulp factories); plastic components; and the commercial processing of animal products (meat, dairy, eggs, etc.).
   2110AGRICULTURAL MANUFACTURING: The processing of agriculturally based products where seventy five percent (75%) or more of the goods are grown directly on the property or on adjacent property that is operated by the owner of the agricultural manufacturing business. Includes any value added agricultural processing including but not limited to: honey processing, juice production from orchards or berries, meat or fish processing (smoking, jerky, cured meats, etc.), processing of vegetables, etc.SALES AND SERVICES:
   3100COMMERCIAL BUSINESS: Any commerce endeavor to engage in the purchase, sale, lease, or exchange of goods, and/or the provision of services. This includes the following specific uses:
   
   1.Commercial Sales And Services: An establishment that provides products or services directly to a consumer, and where such products are available for immediate purchase and removal from the premises by the purchaser.
   
   2.Professional Services: An administrative, professional, research, laboratory, or personal service, which requires as a condition precedent to the rendering of such service, the obtaining of a license or other legal authorization. These typically include, but are not limited to, services rendered by: certified public accountants, public accountants, engineers, chiropractors, dentists, osteopaths, physicians and surgeons, podiatrists, architects, veterinarians, attorneys at law, physical therapists, and life insurance agents. Merchandise or merchandising services must not be sold on the premises except such as incidental or accessory to the principal use.
   3200HOME BASED KENNEL: Any establishment accessory to a single-family dwelling at which seven (7) to twelve (12) adult dogs are boarded, groomed, bred, raised, and/or otherwise kept. A home based kennel must comply with the following requirements:
   
   1.The kennel must include a structure and/or fenced area to confine the dogs to the subject property. Dogs are prohibited from crossing onto adjacent properties unsupervised. The structure and/or fenced area must be of a sufficient size and height to accommodate and contain the particular breed(s) of dogs at the kennel. At the time of application, the applicant must provide detailed information and elevations for the structure and/or fenced area as part of their submittal.
   
   2.All kennel facilities must be a minimum of fifty feet (50') from the property boundary.
   
   3.Noise levels from the kennel shall not exceed ten (10) decibels (dBA, Leq) above the existing ambient noise levels at the property line at any time of day or night. A sound level impact and assessment report prepared and signed by a qualified professional must be provided prior to recordation to establish the existing ambient noise levels.
   3210RURAL KENNEL: Any establishment not accessory to a dwelling unit at which seven (7) to twelve (12) adult dogs are boarded, groomed, bred, raised, and/or otherwise kept. A rural kennel must comply with the following requirements:
   
   1.A rural kennel shall consist of no more than twelve (12) adult dogs (i.e., six (6) months of age or older).
   2.The kennel is accessory to a use type 6100 Agricultural Production Use, as defined in the County Code.
   
   3.The kennel must be located on a legal parcel, five (5) acres or larger in size that qualifies as land under agricultural use that is actively devoted to agriculture as defined by the Farmland Assessment Act, Utah Code Annotated section 59-2-5.
   
   4.The kennel must include a structure and fenced area to confine the dogs to the subject property. Dogs are prohibited from crossing onto adjacent properties unsupervised. The structure and fenced area must be of a sufficient size and height to accommodate and contain the particular breed(s) of dogs at the rural kennel. At the time of application, the applicant must provide detailed information and elevations for the structure and fenced area as part of their submittal.
   
   5.A sign, two feet by three feet (2' x 3') or six (6) square feet, must be posted on the private property along the property line and immediately adjacent to a recognized access point that legibly provides the contact name and phone number for the person(s) responsible for the kennel. Multiple signs may be required depending on the size of the parcel and number of recognized access points.
   
   6.All kennel facilities must be a minimum of fifty feet (50') from the property boundary.
   
   7.Noise levels from the kennel shall not exceed ten (10) decibels (dBA, Leq) above the existing ambient noise levels at the property line at any time of day or night. A sound level impact and assessment report prepared and signed by a qualified professional must be provided prior to recordation establish the existing ambient noise levels.
   3300COMMERCIAL KENNEL/ANIMAL SHELTER: Any establishment where the boarding, grooming, breeding, raising, and/or otherwise keeping of thirteen (13) or more adult dogs or cats occurs or the requirements of a home based kennel or rural kennel cannot be met. A commercial kennel/animal shelter must comply with the following requirements:
   
   1.The kennel must include a structure and fenced area to confine the dogs to the subject property. Dogs are prohibited from crossing onto adjacent properties unsupervised. The structure and fenced area must be of a sufficient size and height to accommodate and contain the particular breed(s) of dogs at the kennel. At the time of application, the applicant must provide detailed information and elevations for the structure and/or fenced area as part of their submittal.
   
   2.All kennel facilities must be a minimum of fifty feet (50') from the property boundary and a minimum of twenty feet (20') from a caretaker's residence, if present.
   
   3.Noise levels from the kennel shall not exceed ten (10) decibels (dBA, Leq) above the existing ambient noise levels at the property line at any time of day or night. A sound level impact and assessment report prepared and signed by a qualified professional must be provided prior to recordation to establish the existing ambient noise levels.3400STORAGE AND WAREHOUSING: A structure(s) containing storage space(s) of varying sizes that are affiliated with a commercial or industrial uses. Such facilities are to be used for dead storage only. No business activities may be conducted from a storage facility other than those that are clearly ancillary to the primary business. Also includes the following specific uses:
   
   1.Storage Yard: The storage of large equipment and vehicles (either construction or transport); bulk construction materials (soil and rock products or building materials); and buildings or structures for uses such as offices or repair facilities.
   
   2.Salvage Yard: A facility or area for storing, keeping, selling, dismantling, shredding, compressing, or salvaging scrap or discarded material or equipment. Scrap or discarded material includes but is not limited to metal, paper, rags, tires, bottles, motor vehicle parts, machinery, structural steel, equipment, and appliances. The term includes facilities for separating trash and debris from recoverable resources, such as paper products, glass, metal cans, and other products which can be returned to a condition in which they may again be used for production.
   3410SELF SERVICE STORAGE FACILITY: A building or group of buildings divided into separate compartments used to meet the temporary storage needs of small businesses, apartment dwellers, and other residential uses; and may include refrigerated or climate controlled facilities.
   3500TRANSPORT SERVICES: An establishment engaged primarily in the loading and unloading of freight onto tractor trucks or the dispatch of tractor trucks which will be used to haul freight. May also include services for the fueling, servicing, repair, or parking of trucks or similar heavy commercial vehicles. Excludes the parking of a single truck by an owner/operator at their place of residence and trucks owned and operated by an agricultural entity engaged in the transport of seventy five percent (75%) or more of that owner's agricultural products.
   3600GENERAL VEHICLE REPAIR: Any building, structure, improvements, or land used for the repair and maintenance of small engines, automobiles, motorcycles, trucks, trailers, tractors, or similar vehicles including but not limited to body, fender, muffler, or upholstery work, oil change and lubrication, painting, tire service and sales, but excludes dismantling or salvage.
   3700MEDICAL SERVICES/FACILITIES: A general term for the following uses:
   
   1.Secure Treatment: As licensed by the State of Utah and defined within Utah State Code 62A-2-101.
   
   2.Substance Abuse Treatment Program: As licensed by the State of Utah and defined within Utah State Code 62A-2-101.
   
   3.Outpatient Treatment: As licensed by the State of Utah and defined within Utah State Code 62A-2-101.
   4.Day Treatment: As licensed by the State of Utah and defined within Utah State Code 62A-2-101.
   
