Purpose and Conflicts. Appendix C provides definitions of general terms used throughout this Ordinance for which a definition is considered necessary. Certain chapters of this Ordinance may also include terms and definitions specific to the regulatory functions of those chapters. The words and terms defined in this Ordinance shall have the meanings as indicated. Words used in the present tense include the future, words in the singular number include the plural, and words in the plural include the singular. The word "shall" is mandatory the word “may” is permissive. The word "herein" means "in these regulations"; the word "regulations" means "these regulations"; "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". Words not defined herein shall have a meaning consistent with Webster's New Collegiate Dictionary, latest edition. For the convenience of users of this Ordinance, certain terms may be illustrated. If a conflict arises between an illustration and a definition, the definition shall apply.

Access: The provision of vehicular and/or pedestrian ingress and egress to lot, parcel, building, or structure.

Access Right of Way: A strip of land which is part of a lot and provides access to the part thereof used or to be used for buildings or structures.

Accessory Building/Structure (Attached): A building incidental and subordinate to an existing primary building and located ten (10) feet or less from the primary building and on the same lot as the primary building and meeting all requirements of the Land Use Ordinances and Building Codes, as adopted. (See Sections 1706 and 1707).

Accessory Building/Structure (Detached): A building incidental and clearly subordinate to an existing primary building and located more than ten (10) feet from the primary building and on the same lot as the primary building, and meeting all requirements of the Land Use Ordinances and Building Codes, as adopted. (See Sections 1706 and 1707).

Accessory Dwelling Unit: An attached, or detached, dwelling unit for occupancy by the owner, or a relative or an employee of the owner, and incidental and clearly subordinate to the existing primary building and located on the same lot as the primary building and connected to the same utilities and utility meters as the primary building (See Section 1709).

Accessory Use: A use clearly incidental and subordinate to the existing primary use and customarily found in connection with the primary use and located on the same lot as the primary use. (See Section 1706).

Act: Means the State of Utah Municipal Land Use, Development, and Management Act, and as provided at §10-9a et seq. Utah Code Annotated, 1953, as amended.

Active or Valid Building Permit: A building permit that has not expired.

Adjacent Property/Landowners: A lot or parcel of property, or the owner of record of such, according to the records of the Sanpete County Recorder that has a common immediately contiguous boundary line.

Affected Entity: means a county, municipality, independent special district under Title 17A, Chapter 2, Independent Special Districts, Local district under Title 17B, Chapter 2, Local Districts, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, or the Utah Department of Transportation, if: (a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land; (b) the entity has filed with the municipality a copy of the entity's general or long-range plan; or (c) the entity's boundaries or facilities are within one mile of land which is the subject of a general plan amendment or land use ordinance change.

Agent: The person with written authorization to represent an owner.

Agriculture: An area of five (5) contiguous acres, or larger, which is used for the commercial production, keeping, or maintenance for sale of plants and domestic animals typically found in central Utah, or lands devoted to a soil conservation or forestry management program, but excluding the keeping of exotic or prohibited animals, Agriculture excludes Commercial Plant Nursery, as defined herein, and Concentrated Animal Feeding Operation, as defined by the Utah Code Annotated, 1953, as amended, and similar activities.

Agricultural Building: A structure used solely in conjunction with agriculture, not used for human occupancy, and complying with the requirements of §58-56-4, Utah Code Annotated, 1953, as amended. To qualify as an agricultural building the structure must be located outside of a residential area, as defined by §58-56-4(1), Utah Code Annotated, 1953, as amended.

Airport. An area, with associated buildings and structures for the operation of aircraft, including take-off and landing, and necessary storage, service, and maintenance facilities.

Alcoholic Beverages: Means and includes beer and liquor as those terms are defined in the Utah Alcoholic Beverage Control Act, as amended.

Alteration: Any change, addition, or modification in construction of a building or structure.

Animal Control Facility: A public or publicly licensed private facility to temporarily detain and/or dispose of stray dogs, cats, and other animals.

Animal Hospital (Veterinary Clinic), With Holding Facilities: A facility for the diagnosis, treatment, hospitalization, and boarding of animals that does not include outdoor holding facilities, but which may include indoor holding and boarding facilities.

Animal Hospital (Veterinary Clinic), Without Holding or Boarding Facilities: A facility for the diagnosis, treatment, hospitalization, and boarding of animals that does not include indoor or outdoor holding or boarding facilities. Animal Unit (See Section 1719).

Appeal Authority: Means the person, board, commission, agency, or other body designated by this Ordinance to decide an appeal of a decision of a Land Use Authority or review a Variance Application.

Applicant(s): Any person, partnership or corporation applying for any Land Use Application approval, permit or license required by this Ordinance.

Application: A written request, completed in a manner prescribed in this Ordinance, for review, approval, or issuance of an approval, permit, or license.

Application, Complete: An application that includes all information requested on the appropriate form and payment of all applicable fees.

Application, Incomplete: An application that lacks information requested on the appropriate form or the payment of all applicable fees.

Architectural Projection: Any projection which is not intended for occupancy and which extends beyond the face of an exterior wall of a building, but shall not include signs or balconies.

Assisted Living: An Assisted Living Facility is a residential housing model for adults who need help with daily activities but do not require constant medical care.

Authorized Officers: Those persons authorized by the city or other entities to inspect businesses and enforce the provisions of this Ordinance, the Municipal Code, or other applicable regulations, including peace officers, employees of the health department, fire and rescue department, Zoning Administrator and Building Official.

Automotive and Equipment Repair: An establishment primarily engaged in the major repair or painting of motor vehicles or heavy equipment, including auto body repairs, installation of major accessories and transmission and engine rebuilding services. Typical uses include major automobile repair garages, farm equipment repair, paint, and body shops.

Automotive Care - Minor: An establishment providing motor vehicle repair or maintenance services within completely enclosed buildings. Typical uses include businesses engaged in the following activities: electronic tune-ups, brake repairs (including drum turning), air conditioning repairs, generator and starter repairs, tire repairs, front-end alignments, battery recharging, lubrication, and sales, repair and installation of minor parts and accessories such as tires, batteries, windshield wipers, hoses, windows, etc.

Automotive Self-Service Station: A place where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Such an establishment may offer the retail sale of convenience items as an accessory use. Automotive Self-Service Station specifically excludes and does not allow any servicing, repair or maintenance of motor vehicles, trailers, and similar mechanical equipment, including engine, brake, muffler, tire repair and change, lubrication and tune-ups.

Bank, Credit Union, or other Financial Institution: A financial company or corporation providing the extension of credit, and the custody, loan, or exchange of money.