   5.Healthcare Facility: As licensed by the State of Utah and defined within Utah State Code 26-21-2.
   
   6.Hospital: As licensed by the State of Utah and defined within Utah State Code 26-36a-103.
   
   7.Veterinary Clinic: A facility for the diagnosis, treatment, and hospitalization of animals, and which may include boarding and outdoor holding facilities.
   3800HUMAN CARE SERVICES: A general term for the following uses:
   
   1.Domestic Violence Treatment Program: As licensed by the State of Utah and defined within Utah State Code 62A-2-101.
   
   2.Assisted Living Facility: As licensed by the State of Utah and defined within Utah State Code 26-21-2.
   
   3.Day Care, Adult: As licensed by the State of Utah and defined within Utah State Code 62A-2-101.
   
   4.Day Care/Preschool, Commercial: Any facility, at a nonresidential location, operated by a person qualified by the State of Utah, which provides children with day care and/or preschool instruction as a commercial business and complying with all State standards and licensing.
   
   5.Nursing Care Facility: As licensed by the State of Utah and defined within Utah State Code 26-21-2.
   6.Residential Support: As licensed by the State of Utah and defined within Utah State Code 62A-2-101.
   
   7.Residential Treatment Program: As licensed by the State of Utah and defined within Utah State Code 62A-2-101.
   
   8.Youth Program: As licensed by the State of Utah and defined within Utah State Code 62A-2-101.
   
   9.Long Term Care Facility: As licensed by the State of Utah and defined within Utah State Code 62A-3-202.
   CULTURAL, ENTERTAINMENT, AND RECREATION:
   4100RECREATIONAL FACILITY: A place, either indoor or outdoor, designed and equipped for the conduct of sports and leisure time activities that is operated as a business and/or open to the general public. A recreational facility is operated for a period of greater than thirty (30) days per year and may also include incidental transient lodging accommodations for up to fifteen (15) rooms. For the purposes of a recreational facility only, "room" is defined as a self-contained area within a structure that has a maximum of two (2) sleeping areas, one bathroom, and no provision for cooking. A room provides sleeping accommodations for the general public utilizing the associated recreational facility. All rooms associated with a recreational facility must be contained within a single structure, and access to rooms must be primarily from interior lobbies or halls. A central kitchen and dining room catering to guests and the general public can be provided within the same structure. A recreation facility does not include Use Type 4110 - Campground.
   4110CAMPGROUND: Any area with 2 or more campsites in the FR40, RR or C zones that are improved for occupancy by transients using recreational vehicles, motor homes, mobile trailers, or tents for dwelling, lodging, or sleeping purposes with a duration of state for a period of 30 days or less. Water and sewage facilities shall comply with State requirements (see § 17-10.040.3.a.).
   4200RESORT: A large scale, master planned facility which serves as a destination point for visitors, and has recreational facilities and may include residential accommodations for guests. Typical uses within a resort include but are not limited to: ski facilities, golf courses, and other recreational facilities, overnight accommodations, meeting rooms, convention and banquet facilities, administrative facilities, maintenance and storage facilities, and restaurant/retail uses which are customarily appurtenant to such uses. See chapter 17.14, "Resort Recreation (RR) Zone", of this title for specific requirements.
   4300TRANSIENT LODGING: A general term for the following uses:
   
   1.Motel: A building or group of buildings for the accommodation of transient guests, comprising individual sleeping or living units, and designed and located to serve the motoring public.
   2.Hotel: An establishment with or without fixed cooking facilities in individual rooms offering transient lodging accommodations to the general public, and which may provide additional services such as restaurants and meeting rooms.
   4310BED AND BREAKFAST INN: An owner occupied dwelling offering transient lodging accommodations where meals may be provided. A bed and breakfast inn may have no more than four (4) guestrooms.
   4400RESTAURANT: A commercial establishment where food and beverages are prepared, served, and consumed primarily within the principal building and where food sales constitute more than eighty percent (80%) of the gross sales receipts for food and beverages.
   4410MOBILE FOOD TRUCK: A temporary food service establishment, which has a duration limited to six (6) months at any single location, that is a vehicle mounted food service establishment designed to be readily movable.
   4500SEXUALLY ORIENTED BUSINESSES: Seminude entertainment businesses, sexually oriented outcall services, adult businesses, and seminude dancing agencies, as defined by title 5 of this Code, and also addressed by chapter 17.24 of this title.
   PUBLIC, INSTITUTIONAL, AND UTILITY USES:
   5100CEMETERY: A location used for interment of human or animal remains, including a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or a combination thereof, and meeting all applicable local, State, and Federal requirements and regulations.
   5110CREMATORIUM: A location containing a cremation chamber or retort intended for use in the act of cremation of human or animal remains, and that meets all applicable local, State, and Federal requirements and regulations.
   5200PUBLIC USES: A use operated exclusively by a public entity over which the County has no jurisdiction in compliance with section 17-27a-304, Utah Code Annotated, 1953, as amended.
   5300RELIGIOUS MEETING HOUSE: A building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. Includes synagogue, temple, mosque, or other such place for worship and religious activities.5400CORRECTIONAL FACILITY: Facilities for the judicially required detention or incarceration of people, where inmates and detainees are under 24-hour supervision by professionals, except when on approved leave. If the use otherwise complies with this definition, a correctional facility may include, by way of illustration, a prison, jail, or probation center.
   5500EDUCATIONAL FACILITY: Any building or part thereof which is designed, constructed, or used for education or instruction by a public or private organization in any branch of knowledge, but excluding preschool centers. Includes the following uses:
   
   1.Boarding School: As licensed by the State of Utah and defined within Utah Code Annotated, 1953, as amended, section 62A-2-101.
   
   2.Therapeutic School: As licensed by the State of Utah and defined within Utah Code Annotated, 1953, as amended, section 62A-2-101.5600UTILITY FACILITY, TRANSMISSION: A general term for the following uses. These uses are not required to be located on a building lot or to comply with the minimum lot size requirement for the district in which it is located.
   
   1.Electric Transmission Line: A power transmission line, either above or below ground, designed to provide electric transmission at voltages of one hundred forty thousand (140,000) volts (140 kV), or greater, and that may provide for interstate power transmission, power transmission between substations, or to provide power to customers or areas located outside of the County.
   
   2.Gas Pipeline Right-Of-Way: A gas transmission pipeline of twelve inches (12") or larger diameter that may provide for interstate gas transmission, or to provide gas to customers or areas located throughout the County.
   
   3.Wind Or Water Energy System: A wind or water energy conversion system consisting of one (1) or more turbines and/or towers and associated control and/or conversion electronics and providing generated electrical power to be used for off site consumption.
   
   4.Petroleum Pipeline: A petroleum or oil transmission pipeline of four inches (4") or larger in diameter and that provides for interstate petroleum or oil transmission, or to provide petroleum or oil to customers or areas located throughout the County.
   
   5.Electric Substation: A power regulating facility designed to regulate power for distribution at voltages of one hundred forty thousand (140,000) volts (140 kV) or greater.
   6.Compression/Pumping Station: A gas or petroleum regulating facility designed to regulate the flow along major utility facilities.
   5610UTILITY FACILITY, DISTRIBUTION: A general term for the following uses. These uses are not required to be located on a building lot or to comply with the minimum lot size requirement for the district in which it is located.
   