Barn, Corral, Stable, Coop, Pen or Animal Run: A structure or fenced area, and its associated buildings and structures, for the feeding, housing, or confinement of domestic animals, as defined herein. Stable includes a building, or a portion thereof, used to shelter and feed horses and ponies (See Section 1721).

Basement: A story partly underground and having at least one-half (1/2) its height below the average level of the adjoining ground.

Bed and Breakfast Inn. A residential structure, located on a legal lot offering transient lodging accommodations in separate guest rooms and where meals may be provided (See Section 1714).

Beer: As defined by the Utah Alcoholic Beverage Control Act, as amended.

Berm: A mound of earth.

Best Management Practices (BMPs): A practice, or combination of practices, determined to be the most effective (including technological, economic, and institutional considerations) means of preventing or reducing disturbance or disruption to the natural environment.

Billboard: A freestanding ground sign located on industrial, commercial, or residential property if the sign is designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located.

Building: Any structure, whether permanent or temporary, including but not limited to dwelling units, which are designed, intended or used for occupancy by any person, animals, possessions, or for storage of property or goods of any kind.

Buildable Area: That area of a lot or parcel which is outside of any required setback areas and outside of any other areas regulated by this Ordinance.

Building Code: The International Building Code, as adopted by the City.

Building Facade: That portion of an exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation.

Building Frontage: The horizontal, linear dimension of that side of a building facing a street, a parking area, or other circulation area open to the public.

Building, Height: The vertical distance from the natural or finished grade to the highest point of the building or structure.

Building Line, Front: A line parallel to the front lot line and at a distance there from equal to the required depth of the front yard setback and extending across the entire width of the lot or parcel.

Building Line, Rear: A line parallel to the rear lot line and at a distance there from equal to the required depth of the rear yard setback and extending across the entire width of the lot or parcel.

Building Line, Side: A line parallel to the side lot line and at a distance there from equal to the required depth of the side yard setback and extending between the front and rear building lines.

Building Line: The line circumscribing the buildable area of a lot.

Building Official: The official, or other person, charged with the administration and enforcement of the Building Code.

Building Permit: A permit required by the Building Code and issued by the Building Official authorizing a construction activity.

Business: Means and includes all trades, occupations, professions or activities engaged in within the City and carried on for the purpose of gain or economic profit.

Business License: The license required by the Business License Ordinance of the City.

Campground: An area of land upon which two (2) or more campsites are located, established or maintained for occupancy by a tent or recreational vehicle as a temporary dwelling unit, not to exceed forty-five (45) days, for recreational or vacation purposes.

Car Wash: A structure with machine- or hand-operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles. A facility of this type may be able to accommodate more than one vehicle at the same time.

Care Center/Assisted Care Center: A facility which provides less than 24-hour assisted care or supervision for five (5) or more persons, 14 years of age and older and who are not related by blood, marriage or adoption to the owner or operator, with or without compensation for such care, and with or without a Stated educational purpose.

Carport: A roofed structure designed for the shelter of a motor vehicle and open on at least two sides and subject to all requirements prescribed for a private garage.

Certificate of Occupancy: A certificate issued by the Building Official authorizing occupancy of a building or structure requiring a building permit.

Chief Executive Officer: Means the Gunnison City Mayor.

Child Care: Continuous care and supervision of a child under the age of 13, or age of 18 if disabled, that is in lieu of care ordinarily provided by a parent in the parent’s home, for less than 24 hours, and for direct or indirect compensation.

Child Care Facility: The location and facility at which a state licensed child care provider operates their child care. For Gunnison City purposes, this shall include Commercial Day Care/Preschools, and Home Based Child Care locations.

Church: A facility principally used as a location for people to gather for religious worship or other religious activities. One (1) accessory dwelling unit for the housing of the pastor or similar church leader of the church and their family shall be permitted. (See Section 1705).

City Engineer: A registered civil engineer so appointed by the City.

Clear View Area: Areas at intersecting streets and driveways where unobstructed vision is maintained, as required by this Ordinance. (See Section 1625).

Clinic: (See Medical or Dental Clinic)

Cluster Development: A design that concentrates buildings in specific areas on a site to allow the remaining land to be used, but not limited to, recreation, open space, and preservation of sensitive land areas.

Code: The Gunnison City Municipal Code, as adopted.

Commercial Day Care/Preschool: Any commercial Child Care Facility regulated by the Utah Department of Health and Human Services as a Center based child care, Preschool, Hourly, or Out of School Time facility.

Commercial Recreation (Indoor): Any use, either public or private, providing amusement, pleasure, or sport, which is operated entirely within an enclosed building, including but not limited to live theater, and movie houses, indoor tennis, bowling, and skating, baseball batting cages, paintball, horse riding or similar activities. This use may include associated eating and drinking areas, retail sales areas and staff offices.

Commercial Recreation (Outdoor): An area or facility that offers entertainment or recreation outside. This use is limited to a golf driving range, baseball batting cages, riding arena, tennis facility, miniature golf, and swimming pool, and may include, as accessory uses, associated eating and drinking areas, retail sales areas and staff offices. This use specifically excludes shooting range, go-cart, motor vehicle and/or motorbike tracks, or similar activities that may create noise, dust, or other nuisances to adjoining and surrounding uses.

Commercial Plant Nursery: A use wholly, or partially, contained within one or more greenhouses where trees, shrubs, flowers, or vegetable plants are grown and sold to retail customers. Commercial Plant Nursery does not include wholesale nurseries or greenhouses.

Commission: The Planning Commission of Gunnison City, Utah.

Common Area: Facilities, land areas, and yards under common ownership.

Common Open Space: The land area reserved and set aside for recreational uses, landscaping, open green areas, parking and driveway areas for the common use and enjoyment of the owners.

Conditional Use: As defined by the Act.

Conditional Use Permit: The approval granted by a Land Use Authority to establish a Conditional Use, which may provide for reasonable conditions to establish such use.

Conference Center: A facility used for service organizations, business, and professional conferences, and seminars limited to accommodations for conference attendees.

Construction Sales and Service: An establishment engaged in the retail or wholesale sale of materials and services used in the construction of buildings or other structures, as well as the outdoor storage of construction equipment or materials on lot or parcel other than a construction site. Typical uses include lumberyards, home improvement centers, lawn and garden supply stores, construction equipment sales and rental, electrical, plumbing, air conditioning and heating supply stores, and swimming pool sales.

Constitutional Taking: Means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by the: (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or (b) Utah Constitution.

Construction: The materials, architecture, assembly, and installation of a building or structure.