   1.Electric Transmission Line: A power transmission line, either above or below ground, designed to provide electric transmission at voltages of less than one hundred forty thousand (140,000) volts (140 kV) but more than thirty thousand (30,000) volts (30 kV).
   
   2.Gas Pipeline: A gas transmission pipeline of less than twelve inches (12") in diameter.
   
   3.Water/Wastewater Transmission Line: A transmission line for water (culinary or irrigation water) or wastewater greater than eighteen inches (18") in diameter. Open canals and barrow pits are exempt from this requirement.
   
   4.Electric Substation: A power regulating facility designed to regulate power for distribution to customers at voltages less than one hundred forty thousand (140,000) volts (140 kV).
   
   5.Compression/Pumping Station: A gas or petroleum regulating facility designed to regulate the flow along minor utility facilities.
   5620UTILITY FACILITY, SERVICE: Electric, gas, communication, water, sewer, irrigation, drainage lines, or other utility facilities that provide local delivery or collection services from either utility facility distribution or transmission services. This includes home based geothermal, wind, solar, or water powered facilities limited to the production capacity required to service a single family dwelling.
   5700TELECOMMUNICATION FACILITY, MAJOR: See chapter 17.20, "Telecommunication Facilities", of this title.
   5710TELECOMMUNICATION FACILITY, MINOR: See chapter 17.20, "Telecommunication Facilities", of this title.5800PUBLIC AIRPORT: A site licensed by the State for the takeoff or landing of aircraft, including uses that may be appurtenant and accessory to said activity (e.g., runways, hangars, facilities for refueling and repair). The following are required at the time of application:
   
   1.A copy of any and/or all FAA reviews, forms, and analyses regarding the airport location, activity, and design including:
   
   
   a. The current FAA Form 7480-1, and;
   
   b. FAA response to the Form 7480-1 submission.
   
   c. A copy of the airport master record.
   2.A copy of the design criteria as per the current FAA Airport Design Advisory Circular AC 150/5300-13A as applicable to the type of aircraft proposed to operate at the site. Said design criteria must be implemented at the site.
   
   3.A copy of the State of Utah license as issued by the Utah Division of Aeronautics.
   5810PRIVATE AIRPORT: Any area for the takeoff or landing of aircraft and that is not open to the public, including uses appurtenant to said activity (e.g., runways, hangars, facilities for refueling and repair).
   
   1.Application: The following are required at the time of application:
   
   
   a. A copy of any and/or all FAA reviews, forms, and analyses regarding the airport location, activity, and design including:
   
   (1) The current FAA Form 7480-1, and;
   
   (2) FAA response to the Form 7480-1 submission.
   
   b. A copy of the design criteria as per FAA Airport Design Advisory Circular AC 150/5300-13B as applicable to the type of aircraft proposed to operate at the site. Said design criteria must be implemented at the site.
   2.Location: The airport and the following must be located within the boundaries of property owned by the proponent, or that is within a recorded easement:
   
   
   a. All appurtenant uses and structures; and
   
   b. All zones and areas related to the land use and associated with the required design criteria as specified in the noted FAA Airport Design Advisory Circular in item 1b above.
   3.The proposed use of a private airport must not impose a hazard upon the person or property of others as required in State Code Section 72-10-1-116.
   5900SOLID WASTE FACILITY: A facility engaged in solid waste management, including:
   
   1.Landfill: A landfill.
   2.Processing System: A processing system, including:
   
   
   a. A resource recovery facility;
   
   b. A facility for reducing solid waste volume;
   
   c. A plant or facility for compacting, composting, or pyrolization of solid waste;
   
   d. A solid waste disposal, reduction, or conversion facility.
   3.Composting Facility: A facility where organic materials are converted into a humus like material under a process of managed biological decomposition or mechanical processes. Normal backyard composting and composting incidental to farming operations are exempted from this use.
   
   4.Sewage Treatment Works: A facility designed for the collection, removal, treatment, and disposal of waterborne sewage generated within a given service area. Includes sewage lagoons and sewage treatment plants. Excludes septic systems.
   5910NUCLEAR WASTE FACILITY: A facility for the disposal or transfer of high-level nuclear waste or greater than Class C radioactive nuclear waste, as defined within Utah Code Annotated, 1953, as amended, section 19-3-303, as "waste(s)", that is located wholly or partially within the County.
   RESOURCE PRODUCTION AND EXTRACTION:
   6100AGRICULTURAL PRODUCTION: The derivation of a product from agriculture. Also includes the following specific uses:
   1.Horticultural Production: The use of land for the growing or production for income of fruits, vegetables, flowers, nursery stock, including ornamental plants and trees, and cultured sod.
   
   2.Aquiculture: The commercial cultivation of aquatic life, such as fish, shellfish, and seaweed.
   
   3.Agricultural Products Storage: The storage of raw agricultural products. This use does not include the commercial slaughtering, the processing and packaging of meat and poultry, or the processing of food stuffs.
   
   4.Animal Husbandry: An agricultural operation or establishment which keeps, feeds, or raises livestock for commercial purposes and as a primary land use.
   
   5.Grazing: The feeding of livestock where more than fifty percent (50%) of the feed is produced on the immediate parcel and available to the animals as in-place vegetation to sustain life.
   6110CONCENTRATED ANIMAL FEEDING OPERATION (CAFO): A lot or facility as defined by the EPA as meeting or exceeding the standards of a large CAFO.
   6120LIVESTOCK AUCTION FACILITY: A structure or structures with associated pens, yards, corrals, and loading and unloading facilities used for the sale of livestock.
   6130FARM STAND: A structure from which fruits, vegetables, flowers, herbs, plants, or other agriculture products are sold. This use may also include accessory sales of other unprocessed or home-processed foodstuffs such as canned goods, baked goods, and may also include homemade handicrafts. Additionally:
   
   1.The structure must be located on a property that qualifies as land under agricultural use as defined by the Farmland Assessment Act, Utah Code Annotated 59-2-5.
   
   2.The area of the structure devoted to the sales of accessory items shall not exceed fifty percent (50%) of the structure's total sales area.
   3.The sale of commercially packaged handicrafts or commercially processed or packaged food stuffs not originating from land qualifying as land under agricultural use as defined by the Farmland Assessment Act, Utah Code Annotated 59-2-5, is not permitted.
   
   4.Only one (1) such structure is allowed per legal lot or parcel.
   
   5.The following are additional distinctions and requirements for the specific structure types:
   
   
   a. A single, temporary structure that:
   
   (1) Is in place for no more than one hundred eighty (180) calendar days, and;
   
   (2) Consists of a two hundred (200) square-foot area or less, and;
   
   (3) Must be located on the same property where the primary ingredients for all raw and home-processed food products were grown.
   
   b. A single, permanent structure that:
   
   (1) Is used for the sales of product, as identified above, for no more than one hundred eighty (180) calendar days, and;
   
   (2) Is used for the sales of agriculture product, from any adjacent property as determined by the Land Use Authority, which also qualifies as land under agricultural use as defined by the Farmland Assessment Act, Utah Code Annotated 59-2-5, is also permitted in said structure.6140AGRITOURISM: A use or activity for the on-site recreation, retail purchase, education, or participation of the general public. Any such use/activity may include, but is not limited to a: farm tour; farm stay; educational class; corn maze; group event or competition; U-pick operation; farmers market; farm museum; cider mill; petting farm/zoo; retail sales facility (e.g., meat shop; dairy or creamery; nursery; gift shop; flower, herb, or spice store; bakery; restaurant; or café); small-scale food processing (e.g., process pumpkins grown on premises into pumpkin pies), not including a winery or small-scale slaughter facility, and other similar uses/activities as determined by the Land Use Authority. Any such use or activity must meet the minimum requirements as follows:
   1.Any such use/activity must be accessory to a primary agricultural production use. The primary and accessory uses must:
   
   
   a. Be located on land that qualifies as land under agricultural use that is actively devoted to agriculture as defined by the Farmland Assessment Act, Utah Code Annotated 59-2-5;
   
   b. Be located on a legal parcel, five (5) acres or larger in size; or on contiguous legal parcels that are a total of five (5) acres or larger in size; and
   
   c. Consist of fifty one percent (51%) or more of products produced on site.
   2.The use/activity occurs for more than twenty one (21) consecutive or non-consecutive days per year, and provides agriculturally related, and in some instances, non-agriculturally related products and events to the general public.
   