Construction Activity: All grading, excavation, construction, grubbing, mining, or other development activity which disturbs or changes the natural vegetation, grade, or any existing structure, or the act of adding an addition to an existing structure, or the erection of a new primary or accessory structure on a lot or parcel.

Contractor’s Office/Contractor’s Storage Yard: A facility providing building construction and maintenance, including carpentry, plumbing, roofing, electrical, air conditioning and heating, within a totally enclosed building, and which may include the open storage of any building materials, equipment, or vehicles.

Convenience Store: A retail establishment selling consumer products including prepackaged food and drink. A convenience store may also provide associated retail sale of gasoline and other petroleum products.

Correctional Facility: A public or private facility providing confinement, housing, and care for individuals legally confined for violations of the law.

Council: The City Council of Gunnison City, Utah.

County: The unincorporated area of Sanpete County, Utah, or the Board of County Commissioners of Sanpete County, Utah.

Crematorium: Building or facility which provides cremation services on site.

Cul-de-sac: A street with only one (1) outlet and an area for the safe and convenient turning of vehicles.

Culinary Water Authority: Means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property.

Cut: The process of lowering the natural grade for a portion of the development site, or the depth or the volume of such material removal. The reference for a cut shall be measured from natural to finished grade.

Decibel (dB): A unit of measure used to express intensity of noise.

Declaration: The legal instrument by which property is subjected to the provisions of the Utah Condominium Ownership Act, or a declaration of covenants, conditions, and restrictions.

Dedication: The setting aside of land by an owner for a public use or purpose.

Demolish or Demolition: Any act or process that destroys, in part or in whole, a building or structure.

Density: The intensity or number of non-residential and residential uses expressed in terms of unit equivalents per acre or lot or units per acre. Density is a function of both the number and type of dwelling units and/or non-residential square footage and the land area.

Density Base: The number of dwelling units per acre allowed in a Zoning District.

Density, Gross: The number of dwelling units per acre within a subdivision or other development based on the total area whether developable or not, including streets, public areas, water areas, open space areas, and sensitive lands.

Density, Incentive: The number of additional dwelling units per acre allowed in addition to base density.

Density, Net: The number of dwelling units per acre within a subdivision or other development and excluding all areas used for streets, public areas, water areas, open space areas, sensitive lands, or encumbered in any other way or any other purpose.

Developer: A person or organization that develops, or intends to develop or sell property for the purpose of future development subject to the provisions of this Ordinance or the Gunnison City Subdivision Ordinance.

Development Activity: Any of the following: (a) Any man-made change to improved or unimproved lands, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations; (b) Any construction, reconstruction, or expansion of a building, structure, or use; (c) Any change in the use of a building or structure; (d) Any change in the use of land that creates additional demand and need for capital facilities or services; (e) The property being developed and/or subdivided; or (f) The act, process or result of developing.

Development Agreement: A contract or agreement between an Applicant or owner and the Council pursuant to the provisions in this Ordinance.

Development Permit: Any written authorization from a Land Use Authority that authorizes the commencement of a development activity.

Development Site: The total area and perimeters of a tract, lot, or parcel of land intended to be used for a development activity.

Disability: Means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. "Disability" does not include current illegal use of, or addiction to, any Federally controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802.

Drive through/Drive up Facility: A facility where goods and services are provided to customers who remain within a vehicle.

Driveway: A private access, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel on which it is located.

Dwelling Unit: A building, or portion thereof, containing one (1) or more rooms and one (1) kitchen and including areas for living and sleeping, designed to be used for human occupancy, complying with all provisions of the Building Codes, Subdivision Ordinance, and Zoning Ordinance, as adopted and as applicable.

The definition of a dwelling unit shall include:

1. Dwelling, Multiple Unit or Multiple Family: A building or series of buildings containing three (3) or more dwelling units, each of which is designed for and occupied by only one family. This use includes the following dwelling types in addition to others consistent with this definition:
   
   1. Dwelling, Condominium: An individually owned dwelling unit, meeting the definition of condominium, as provided in Section 57-8-1, Utah Code Annotated 1953, as amended, and complying with all requirements of the “Condominium Ownership Act,” Section 57-8-1.
   2. Dwelling, Attached Single Family (a.k.a., Townhomes): An independent dwelling unit under individual ownership which is attached by a common wall to one or more similarly designed units which are located on separate lots or parcels of land, and which have no other housing units built over or under them. These are typically designed to be several in-line units.
2. Dwelling Unit, Manufactured. A transportable factory built housing unit (dwelling unit) constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight (8) feet or more in width or forty (40) feet or more in length, or when erected on site, is four hundred (400) or more square feet, and which is built on a permanent chassis and is designed to be used as a dwelling unit with, or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.
   
   To meet the requirements of this Ordinance and State laws, when erected on the site the home must be at least 24 feet in width at the narrowest dimension, have exterior and roofing materials acceptable to the International Building Code, as adopted by Gunnison City, have a minimum roof pitch of 2:12, and be located on a permanent foundation, in accordance with plans providing for vertical loads, uplift, and lateral forces and frost protection in compliance with the International Building Code. All appendages, including carports, garages, storage buildings, additions, or alterations must be built in compliance with the International Building Code. The manufactured dwelling must be connected to the required utilities, including plumbing, heating, air-conditioning, and electrical systems. All manufactured dwelling units constructed on or after June 15, 1976, shall be identifiable 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. A Manufactured dwelling Unit shall be identified as real property on the property assessment rolls of Sanpete County.
   
   
3. Dwelling Unit, Mobile Home. A transportable factory built housing unit (dwelling unit), constructed prior to June 15, 1976, not in accordance with the Federal Home Construction and Safety Standards Act of 1974 (HUD Code).
   
4. Dwelling, Single Family: A standalone building containing only one (1) dwelling unit on a single property. A Single-Family Dwelling with an approved accessory apartment is included in this definition.
   
5. Dwelling, Two-Family or Duplex: A standalone building containing two (2) distinct dwelling units which share one or more common walls and have no direct internal access to one another.
   

Easement: A portion of a lot pr parcel reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement may be for use under, on, or above the lot or parcel.

Educational Facility: Public schools, colleges, or universities qualified by the State of Utah Board of Regents or the State of Utah Board of Education to provide academic instruction. Privately owned buildings and uses for educational or research activities that has a curriculum for technical or vocational training, kindergarten, elementary, secondary or higher education.

Elderly Person: Means a person who is sixty (60) years old or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.

Emergency Care Facility: A health care facility providing primarily outpatient emergency care for the diagnosis and treatment of individuals.