   3.Must obtain Land Use Authority review and approval prior to operation.
   
   4.Overnight accommodation is permitted as follows:
   
   
   a. Guest rooms must be located within an owner occupied dwelling or seasonal cabin that meets the minimum Building and Fire Code standards;
   
   b. No more than a total of four (4) guest rooms with a maximum occupancy of two (2) per room; not counting children fifteen (15) years of age and under.6150SMALL-SCALE SLAUGHTER FACILITY: The slaughtering, skinning, and preparing of livestock and poultry by humane means for the purpose of human consumption which is done at a place other than a licensed slaughtering house by a person who is not the owner of the animal. The following requirements also apply:
   1.This use must qualify and be licensed as Farm Custom Slaughtering as defined by the state, and must meet any of the related state requirements that apply prior to operation;
   
   2.This use must be located on land that qualifies as land under agricultural use that is actively devoted to agriculture as defined by the Farmland Assessment Act, Utah Code Annotated 59-2-5;
   
   3.This use must be located on a legal parcel, two (2) acres or larger in size; or on a parcel less than two (2) acres in size that is contiguous to a legal parcel or parcels under the same ownership as the parcel where the facility is located, that when combined with the initial parcel attains a total of two (2) acres or larger in size;
   
   4.All processing activities and processing structures associated with this use must be setback a minimum fifty (50) feet from all property lines;
   
   5.This use allows a maximum of one thousand five hundred (1,500) animal units to be slaughtered or processed on an annual basis.
   
   6.Any offal must be removed from the site and properly disposed of within twenty-four (24) hours of the slaughter of an animal. Offal must be confined to a refrigerated area until the time it is removed from the premises.
   6160WINERY: An agricultural processing facility used for the commercial purpose of processing fruits, plants, honey, or milk, or other like substance to produce wine. Processing includes wholesale and retail sales, crushing, fermenting, blending, aging, storage, bottling, and administrative office functions. Additional information and requirements are found in Title 5.08 Alcoholic Beverages of the County Code and apply to this use type. The following requirements also apply:
   
   1.A winery must be accessory to a primary agricultural production use.
   
   2.A winery must:
   
   
   a. Be located on land that qualifies as land under agricultural use that is actively devoted to agriculture as defined by the Farmland Assessment Act, UCA 59-2-5; and
   
   b. Be located on a legal parcel, or contiguous legal parcels, that are a total of five (5) acres or larger in size.
   3.Wine produced by the processing facility must be produced from fifty-one percent (51%) or more of the agricultural products that have been grown within the legally defined boundaries of Cache County.
   
   
   a. The winery may use agricultural products grown outside the County to produce wine, and a local wine producer may purchase bulk beverage fermented, brewed, or distilled by a licensed alcohol manufacturer and blend the beverage with the local producer's alcoholic beverage if:
   
   (1) There is an insufficient supply of agricultural products within Cache County due to an event caused by natural phenomena whose effects were not preventable with the exercise of reasonable care and foresight; or
   
   (2) The on-site and local agricultural product is not yet of a sufficient quantity to support the production of wine, but sufficient resources that will be used as part of the wine production in the form of planted vines, plants, trees, hives, and similar are present and of an equivalent amount to support the quantity of product to be produced.
   4.Retail sales, tours, and tasting facilities of wine and related, accessory, promotional items are also permitted as part of the winery operation.
   
   
   a. Retail sales, tours, and tastings means tours of the winery or tasting of beverages produced by the winery, or both during operating hours. The wine producer may serve food in conjunction with tours and tastings, provided:
   
   (1) The amount and type of food is intended to be secondary and complementary to, and part of, the tours and tastings; and
   
   (2) The food arrives at the establishment ready for service, or in a state generally ready for consumption.
   5.Production of wine is limited to no more than fifteen thousand (15,000) cases per calendar year.
   6.Overnight accommodation is permitted as follows:
   
   
   a. Guest rooms must be located within an owner occupied dwelling that meets the minimum Building and Fire Code standards;
   
   b. No more than a total of four (4) guest rooms with a maximum occupancy of two per room, not counting children fifteen (15) years of age and under.6200BOARDING FACILITY: A series of stables, barns, paddocks, and/or other shelters and exercise facilities in which livestock, including cattle, sheep, goats, swine, horses, mules, poultry, etc., are fed, exercised, and/or cared for on a short or long term basis for a fee.
   6300FORESTRY ACTIVITIES: The felling and transportation of commercially harvested trees. Forestry activities do not include the harvesting of firewood or trees for private use. Excludes sawmills or the production/finishing of lumber.
   6400MINERAL EXTRACTION: The extraction of metallic and nonmetallic minerals or materials; including the accessory uses of rock crushing, screening, and the storage of explosives; except where such excavation is for purposes of grading for a building lot or roadway, where grass sod is removed to be used for landscaping, or where materials are excavated from a lot for use on that same lot or an adjoining parcel by the owner of the property. Includes stone quarries and sand/gravel pits.
   6410TOPSOIL EXTRACTION: Extraction activities limited to the removal and sale of topsoil, except where such excavation is for purposes of grading for a building lot or roadway, where grass sod is removed to be used for landscaping, or where materials are excavated from a lot for use on that same lot or an adjoining parcel by the owner of the property.
   6420SITE GRADING: The act of excavation or filling or combination thereof or any leveling to a smooth horizontal or sloping surface on a property in preparation for the construction of a building, but not including normal cultivation associated with an agricultural operation. Excavation shall be less than one thousand five hundred (1,500) cubic yards per parcel. Additional excavation may only be permitted with a variance.
   

(Ord. 2017-03, 3-28-2017, eff. 4-12-2017; amd. Ord. 2018-14, 11-27-2018, eff. 12-13-2018; Ord. 2019-08, 11-26-2019; Ord. 2020-02, - -2020; Ord. 2021-14, 4-27-2021; Ord. 2021-21, 9-28-2021; Ord. 2022-30, 9-27-2022; Ord. 2022-31, 9-27-2022)

ACCESS: The provision of vehicular and/or pedestrian ingress and egress to buildings, structures, facilities, or property.

AGENT: The person with written authorization to represent an owner or owners.

AGRICULTURE: The primary use of land for the science, art, or practice of cultivating the soil, producing crops, or raising livestock.

AGRICULTURAL PROCESSING FACILITIES: A building, facility, area, open or enclosed, or any location for the refinement, treatment, or conversion of agricultural products where a physical, chemical. or similar change of an agricultural product occurs. Examples of agricultural processing include but are not limited to fruit dehydrators. grain silos. cold storage houses. hulling operations, and the sorting, cleaning, packing, and storing of agricultural products preparatory to sale and/or shipment in their natural form, including all uses customarily incidental thereto. "Agricultural processing" shall not include wineries or manufacturing of secondary products using agricultural products, such as commercial kitchens, bakeries, breweries. woodworking. and wood processing plants.

ALTERNATIVE ONSITE WASTEWATER SYSTEM: An onsite wastewater system that is not a conventional onsite wastewater system.

ANTENNA: Any apparatus designed for the transmitting and/or receiving of electromagnetic waves including, but not limited to, telephonic, radio or television communications. Types of antennas include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM and TV), yagi, or parabolic (dish) antennas.

APPEAL: A review by the identified appellate body of a final decision of the approving body.

APPEAL AUTHORITY: A person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or variance.

APPLICANT: The owner of title or agent for property that is the subject of an application.

APPLICATION: The necessary form and all accompanying documents and other materials required by the Land Use Authority for development review purposes.

APPROVAL: A decision signed and issued by the Land Use Authority stating that a proposed use complies with this Code.

AVERAGE DAILY TRAFFIC (ADT): The average of one-way vehicular trips that use a road during a twenty four (24) hour period.

BOARD OF ADJUSTMENTS (BOA): The officially constituted and appointed body of Cache County, as authorized by the laws of the State of Utah, to perform those duties, as allowed by State law and this title.

BOARD OF TRUSTEES: As provided for in section 8.20.040, "Board Of Trustees", of this Code.

BOUNDARY LINE ADJUSTMENT: The relocation of the property line between two (2) or more adjoining lots or parcels.

BUILDABLE AREA: The portion of a parcel of land which is within the envelope formed by the required setbacks of the zoning district in which the parcel is located and as limited by any sensitive areas as defined in this title.

BUILDING: A structure having a roof supported by columns or walls for housing, shelter or enclosure of persons, animals, processing, equipment, goods, materials, or property of any kind.

BUILDING CODE: The most recently adopted family of International Building Codes used to regulate the construction of buildings and structures located within Cache County.

BUILDING HEIGHT, MAXIMUM: The vertical measure from the average elevation of that portion of a lot or parcel covered by the building to the roof beams in a flat roof; to the highest point on the deck of a mansard roof; to a level midway between the level of the eaves and highest point of pitched, hip, or gambrel roofs.

BUILDING PERMIT: Legal authorization, as required by the adopted Building Code(s) of Cache County, authorizing the erection, alteration, or extension of a structure.

BUILDING, PUBLIC: For purposes of this title only, a public building is a building owned and operated, or owned and intended to be operated by the County, a public agency of the United States of America, the State of Utah, or any of its political subdivisions. The use of a public building, with immunity, is nontransferable and terminates if the structure is devoted to a use other than as a public building with immunity. A public building referred to as with immunity under the provisions of this title includes:

1. Properties owned by the State of Utah or the United States government which are outside of the jurisdiction of the County Land Use Authority as provided under section 17-27a-304, Utah Code Annotated, 1953, as amended, and;
2. The ownership or use of a building which is immune from the County Land Use Authority under the supremacy clause of the United States Constitution.

CACHE COUNTY, UNINCORPORATED: All unincorporated areas, lying within the boundaries of the County, and outside any corporate boundary of a municipality.

CACHE COUNTYWIDE COMPREHENSIVE PLAN: The General Plan as authorized by the laws of the State of Utah for the unincorporated areas of the County, as may be adopted and amended from time to time by the Cache County Council.

CAMPSITE: An area within a campground designed or used to accommodate one party in a single travel trailer, recreational vehicle, or tent.

CARRIER ON WHEELS OR CELL ON WHEELS (COW): A portable self-contained cell site that can be moved to a location and set up to provide personal wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.

CAT, ADULT: A cat is considered an adult when it is six (6) months of age or older.

CERTIFICATE OF OCCUPANCY: A certificate issued by the County building official after final inspection and upon a finding that the building, structure, or development complies with all provisions of the applicable County codes, permits, requirements, and approved plans.

CLUSTERING: A development or subdivision design that concentrates buildings or lots on a part of the site to allow the remaining land to be used for agriculture, recreation, common open space, and/or preservation of environmentally sensitive areas.

CO-LOCATION: The practice of siting multiple wireless carriers, service providers, and/or radio common carrier licensees on the same antenna support structure or attached wireless communication facility using different and separate antennas, feed lines, and radio frequency generating equipment.

CODES, COVENANTS, AND RESTRICTIONS (CC&Rs): An agreement that binds and restricts the land in the hands of present owners and subsequent purchasers. They are enforced only by the land owners involved and not by the City or other public agency.

COMMON LIVING AREA: An enclosed area or room which is available for use by more than one person, is intended as a gathering area for living, cooking, or recreational purposes, and is a habitable space as defined by the Building Code. Examples include: living room, kitchen, family room, recreational room, laundry room, and similar areas. Common areas that do not meet this definition include: corridors, stairways, hallways, breezeways, bathrooms, closets, garage, storage room, patio, sunroom, and similar areas.

CONDITIONAL USE: 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.

CONVENTIONAL ONSITE WASTEWATER SYSTEM: An onsite wastewater system typically consisting of a building sewer, a septic tank, and an absorption system utilizing trenches, absorption beds, deep wall trenches, or seepage pits.

DENSITY: The number of acres required per dwelling unit as specified in section 17.10.040, table 17.10.040 of this title. Net acreage shall be calculated by taking the total gross acreage and subtracting non-developable sensitive areas (wetlands, open water, steep slopes) and the area in rights-of-way for roads. In A10 zones, the area in rights of way for roads shall not be subtracted.

1. A legal parcel or lot that is less in size than the minimum zoning density acreage is developable provided that all development standards required in this title and all other applicable County and State Code requirements are met (see Lot/Parcel definition in section 17.07.040).
   
2. Each dwelling unit must be built on a separate parcel or lot.
   
3. Lots in an A10 subdivision may be clustered as allowed in Section 16.02.060. For example, a 32 acre parcel in the A10 zone could potentially be subdivided into 3 buildable lots. These lots could be as small as 1/2 acres, subject to meeting all required setbacks and well and septic spacing requirements with the undeveloped portion of the subdivision reserved as an additional agricultural remainder lot that is limited to agricultural or natural open space use.
   
4. The density or total number of dwelling units is limited by all development standards required in this title and other applicable County and State Code, and must be reduced as necessary to meet these requirements.
   

DEVELOPABLE ACREAGE: The land area within a subdivision excluding: areas defined as undevelopable under chapter 17.18, "Sensitive Areas", of this title, and areas dedicated to the public, such as parks and public rights-of-way. In A10 zones, areas dedicated to the public, such as parks and public rights of way, shall not be excluded.

DEVELOPMENT: The act, process, or result of erecting, placing, constructing, remodeling, converting, altering, relocating, or demolishing any structure or improvement to property, including grading, clearing, grubbing, mining, excavating, or filling of such property. Also includes the improvement or subdivision of land for the purpose of building.

DISABILITY: As defined within section 57-21-2(10) of the Utah Code Annotated, 1953, as amended.

DISPOSAL: The discharge, deposit, injection, dumping, spilling, leaking or placing of any solid or hazardous waste into or on any land or water so that such waste or any constituent thereof may enter the environment, be emitted into the air or be discharged into any waters, including groundwater.

DOG, ADULT: A dog is considered an adult when it is six (6) months of age or older.

DRY LOT: A lot approved through a subdivision process that does not have a State approved domestic water right associated with it.