Engaging in Business: Includes, but is not limited to, the sale of real or personal property at retail or wholesale, the bartering or trading of property or services, the manufacturing of goods or property, and the rendering of personal services for others for a consideration by persons engaged in any profession, trade, craft, business, occupation or other calling, except the rendering of personal services by an employee to his employer under any contract of personal employment.

EPA: The U.S. Environmental Protection Agency.

Escrow: A deposit of cash or approved alternate in lieu of cash held to ensure a performance or a maintenance guarantee.

Excavation: The removal of boulders, gravel, rocks, earth, or similar naturally occurring deposits from its natural position.

External Illumination: Lighting which illuminates a building or structure from a remote position, or from outside of the building or structure.

Family: A person living alone, or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities: (a) Any number of people who are related by blood, marriage, adoption, or court sanctioned guardianship together with any incidental domestic or support staff who may or may not reside on the premises; or (b) four [4] unrelated people; or (c) two unrelated people and any children related to either of them. “Family” does not include any group of individuals whose association is temporary or seasonal in nature or who are in a group living arrangement because of criminal offenses.

Fence: A tangible barrier or obstruction of any material, with the purpose or intent, or having the effect, of preventing passage or view across the fence line. "Fence" includes hedges and walls.

Fence, Open: A fence which permits vision through more than fifty percent (50%) of each square foot more than eight (8) inches above the natural or finished grade.

Fence, Sight Obscuring: A fence which permits less than fifty percent (50%) vision through any part of the fence at a more than eight (8) inches above the natural or finished grade.

Fill: Materials used to raise the natural grade, or the depth or the volume of material. The reference for a fill shall be measured from natural to finished grade.

Final Action: The final vote or decision on Land Use Application.

Fire Authority: The Gunnison City Fire Department.

Fiscal Impact Analysis: An analysis that describes the current or anticipated effect upon the public costs and revenues imposed by a development activity.

Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland or tidal waters; and/or
   
2. The unusual and rapid accumulation or runoff of surface waters from any source.
   

Flood Insurance Rate Map (FIRM): The official map of the City on which the Federal Emergency Management Agency has delineated areas of special flood hazard designated as Zone A.

Flood Plain, 100 Year: A designated area where a peak flow magnitude has about a 1 percent chance of being equaled, or exceeded in any year. The area within a flood plain is based on statistical analysis of stream flow records available for the watershed and analysis of rainfall and runoff characteristics in the general region of the watershed. The flood would have an average frequency of occurrence of about once in 100 years.

Floor Area: The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed terraces. All dimensions shall be measured from the exterior faces of the exterior walls.

Floor Area, Livable (Net Floor Area): The sum of the footage contained within all buildings or structures on a site measured from the inside wall surfaces including basements but excluding, garages, porches, utility rooms, stairways, storage rooms, and unroofed balconies and patios.

Floor Area, Total (Gross Floor Area): The sum of the footage contained within all buildings or structures on a site measured from the outside wall surfaces and including basements, garages, porches, utility rooms, stairways, recreation rooms and storage rooms, but excluding unroofed balconies and patios.

Floor Area Ratio: The total floor area of a building divided by the area of the lot on which it is located.

Frontage: All the property fronting on a street measured along the street line.

Garage: An accessory building, or a portion of the primary building, used for the storage of motor vehicles.

Garage, Private: An enclosed space or accessory building for the storage of one (1) or more motor vehicles; provided that no business, occupation, or service is conducted for profit therein, nor space therein for more than one car is leased to a nonresident of the premises.
Garage, Public: A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor driven vehicles.

General Plan: As defined by the Act.

Grade: The average level of the finished surface or the ground adjacent to the exterior walls of those buildings more than five feet (5') from a street line. For buildings closer than five feet (5') to a street line, the grade is the sidewalk elevation at the center of the building. If there is more than one street, an average sidewalk elevation is to be used. If there is no sidewalk, the city engineer may establish the grade.

Grading: An excavation, cut or fill, or the act of excavating, either cutting or filling.

Grade, Finished: The finished elevation of the surface of the land after the completion of any development activity or other man-made disturbance, or grading.

Grade, Natural: The elevation of the surface of the land prior to any development activity or any other man-made disturbance, or grading.

Gravel Pit, Quarry: A use, regulated by the State of Utah Division of Oil Gas and Mining, involving on-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operation, mining, and soil mining. Specifically excluded from this use is grading and removal of dirt associated with an approved site plan or subdivision or excavations associated therewith, and for the improvement of, or a bona fide agricultural use.

Gross Acreage: The total area of a lot or parcel of land, including all rights of ways and easements.

Groundwater: Any water that may be drawn from the ground.

Guarantee: Any form of security including cash or an escrow agreement in an amount and form satisfactory to the City.

Hard-Surfaced: Covered with concrete, brick, asphalt, or other impervious surface.

Hazardous Waste: A material as defined by the United States Environmental Protection Agency.

Health Department: The Sanpete County Health Department.

Helipad - Medical: A private use heliport, helipad, or helistop which provides a helicopter landing area for the transport of persons in need of emergency medical care; the transport of patients needing specialized treatment; or the emergency transport of organs, blood, medicine, or medical equipment.

Home Based Child Care: The operation of a Child Care Facility by a state licensed operator in the operator’s home. Such facilities may include a state regulated Licensed Family location or home with a Residential Certificate.

Home Occupation: A commercial or other non-residential use conducted within a dwelling unit that is incidental and secondary to the use of the dwelling unit for residential purposes (see Section 1702). This does not include Home Based Child Care facilities as regulated under Land Use Code Section 1703 and by the State of Utah.

Hospital: A facility licensed by the State of Utah Department of Health providing clinical, temporary or emergency service of a medical, obstetrical or surgical nature to persons, primarily in-patients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, central service facilities, and staff offices. Hospitals do not include Clinics, or Long-Term Care Facilities.

Hotel: A building offering temporary lodging accommodations, or overnight accommodations for guests, with access provided through a common entrance, lobby or hallway to four (4) or more guestrooms, and which may include additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities.

Household Pets: Domesticated animals and birds ordinarily permitted in a dwelling unit and kept for company or pleasure of the owner (See Section 1720).

Illegal Building/Illegal Structure: A building or structure, or portion thereof, established without securing the necessary approvals, permits, or licenses, as required by this Ordinance or Building Code, or their prior enactments.

Illegal Use: A use established without securing the necessary approvals, permits, or licenses, as required by this Ordinance, or prior enactments.

Impact Analysis: A determination of the potential effect(s), including but not limited to environmental, fiscal, social, matters, etc., upon the City.

Impervious Material or Surface: Material that is impenetrable by water.

Improvements: Curbs, gutters, sidewalks, utilities, grading, paving, landscaping, water and sewer systems, drainage systems, fences, fire hydrants, street lights, public facilities, amenities and other such requirements of this Ordinance.

Incombustible Material: Any material that will not ignite at or below a temperature of one thousand two hundred degrees Fahrenheit (1,200°F) during an exposure of five (5) minutes, and will not continue to burn or glow at that temperature. Tests shall be made as specified in the building code.

Intensity: The degree of a quantitative or qualitative measurement associated with a use of land or building.

Kennel - Commercial: Any premises or establishment where four (4) or more dogs, older than four (4) months, are kept for the purpose of Boarding, breeding, raising or training dogs for a fee or on a nonprofit basis (See Section 1723).

Land Use: The manner in which land is occupied or used.

Land Use Application: As defined by the Act, but including an application required by this Ordinance or the Gunnison City Subdivision Ordinance.

Land Use Authority: As defined by the Act, but including a person, board, commission, agency, or other body designated by this Ordinance to act upon a Land Use Application.

Land Use Hearing Officer (LUHO): The Land Use Hearing Officer of Gunnison City, Utah.

Land Use Ordinance: As defined by the Act, but including a planning, zoning, development, or subdivision ordinance of Gunnison City, but does not include the General Plan.

Land Use Permit: As defined by the Act, but including any written authorization from a Land Use Authority that authorizes the commencement of a development activity.

Landscaping: Materials and treatments that include naturally growing elements such as grass, trees, shrubs, and flowers. Landscaping may also include the use of rocks, fountains, benches, and contouring of the earth.

Laundry, Self-Serve or Dry Cleaning. An establishment providing home-type washing, drying, and/or ironing machines, household laundry and dry cleaning services, classified as low hazard in applicable codes, with customer drop-off and pick-up.

Legal Building/Legal Structure: A building or structure, or portion thereof, complying with the requirements of this Ordinance and Building Code, as adopted or prior enactments.

Legal Nonconforming Building/Structure: A building or structure, or portion thereof, lawfully existing at the time of this Ordinance, or prior enactments, which does not now conform to the regulations of the Zoning District in which it is located.

Legal Nonconforming Use: A use, lawfully existing at the time of this Ordinance, or prior enactments, such use being maintained continuously, and which does not now comply with the use regulations of the Zoning District in which it is located.

Legal Use: A use complying with the requirements of this Ordinance.

Legislative Body: Means the Gunnison City Council.

Licensed Premises: Any room, house, building, structure, or place occupied by any person licensed to sell alcoholic beverages on such premises under this chapter.

Licensee: Includes the person, firm, corporation, or association to whom the license is issued, and also means and includes the licensee's manager, agents, servants and employees, and all other persons acting for him.

Light Source: A single artificial point source of luminescence that emits a measurable radiant energy in or near the visible spectrum.

Liquor: As defined by the Utah Alcoholic Beverage Control Act, as amended.

Liquor Licenses - Off Premises Consumption: A retail license to sell beer on the licensed premises in the original containers for consumption off the premises only, in accordance with the Utah Alcoholic Beverage Control Act and the Ordinances of the City, and to deliver the same to the residence of the purchaser; provided, however, that it is unlawful for the licensee to sell or distribute beer in any container larger than two (2) liters.

Liquor Licenses - On-Premises Consumption: A liquor license issued by the state of Utah to establishments such as restaurants, hotels, motels, and arenas which licensure generally includes requirements for sale and consumption of food on premises.

Liquor Licenses – Private Club/Resort: A liquor license that entitles the licensee to serve, sell, and store liquor, in accordance with the Utah Alcoholic Beverage Control Act and the Ordinances of the City to bona fide members of the licensed club, guest members, or their visitors accompanied by members or guest members, and not to the public.

Long-Term Care Facility. A facility providing medical, nursing, and personal support services for an extended period to individuals who cannot live independently.

Lot: A tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the County Recorder. For purposes of this ordinance, the terms lot and parcel may be used interchangeably.

Lot, Corner: A lot abutting on two (2) intersecting streets where the interior angle of intersection or interception does not exceed one hundred thirty five degrees (135°).

Lot, Double Frontage: A lot or parcel abutting two parallel or approximately parallel streets.

Lot, Illegal: A separately delineated piece of real property, created for the purposes of a development activity, and which has not received the necessary approvals, as required by the Gunnison City Subdivision Ordinance, and State laws, and their prior enactments.

Lot, Interior: A lot other than a corner lot.

Lot, Irregular: A lot whose rear property line is not generally parallel to the front property line such as a pie-shaped lot on a cul-de-sac, or where the side property lines are not parallel to each other.

Lot, Legal: A separately delineated piece of real property, created for the purposes of a development activity, which: (a) Is shown on a recorded final subdivision plat that has received the necessary approvals, as required by the Gunnison City Subdivision Ordinance, and State laws, and their prior enactments, or (b) Is defined by some other legal instrument and has a separate property identification number according to the records of the Sanpete County Recorder, and was legally created, as required by the Gunnison City Subdivision Ordinance, and State laws, and their prior enactments.

Lot, Nonconforming: A lot or parcel that: (a) Legally existed before its current zoning designation; and (b) Has been shown continuously on the records of the Sanpete County Recorder as an independent parcel since the time the zoning regulation governing the lot or parcel changed; and (c) Because of subsequent zoning changes does not conform with the lot size or other dimensional or property development standards applicable in the Zoning District in which the lot or parcel is located.

Lot Area: The total land area of a lot or parcel.

Lot Coverage: The total horizontal area of a lot or parcel covered by any impervious surface, including buildings, structures, parking, driveways, etc.

Lot Depth: The mean horizontal distance from a front lot line to a rear lot line.Lot Line: A line that divides one (1) lot or parcel from another, or from a street.

Lot Line Adjustment: Means the relocation of a lot line between two (2) adjoining lots with the consent of the owners and complying with all requirements of the Act.

Lot Line, Front: A lot or parcel line separating a lot or parcel from an existing street right-of-way or, where a new street is proposed, the proposed street right-of-way line. For an interior lot or parcel, the lot line adjoining the street; for a corner lot, the lot or parcel lines adjoining both streets; for a double frontage lot, a lot, or parcel line adjoining one (1) of the streets as elected by the City.

Lot Line, Rear: The lot line generally opposite and most distant from the front lot line.