DWELLING UNIT: One or more rooms in a dwelling designed for or occupied as separate living quarters which provide sleeping, sanitary facilities, kitchen or set of fixed cooking facilities, all for exclusive use by a single family maintaining a household.

EASEMENT: One or more of the property rights granted by the property owner to and/or for the use by another person or entity for a specified use or purpose.

FAMILY: One individual, or two (2) or more persons related by blood, marriage, or adoption, living together in a single dwelling unit and maintaining a common household, or no more than four (4) nonrelated persons living together. The term "family" shall not be construed to mean a group of nonrelated individuals, a fraternity, club or institutional group.

FENCE: An artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured materials or combination of materials erected to enclose, screen, or separate areas.

FINDINGS: Statements of the Land Use Authority identifying the reasons and basis for the action taken. Also referred to as findings of fact.

FLOODPLAIN: An area adjoining a river, stream, watercourse, or body of standing water in which a potential flood hazard exists when the area experiences a 100-year storm, including any area designated as a floodplain by the Federal Emergency Management Agency (FEMA) of the United States government. These areas have additional regulations located within title 15, chapter 15.28 of this Code.

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, subsidence, or shifting of the earth. The term includes, but is not limited to, unstable slopes, faults, landslides, and rock fall.

GOLF COURSE: A tract of land laid out with at least nine (9) holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, restrooms, driving range, and shelters as accessory uses.

GRADE: The ground surface elevation(s) of a parcel of land.

GRADE, EXISTING: The grade of a property prior to any proposed development or construction activity.

GRADE, FINAL: The finished or resulting grade after completion of the proposed development activity.

GRADING: Any change of existing surface conditions by excavating, placing of any soils or rocks, or stripping of vegetation.

GUEST HOUSE: An attached or detached building that provides living quarters for guests and: a) contains no kitchen or cooking facility; b) is clearly subordinate and incidental to the principal residence on the same building site; and c) is not rented or leased, whether compensation be direct or indirect.

HOUSEHOLD PET: Animals ordinarily kept in a dwelling for personal use and not for commercial purposes. As relates to kennels, this includes up to six (6) adult dogs.

IMPROVEMENT AGREEMENT: An agreement between a developer and the County, reviewed and issued by the Director of Development Services that clearly establishes the developer's responsibility(ies) regarding project phasing, the provision of public and private facilities, improvements and/or conditions as imposed by ordinance and/or by a Land Use Authority, and any other mutually agreed to terms and requirements.

IMPROVEMENT SURETY: A form of security that is posted in favor of Cache County that may include a letter of credit and/or a bond in an amount and form satisfactory to the County. Letters of credit must be issued by a federally insured financial institution. Bonds must be issued by a financial institution, insurance company, or surety company with an A.M. Best rating of not less than A-:IX.

IMPROVEMENTS: Buildings, structures, facilities, and site work including, but not limited to, grading, surfacing, paving, water mains and lines, water meters, fire hydrants, sanitary sewers, storm drainage facilities, culverts, bridges, public utilities, or other such installations.

INTENSITY: The concentration of activity, such as a combination of the number of people, cars, visitors, customers, hours of operation, outdoor advertising, numbers of buildings, numbers of livestock, etc.

JUNK: Any scrap copper, brass, rope, rags, batteries, paper, trash, wood, rubber debris, waste, or junked, dismantled, or wrecked automobiles or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

KITCHEN: An area for the preparation of food and containing a sink and stove.

LAND USE AUTHORITY: A person, board, commission, agency, or body, designated by the local legislative body to act upon a land use application; or, if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body.

LIVESTOCK: Farm animals kept or raised for use, pleasure, or profit. This includes but is not limited to uses such as piggeries, dairies, dairy and beef cattle ranching, feedlots, chicken, turkey and other poultry farms, rabbit and mink farms, apiaries, aquaculture, and aviaries. This does not include cats or dogs.

LOT/PARCEL: A property within the boundaries of Cache County that has been recorded in the Office of the Cache County Recorder.

1. A lot/parcel may qualify as either:
   1. Legal, conforming; or
   2. Legal, nonconforming; or
   3. Restricted.
2. A lot/parcel may be identified as legal or restricted as follows:
   1. Legal: To qualify as legal lot/parcel a property must:
      1. Be in the same size and configuration as approved by the County Land Use Authority on the recorded subdivision plat and as required by Utah Code; or
      2. If not part of an approved and recorded subdivision plat, be an existing, recorded parcel as of August 8, 2006.
   2. Restricted: A property that has been recorded without the necessary Land Use Authority approval.
      1. A restricted lot/parcel is not eligible to receive building permits, zoning clearances, or conditional use permits, but may be issued a zoning clearance for an agricultural structure as reviewed and approved by the Director of Development Services.
3. A lot/parcel may be identified as conforming or nonconforming as follows:
   1. Conforming: A property that lawfully exists and meets the minimum requirements of the zoning district in which it is located.
   2. Nonconforming: A property that lawfully existed prior to the enactment of the requirements of this title, but does not currently meet the minimum requirements of the zoning district in which it is located.

LOT/PARCEL COVERAGE: The percentage of the area of a lot/parcel which is occupied by all buildings, other impervious surfaces, or other covered structures.

LOT/PARCEL FRONTAGE: That portion of a development site that abuts a public or private roadway, street, or highway right-of-way and for any portion of the property not abutting a public or private roadway, street, or highway right-of-way, a line drawn parallel to the public or private roadway, street, or highway right -of-way and located at the front yard setback. For the purposes of determining setback requirements on corner lots, all sides of a lot adjacent to a roadway shall be considered frontage. Primary access to a parcel/lot shall be from the required frontage abutting the road, street, or highway right-of-way, unless a variance request is granted by the Land Use Authority.

LOT/PARCEL SIZE: The total area of a lot, parcel, or tract of land.

MANUFACTURED HOME: 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, and when erected on site, the home must be at least twenty feet (20') in width at the narrowest dimension, have exterior and roofing materials in conformance with adopted Building Codes, have a minimum roof pitch of two to twelve (2:12), and be located on a permanent foundation and connected to the required utilities, including plumbing, heating, air conditioning and electrical systems. A manufactured home shall be identified as real property on the property assessment rolls of Cache County. All manufactured homes constructed on or after June 15, 1976, shall be identified by the manufacturer's data plate bearing the date the unit was manufactured and a HUD label attached to the exterior of the home certifying the home was manufactured to HUD standards.

MOBILE HOME: 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). Said unit must be placed on a permanent foundation and meet adopted Building Codes. The following are excluded from this definition: travel trailers, motor homes, camping trailers, or other recreational vehicles.

NUISANCE: Any use or activity which emits noise, smoke, dust, odor, or vibration in amounts sufficient to substantially depreciate values of surrounding buildings or lands, or a use or activity which substantially deprives the owners of adjoining property of a property right.

OFF PREMISES: Located outside the lot or parcel lines of the principal use.

OFFICIAL ZONING MAP: The map adopted by the County Council showing the geographical distribution of the zoning districts of the County.

ONSITE WASTEWATER SYSTEMS: An underground wastewater dispersal system that is designed for a capacity of up to 5000 gallons per day or less, and is not designed to serve multiple dwelling units that are owned by separate owners except condominiums. It usually consists of a building sewer, a septic tank, and an absorption system.

ON PREMISES: Located within the lot or parcel lines of the principal use.

OWNER: Any person, group of persons, or entity, having record title to the property.