Lot Line, Side: Any lot or parcel line that is not a front lot line or rear lot line. A side lot line separating one (1) lot or parcel from another is an interior side lot line.

Lot Width: For an interior lot or parcel, the shorter of horizontal distance between side lot lines, measured at the required front yard setback line or rear setback line. For a corner lot, the distance between one (1) of the front lot lines and the opposite side yard line at the required setback line.

Lumen: A measurement of light output or the amount of light emitting from a luminaire.

Manufactured Home: A factory built structure which is constructed in compliance with the Federal manufactured housing construction and safety standards act of 1974, which became effective June 15, 1976; transportable in one or more sections; built on a permanent chassis; designed as a place for human habitation of not more than one family, with or without a permanent foundation, when connected to required utilities; and includes the plumbing, heating, air conditioning and electrical systems contained therein.

Manufacturing, Minor: Includes the processing and fabrication of finished products by means that do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building and where such assembly, fabrication or processing takes place entirely within a building with a maximum building size of 15,000 square feet.

Manufacturing, Major: Includes the processing and fabrication of finished products, predominantly from previously prepared materials, and includes the assembly, fabrication or processing of goods and materials using processes that may create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building and where such assembly, fabrication, or processing takes place entirely within a building. Excludes Gravel pit, Quarry, and other extractive industries.

Map, Official: Any map adopted by the Council under the provisions of Utah Code Annotated, as amended.

Medical or Dental Clinic: An organization of doctors, dentists, or other health care professionals providing physical or mental health services and medical or surgical care of the sick or injured, but which does not include inpatient or overnight accommodations.

Medical or Dental Laboratory: An establishment that conducts basic medical or dental research and analysis. This term does not include a facility providing any type of in-house patient services typically provided by hospitals and clinics.

Mixed Use: The location and arrangement of a combination of residential and nonresidential uses on the same lot or parcel or within the same building, and complying with the requirements of this Ordinance.

Mobile Food Trailer: A trailer pulled behind a motorized vehicle where food and beverages are prepared and served to walk-up customers.

Mobile Food Truck: A self-propelled motorized vehicle where food and beverages are prepared and served to walk-up customers. Mobile Food Truck does not include lemonade stands, vending carts, or similar activities that typically do not establish and operate in a fixed location for a period shorter than 1 hour or operate infrequently on a daily or hourly basis.

Moderate Income Housing: As defined by the Act.

Moderate Income Housing Plan: A written document conforming to the requirements of the Act.

Monument: A permanent survey marker established by the Sanpete County Surveyor and/or a survey marker set in accordance with the City Engineer's specifications and referenced to Sanpete County survey monuments.

Mortuary, Funeral Home: An establishment in which the dead are prepared for burial or cremation. The facility may include a chapel and other rooms to conduct funeral services. Does not include cremation services.

Motel: A building or group of buildings containing four (4) or more guest rooms, some or all of which may have a separate entrance leading directly from the outside of the building with a garage or parking space located on the lot and designed, used or intended wholly or in part for the accommodation of persons usually traveling by private automobile or motor coach and which may include additional services, such as restaurants, meeting rooms, entertainment and recreational facilities.

Motor Home: A self-propelled vehicular unit, other than a mobile home primarily designed as a temporary dwelling for travel, recreational and vacation use, which is either self-propelled or is mounted on or pulled by another vehicle, including, but not limited to, a travel trailer, a camping trailer, a truck camper, a motor home, a fifth wheel trailer and a van.

Natural Features: Non man-made land characteristics, including slopes, wetlands, streams, intermittent drainage channels, and native stands of shrubs or trees.

Natural State: Land that has not been subjected to grading, removal of vegetation or any development activity.

Natural Vegetation: Vegetation existing on a lot or parcel prior to any grading, development activity or plantings.

Natural Waterways: Those areas, varying in width, along streams, creeks, gully, springs or gashes which are natural drainage channels as determined by the community and economic development director and in which areas no buildings shall be constructed.

Nominal Fee: Means a fee that reasonably reimburses the City only for time spent and expenses incurred in: (a) verifying that building plans are identical plans; and (b) reviewing and approving those minor aspects of identical plans that differ from the previously reviewed and approved building plans.

Noncomplying Structure: As defined by the Act but includes a structure that: (a) legally existed before its current land use designation; and (b) because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations, which govern the use of land.

Nonconforming Use: As defined by the Act but includes the use of land that: (a) legally existed before its current land use designation; (b) has been maintained continuously since the time the land use ordinance governing the land changed; and (c) because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land.

Nursing Home, Convalescent Care Center: A facility that provides 24-hour residential care to persons who are not related by blood, marriage, or adoption to the owner, operator, or manager of the facility. A Nursing Home or Convalescent Care Center provides some level of skilled nursing or medical service to the residents. A Nursing Home or Convalescent Care Center is also considered a Long-Term Care Facility.

Office: A building, room, or other space where executive, management, administrative or professional services are provided, except medical services, and excluding the sale of merchandise, except as incidental to a principal use. Typical uses include real estate brokers, insurance agencies, credit reporting agencies, property management firms, investment firms, employment agencies, travel agencies, advertising agencies, secretarial services, data processing, telephone answering, telephone marketing, paging and beeper services and facsimile transmission services; post offices and express mail offices, excluding major mail processing and distribution; offices for utility bill collection; professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions; interior decorating consulting services; and business offices of private companies, utility companies, public agencies, trade associations, unions and nonprofit organizations.

Official Map: As defined by the Act but means a map drawn by Gunnison City and recorded in a County recorder's office that: (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities; (b) provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and (c) has been adopted as an element of the General Plan.

Official Street Map: The map adopted by the Council, which shows the location and alignment of existing and future streets within the City.

Official Zoning Map: The map adopted by the Council showing the geographic location of Zoning Districts.

Off-Street: Entirely outside of any City right-of-way, street, access easement, or any private access drives.

Open Space: Land areas that are not occupied by buildings, structures, parking areas, streets, or roads. Open space may be devoted to landscaping, preservation of natural features, and recreational areas and facilities.

Open/Outdoor Storage (Stand Alone): The storage of goods or product in an open, unenclosed area, including but not limited to, automotive, truck, recreational vehicle, trailer, and manufactured home sales lots, repair yards, open storage areas, and all similar outside display and storage areas of goods, materials, equipment, and vehicles, and not an Accessory Use to any established primary use.

Operate or Cause to be Operated: To cause to function or to put or keep in a State of doing business.

Outdoor Youth Program: A program designed to provide behavioral, substance abuse, or mental health services to minors that: (1) serves adjudicated or non-adjudicated youth; (2) charges a fee for its services; (3) may or may not limit or censor access to parents or guardians; (4) may prohibit or restrict a minor's ability to leave the program at any time of the minor's own free will; and (5) provides its services in an outdoor setting.

Owner: Any person who alone, jointly or severally with others has legal or equitable title to any property.

Parcel: Any real property that is not a Lot. For purposes of this Ordinance, the terms parcel and lot may be used interchangeably.

Park: A playground or other area or open space providing opportunities for active or passive recreational or leisure activities.

Park Strip: The area located between a street right-of-way line and the edge of asphalt or curb, but not including driveways, sidewalks, or trails.

Parking Area: An enclosed or unenclosed area, other than a street, and used or designed for parking of vehicles.

Parking Lot: An open area, other than a street, used for parking of more than four (4) automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.

Parking Space: Space within a building, lot, or parking lot for parking or storage of one automobile.

Pasture: An area confined by wire, wood or other fence material and used for the confinement of domestic livestock for which the primary source of food is obtained from grasses or herbage growing on the area.

Person: Means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity.

Personal Care Service: An establishment primarily engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barbershops, custom tailoring and seamstress shops, electrolysis studios, portrait studios, shoe repair shops, tailors, tanning and nail salons, and weight loss centers.

Personal Instruction Service: An establishment primarily engaged in the provision of informational, instructional, personal improvement and similar services of a nonprofessional nature or by a nonprofit organization. Typical uses include art and music schools, driving and computer instruction, gymnastic and dance studios, handicraft or hobby instruction, health and fitness studios, massage therapist instruction, martial arts training, and swimming clubs.

Pervious Material or Surface: Material that is penetrable by water.

Pharmacy (or Drug Store): An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies.

Physical Therapy (includes fitness, rehabilitation): A place or building where passive or active exercises and related activities are performed for the purpose of physical fitness, rehabilitation from mobility-limiting conditions, improving circulation or flexibility, and/or weight control.

Place of Business: Each separate location maintained or operated by the licensee, whether or not under the same name, within the city from which business is engaged.

Plan for Moderate Income Housing Means a written document adopted by the Gunnison City Council that includes: (a) an estimate of the existing supply of moderate income housing located within the city; (b) an estimate of the need for moderate income housing in the city for the next five years as revised biennially; (c) a survey of total residential land use; (d) an evaluation of how existing land uses and zones affect opportunities for moderate income housing; and (e) a description of the city's program to encourage an adequate supply of moderate income housing.

Planning Commission (“Commission”): The Planning Commission of Gunnison City, Utah.

Plat: Means a map or other graphical representation of lands being laid out and prepared in accordance with Section 10-9a-603, Section 17-23-17, or Section 57-8-13, U.C.A.

Police Department: The Gunnison City Police Department.

Primary Building: The principal building located on a lot or parcel designed or used to accommodate the primary use to which the premises are devoted.

Primary Use: The principal purpose for which a lot, parcel, or building is designed, arranged or intended, or for which it is occupied or maintained as allowed by the provisions of this Ordinance.

Private Drive: Non-dedicated thoroughfare or road used exclusively for private access to and from private land and/or developments.

Property: Any lot, parcel, or tract of land, including improvements thereon, in the possession of or owned by, or recorded as the real property of, the same person or persons.

Property Line: The boundary line of a lot or parcel.

Public: That which is under the ownership or control of the United States Government, Utah State, or any subdivision thereof, Sanpete County, or the City (or any departments or agencies thereof).

Public Hearing: Means a hearing at which member so the public are provided a reasonable opportunity to comment on the subject of the hearing.

Public Improvement: Any street dedications, installations of curb, gutter, sidewalk, road base and asphalt, water, sewer, and storm drainage facilities, or other utility or service required to provide services to a lot, parcel, building, or structure.

Public Meeting: Means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings.

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 but not limited to, parks, recreational facilities, administrative and service offices and facilities, and public utilities. Public Use does not include “Major Facility of a Public Utility”, “Airport”, “Correctional Facility”, “Animal Control Facility”, “Water Treatment Plant”, or “Sewer Treatment Plant,” as defined herein.

Public Utility (Major Facility): Any electric transmission lines (greater than 140,000 volts), power plants or substations of electric utilities; gas gathering facility, regulator stations, transmission and gathering pipelines, and storage areas of utilities providing natural gas or petroleum derivatives; and their appurtenant facilities, water treatment plant, sewage treatment plant.

Public Utility (Minor Facility): 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 streets, parks, recreational facilities, administrative and service facilities, and public utilities. Public Uses and Utilities do not include “Major Facility of a Public Utility,” as defined herein.

Quasi-Public Use: A use operated by a private nonprofit educational, religious, recreational, charitable, or philanthropic institution, serving the public.

Reasonable Accommodation: A change in a rule, policy, practice, or service necessary to afford a person equal opportunity to use and enjoy a dwelling. As used in this definition “Reasonable” means a requested accommodation will not undermine the legitimate purposes of existing zoning regulations notwithstanding the benefit that the accommodation would provide to a person with a disability, “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, “Equal Opportunity” means achieving equal results as between a person with a disability and a non-disabled person.

Reception Hall, Reception Center: A facility for the holding of events including but not limited to weddings, wedding receptions, community meetings, and group gatherings.

Record of Survey Map: Means a map of a survey of land prepared in accordance with Section 17-23-17, U.C.A.

Recreational and Manufactured Home Standard: A standard adopted by the American National Standards Institute or the National Fire Protection Association for recreational vehicles, and for mobile homes manufactured prior to June 15, 1976. For manufactured homes built after June 16, 1976, "standard" means the standard adopted pursuant to the national manufactured housing construction and safety standards act of 1974 and as amended from time to time.

Recreational Vehicle: A vehicular unit primarily designed as a temporary dwelling for travel, recreational and vacation use, which is either self propelled or is mounted on or pulled by another vehicle, including but not limited to a travel trailer, a camping trailer, a truck camper, a motor home, a fifth-wheel trailer and a van.

Recycling Collection Center: A center location for the acceptance and temporary storage of recyclable materials to be transferred to a recycling processing facility. This may include depositories for thrift items, newspapers, cardboard, aluminum, plastics, etc. (See Section 1731).

Residence: A dwelling unit or other place where an individual or family is actually living at a given point in time and not a place of temporary sojourn or transient visit.

Residential Activity: Any building, structure, or portion thereof that is designed for or used for residential purposes and any activity involving the use of occupancy of a lot for residential purposes.