PARKING ANALYSIS: An analysis that demonstrates sufficient accommodation for the safe and efficient flow of vehicles and pedestrians, and that minimizes the impact to public streets and environmental resources due to the proposed use. This analysis must include:

1. A site plan at a useable scale;
2. All calculations used to demonstrate that the performance standards for access, design, parking supply, and landscape and lighting have been met and/or exceeded.

PARKING, OFF STREET: An area adjoining a building providing for the parking of automobiles which does not include a public street but has access to it.

PERMIT: Written permission issued by the Land Use Authority, empowering the holder thereof to proceed with some act not forbidden by law.

PLANNING COMMISSION: An official body of Cache County as authorized by the laws of the State of Utah, to perform those duties, as allowed by State law and this title.

PROPERTY LINE: The boundary line of a lot, parcel, or tract of land.

PUBLIC HEARING: As defined by section 17-27a-103, of Utah Code Annotated, 1953, as amended.

PUBLIC IMPROVEMENT: Any publicly owned and maintained drainage ditch, roadway, street, parkway, sidewalk, pedestrian way, landscaping, off street parking area or other facility or amenity.

PUBLIC MEETING: As defined by section 17-27a-103, of Utah Code Annotated, 1953, as amended.

REASONABLE ACCOMMODATION: A change in a rule, policy, practice, or service necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. As used in this definition:

1. "Reasonable" means a requested accommodation will not undermine the legitimate purposes of existing land use regulations, notwithstanding the benefit that the accommodation would provide to a person with a disability.
2. "Necessary" means the applicant must show that, but for the accommodation, one or more persons with a disability likely will be denied an equal opportunity to enjoy housing of their choice.
3. "Equal opportunity" means achieving equal results as between a person with a disability and a nondisabled person.

RECLAMATION: Actions performed during and after excavation operations to shape, stabilize, revegetate or otherwise treat the land affected in order to achieve a safe, stable, ecological condition. The excavated lands will be rehabilitated to a usable condition which is readily adaptable to alternate land uses and creates no danger to public safety. The rehabilitation process may extend to affected lands surrounding the excavated lands and may require backfilling, grading, recoiling, revegetation, soil compaction, stabilization and other measures.

REMAINDER: A property within a development that is essentially unimproved. This property does not count toward the total number of lots allowed in a subdivision. A remainder must qualify as one of the following:

1. Agricultural Remainder: To qualify as agricultural, any single parcel must:
   1. Have a minimum size no less than the requirements of section 59-2-5 of Utah Code Annotated, 1953, as amended.
   2. Include a recorded deed restriction, or note on the recorded subdivision plat, stating that the remainder is non-buildable except for agricultural structures. This restriction can only be removed by the appropriate Land Use Authority.
   3. Be reviewed and approved by the Land Use Authority to confirm the promotion and/or preservation of agriculture.
2. Open Space: Land within or related to a development that is designed and intended for the use or enjoyment of one or more of the resident(s) of the development.

RESIDENCE: A home or domicile; a dwelling unit where an individual is living at a given point in time and intends to remain for more than half of the calendar year, and is not a place of temporary sojourn or transient visit.

RIGHT-OF-WAY: Land occupied or intended to be occupied by a public or private trail, street, road, highway, railroad, other public transportation use or other utility uses.

ROAD, PRIVATE: As defined within the Cache County Manual of Roadway Design and Construction Standards.

ROAD, PUBLIC: Any highway, road, street, alley, lane, court, place, viaduct, tunnel, culvert or bridge laid out or erected as such by the public, or dedicated or abandoned to the public, or made such in an action for the partition of real property, and includes the entire areas within the public right-of-way.

SENSITIVE AREA:

1. Non-Developable: The following sensitive areas shall not be considered developable other than the exceptions provided in item 4., below. Any acreage encumbered by said areas shall not be considered when calculating development density in the FR40, RU5, and RU2 Zones (see section17-07.040 "DENSITY").
   1. Wetlands: As defined by the U.S. Army Corps of Engineers (see 17.07.040 - Wetlands and 17.18.050.A.2.-STANDARDS AND DEVELOPMENT PLAN).
   2. Steep slopes: Land having an average slope of thirty percent (30%) or greater over a horizontal distance greater than fifty feet (50'). Small washes, hills, or rock outcrops which have slopes distinctly different from surrounding property may be excluded from slope determination by the Development Services Director, if the exclusion of such small areas from slope determination will not be contrary to the overall purpose of this title.
   3. Natural waterways: As defined by this title (See 17.07.040 - Waterways, Natural and 17.18.050.A.3.- STANDARDS AND DEVELOPMENT PLAN):
   4. No development shall occur therein except for the following:
      
      1. Required public roads, utilities and/or facilities, in accordance with County road and fire access requirements;
         
      2. Private roads, drives, and utilities (on steep slopes no greater than 50%). in accordance with County road and fire access requirements/
         
      3. Structures may be built on limited steep slope areas within a defined development area based on the following studies to be included in a land use application:
         1. A site plan showing a defined development area within the boundaries of the parcel or lot where structures are proposed; and
            
         2. The development area shall not include any portion of steep slope areas that measure perpendicular to the contour line over a horizontal distance of 100 feet or greater; and
            
         3. The average grade of the proposed grading plan shall not exceed thirty percent (30%) measured by cross section(s) drawing across any portion of the defined development area, and
            
         4. The average grade of the proposed grading plan shall not exceed thirty percent (30%) measured by cross section(s) drawings across any portion of the defined development area, and
            
         5. A slope elevation study and geotechnical report must be provided.
            
         6. Agricultural structures, and accessory structures less than 200 sq. ft., are exempt from these standards as provided for 17.18.050.A.5.
            
2. Potentially Developable: The following areas are determined to be sensitive areas of Cache County and are subject to the requirements of this title. Development may occur in these areas in compliance with this title and any other applicable County, State, and/or Federal requirements.
   1. Moderate Slopes: The rise or fall of the land is equal to or exceeds twenty percent (20%) over a horizontal distance of twenty feet (20') or greater and is less than thirty percent (30%).
   2. Ridgelines: One hundred (100) vertical feet on either side of the crest of a significant ridgeline or hill top.
   3. Floodplain And/Or Floodway: As identified and defined by Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM), and areas of shallow groundwater susceptibility as identified by the Utah Geological Survey (UGS).
   4. Important Habitat Areas: As identified in the Important Habitat Areas Map.
   5. Geologic Hazards: Major geographic and geologic features, the depth of bedrock, structural features, folds, fractures, etc., and potential slide and other high hazard areas such as mine shafts and avalanche paths.
   6. Wildfire Hazards: Areas of the County designated as wildland-urban interface.
   7. Historic, Prehistoric, And Cultural Resources: Any sites and/or structures determined to have historical or archaeological significance to the community, the region, or the State of Utah. This includes properties eligible for the National Register of Historic Places.

SETBACK: The minimum required distance between any structure and the property lines of the lot in which it is located. The front, rear, and side setbacks are illustrated in chapter 17.10 of this title and defined as follows:

1. Front: The area of a lot or parcel of land extending across the frontage and being the minimum horizontal distance between a street or road right-of-way/easement line and the principal building or any projection thereof other than steps, unenclosed balconies and unenclosed porches. The front setback of a corner lot is the area adjacent to the designated front lot line.
2. Rear: The area of a lot or parcel of land extending across the rear width and being the minimum horizontal distance between the primary building, or any projection thereof other than steps, unenclosed balconies and unenclosed porches, and the rear lot line.
3. Side: An area of a lot or parcel of land extending between the side lot line and the principal building or any projection thereof other than steps, unenclosed balconies and unenclosed porches.
4. Other: Any distance required between a structure or site improvement and a set feature (i.e., floodplain, geologic hazard, etc.).

SIGN: Any device for visual communication, including any structure or natural object or part thereof that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge, or insignia of any government or governmental agency, or any civic, charitable, religious, patriotic, fraternal or similar organization.

SITE PLAN: An accurately scaled plan that illustrates the existing conditions on a land parcel and the details of a proposed development including, but not limited to: topography; vegetation; drainage; floodplains; wetlands; waterways; landscaping and open space; walkways; means of ingress and egress; circulation; rights-of-way or easements; utility services; structures and buildings; lighting; berms, buffers, and screening devices; development on adjacent property; and any other information that may be required to make an informed decision.

SITE SUITABILITY ANALYSIS: A comprehensive site analysis for a public infrastructure utility. This analysis shall consider data and provide findings, conclusions, and recommendations including but not limited to: public involvement including key concerns, issues, and comments, geologic hazard areas as defined by this title, archaeological, ecological, and culturally important areas, jurisdictional wetlands as defined by the U.S. Army Corps of Engineers, crucial wildlife habitat as identified by the State Division of Wildlife Resources and species of special concern, drinking water source protection areas, groundwater depth and recharge areas, structures and developed areas including existing dwellings, residential and commercial zones, schools, and churches, wildfire hazard areas, floodplains, national, State, or County parks, monuments, or recreation areas, prime, unique, and Statewide importance farmlands, State and National Historic Register sites, airports, national forests, visual analysis, cost comparisons, and site alternatives.

SKI FACILITY: A tract of land, with associated improvements, used for downhill or cross country skiing, snowboarding, snowshoeing, snowmobiling, or other snow related activities. Associated improvements may include, but are not limited to: facilities for the preparation or sale of food, retail, and support services facilities; recreational and fitness facilities; parking facilities; and other facilities of a similar nature that are specifically authorized by the land use authority as part of the conditional use permit approval to operate a recreational facility.

SLOPE: The level of inclination of land from the horizontal plane determined by dividing the horizontal run or distance, of the land into the vertical rise, or distance, of the same land and converting the resulting figure in a percentage value.

SOLID WASTE: All putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes and shall include other discarded material classified as solid waste by State and Federal law or regulation. This does not include sewage or another highly diluted water carried material or substance and those in gaseous form.

STEALTH COMMUNICATIONS FACILITY: A communications facility, accessory structure, or equipment compound that is not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site. There are two (2) types of stealth facilities:

1. Attached: Examples include, but are not limited to: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers or other architectural features that blend with an existing or proposed building or structure.
2. Freestanding: Examples usually have a secondary, obvious function which may be, but is not limited to the following: church steeple, windmill, bell tower, clock tower, cupola, light standard, flagpole with or without a flag, or tree.

STREAM OR CANAL BANK, TOP OF: The land area immediately above and regularly confining a river, stream, canal, or wetland. The bank has a notably steeper slope than the surrounding landscape. The first major break in the slope between the top of the bank and the surrounding landscape shall be the top of the bank.

SUBDIVISION: Any land that is divided, re-subdivided, or proposed to be divided into two (2) or more lots, plots, parcels, sites, units, or other division of land after August 21, 1970, 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 the division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument.

SUBDIVISION ORDINANCE: Title 16 of this Code, as adopted.

SUPPORT STRUCTURE: A vertical projection composed of metal or other material with or without a foundation that is designed for the express purpose of accommodating antennas at a desired height. Support structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than ten feet (10') and not to exceed maximum structure height as identified in section 17.10.040 of this title. Types of support structures include, but are not limited to: guyed, lattice, and monopole structures, utility poles, and other freestanding, self-supporting structures.

TELECOMMUNICATION FACILITY: Any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or group of antennas, transmission cables, and equipment cabinets, and may include an antenna support structure. Accessory uses include, but are not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, foundations, concrete slabs or grade, guy anchors, generators, and transmission cable supports.

TELECOMMUNICATION FACILITY, TYPICAL MAINTENANCE: Ensuring that telecommunication facilities and support structures are kept in good operating condition. Typical maintenance includes inspections, testing and modifications that maintain functional capacity and aesthetic and structural integrity. For example, the strengthening of a support structure's foundation or of the support structure itself. Typical maintenance includes replacing antennas and accessory equipment on a like-for-like basis within an existing telecommunication facility and relocating the antennas of approved telecommunication facilities to different height levels on an existing monopole, lattice, guyed or similar structure upon which they are currently located. Typical maintenance does not include minor and major modifications.

TRANSIENT: Relating to overnight accommodation; a brief stay of less than thirty (30) consecutive days.

USE, ACCESSORY: A subordinate use incidental to and located upon the same parcel occupied by a primary use.

USE, PERMITTED: A use allowed in the district involved, without review by the Land Use Authority, and complying with the provisions of this title, this Code, and other applicable ordinances and regulations.

USE, PRIMARY: An individual use, located on a parcel or lot, that is subject to the requirements of the regulations of this title, this Code, and any other applicable State and Federal requirements, and to which all other uses are accessory, conditional, or nonconforming. Only one primary use per legal lot/parcel is allowed.

USE, PROHIBITED: Any use, whether accessory or primary, not identified as either a permitted use, zoning clearance, conditional use, or nonconforming use, as provided by this title.

UTILITIES: All lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, telecommunication and telephone cables and the generation of power. Specific uses are identified and defined under section 17.07.030, "Use Related Definitions", of this chapter.

VARIANCE: As defined by section 17-27a-702, of Utah Code Annotated, 1953, as amended.

WATERWAY, MANMADE: All manmade drainage systems including, but not limited to, all canals, culverts, reservoirs, and other constructed drainages.

WATERWAY, NATURAL: Those areas varying in width along and including, but not limited to, rivers, lakes, ponds, streams, creeks, gullies, springs, faults or washes which are natural drainage channels as determined by the Director of Development Services.

WETLANDS: Any area of Cache County under the regulatory authority of the United States Army Corps of Engineers.

WILDLIFE HABITAT: Areas identified by the Utah Division of Wildlife Resources and/or the United States Fish and Wildlife Service occupied and necessary for the support of fish and fauna.

ZONING CLEARANCE: A land use review to insure compliance with this Code, provided, reviewed, and acted upon by the Director of Development Services, or designee, identifying that the proposed use, building, structure, or facility complies with the requirements of this title.

ZONING DISTRICT, BASE: The classification of all land as reflected in the Cache County Zoning Map wherein development regulations are in place to uniformly govern the use, placement, and size of land and structures. In the instance of conflicting or multiple base zoning districts on a single parcel, the more restrictive zone shall be applied across the entire parcel. Base zoning districts may be combined with an overlay zoning district on all or a portion of a parcel to alter, restrict, or allow specific development regulations.

ZONING DISTRICT, OVERLAY: The classification of land as reflected in the Cache County Zoning Map wherein additional development regulations are applied to the regulations of the base zoning district.

(Ord. 2017-03, 3-28-2017, eff. 4-12-2017; amd. Ord. 2018-09, 8-14-2018, eff. 8-28-2018; Ord. 2018-14, 11-27-2018, eff. 12-13-2018; Ord. 2020-02, - -2020; Ord. 2022-31, 9-27-2022; Ord. 2023-02, 2-14-2023)