Residential Facility for Elderly Persons: A single-family or multiple-family dwelling unit that does not operate as a business and is owned by one of the residents, or an immediate family member of one of the residents, or the title is placed in trust for a resident, and is occupied on a 24-hour-per-day basis by eight (8) or fewer elderly persons in a family-type arrangement. Residential Facility for Elderly Persons does not include a health care facility as defined by §26-21-2, Utah Code Annotated, 1953, as amended. (See Section 1715).

Residential Facility for Persons with a Disability: A residence in which more than one (1) person with a disability resides; and is licensed or certified by the Utah Department of Health and Human Services under Title 26B, Chapter 2, Parts 1 or 2. Disability shall mean the same as defined in Utah Code Annotated, 1953, 10-9a-103 (See Section 1716).

Residential Facility for Persons with a Disability (Substance Abuse Facility located within 500 feet of a School): A residence in which more than one (1) person with a disability resides; and is licensed or certified by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities. Disability shall mean the same as defined in Utah Code Annotated, 1953, 1-9a-103 (See Section 1717).

Restaurant, Fast Food: A building or facility that sells food and beverages primarily over a counter, rather than by waitress or waiter; packages its food in wrappers, boxes or cartons regardless if the food is consumed on or off the restaurant premises; and typically provides a drive through/drive up facility.

Restaurant, Sit Down: A building or facility for the preparation, retail sale, and on-site consumption of food and beverages.

Retail Sales and Services: Establishments engaged in the sale of goods and services on a for-profit or not-for-profit basis.

Riding Arena (Equestrian Arena): An area or structure used for horse riding and equestrian-related activities.

Right-of-Way: Any dedicated area provided for conveying vehicle and pedestrian traffic, and other public use.

Sanitary Sewer Authority: Means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems.

Self-Service Storage: An enclosed storage facility of a commercial nature containing independent, fully enclosed bays, which are leased to persons exclusively for storage of their household goods or personal property.

Setback or Required Yard Area: The permitted distance on a lot or parcel between a building line and a property line.

Sewer Treatment Facility: A state-licensed facility that treats sanitary sewer effluent to a minimum level as established by State and/or Federal environmental protection agencies.

Sexually Oriented Business: An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, or adult entertainment outcall service in the form of seminude dancing or exhibition, adult motion picture theater, adult theater, seminude model studio, or sexual encounter establishment (See Section 1725).

Sexually Oriented Entertainment Activity: The sale, rental, or exhibition for any form of consideration, of books, films, videocassettes, magazines, periodicals, or live performances that are characterized by an emphasis on the exposure or display of specific sexual activity.

Sign: A presentation or representation of words, letters, figures, designs, picture or colors, publicly displayed so as to give notice relative to a person, a business, an article or merchandise, a service, an assemblage, a solicitation, or a request for aid; also the structure or framework or a natural object on which any sign is erected or is intended to be erected or exhibited or which is being used or is intended to be used for sign purposes.

Sign, Awning: A sign attached flat against the surface of an awning.

Sign, Canopy: A sign attached to, or included in the constructed of a canopy, which may be located over a fuel island or drive through.

Sign, Free-Standing Monument: A sign attached to the ground or a foundation with no pole(s) brace(s), or other visible means of support other the attachment or foundation to the ground.

Sign, Free Standing Pylon: A sign attached to the ground or a foundation with a pole, or poles, or other visible means of support.

Sign, Limited: A sign associated with an established use and intended to be displayed for a maximum period of ninety (90) calendar days, such sign being removed after the expiration of Ninety (90) calendar days.

Sign, Wall: A sign displayed against the wall of a building, where the exposed face of the sign is parallel to the wall and extends not more than twelve (12) inches horizontally from the face of the wall.

Site Plan: A schematic, scaled drawing of a lot or parcel which indicates, as may be required by this Ordinance, the placement and location of buildings, setbacks, yards, property lines, adjacent parcels, utilities, topography, waterways, irrigation, drainage, landscaping, parking areas, driveways, trash containers, streets, sidewalks, curbs, gutters, signs, lighting, fences and other features of existing or proposed construction or land use.

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.

Special District: Means an entity established under the authority of Title 17A, Special Districts, and any other governmental or quasi-governmental entity that is not a County, municipality, school district, or unit of the State.

Special Use: A use established to meet a particular need or activity for a specific period, but not to exceed three hundred sixty (360) days and conducted in compliance with all the requirements of this Ordinance, such use being discontinued and completely removed after the expiration of the specific period.

Specified Public Utility: Means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1, U.C.A.

Start of Construction: The issuance date of a building permit if construction, repair, reconstruction, placement, or other improvement begins within one hundred eighty (180) days of the permit date. “Begins” means either the first excavation on the site or the placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation.

Story: The space within a building, other than a cellar, included between the surface of any floor and the surface of the ceiling next above.

Street: Means a public right-of-way, including a highway, avenue, boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other way.

Structural Alterations: Any change in supporting members of a building, such as bearing walls, columns, beams, or girders.

Structure: Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground.

Subdivision: See GCSO Chapter 14.

Subdivision (Condominium): See GCSO Chapter 14.

Subdivision (Large Lot): See GCSO Chapter 14.

Subdivision (Major Single Family): See GCSO Chapter 14.

Subdivision (Master Planned): See GCSO Chapter 14.

Subdivision (Minor Single Family): See GCSO Chapter 14.

Subject Property: Means any land, lot, parcel, or tract that is the subject of, and is identified in any Land Use Application.

Substantial Action: Action taken in good faith to diligently pursue any matter necessary to obtain approval of an application filed pursuant to the provisions of this Ordinance or to exercise development rights authorized pursuant to such an approval.

Substantial Improvement: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure:

1. Before the improvement or repair is started; or
   
2. If the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
   
3. The term does not, however, include either:
   
   1. Any project for improvement of a structure to comply with existing State or Local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
      
   2. Any alteration of a structure listed on the national register of historic places or a State inventory of historic places.
      

Swimming Pool: Any artificial or semi-artificial container, whether indoors and whether above or below the surface of the ground, or both, used or intended to be used to contain a body of water for swimming by any person or persons, together with all permanent structures, equipment, appliances and other facilities used or intended for use in and about the operation, maintenance and use of such pool.

Temporary Use: A special event or use proposed to be established for a maximum period of ninety (90) days, such event, or use being discontinued after the expiration of ninety (90) days and conducted in compliance with all the requirements of this Ordinance. Such uses may include, but are not limited to, seasonal commercial activities, including Christmas tree lots and snow cone shacks, nonprofit fund-raising activities, organized events, educational, historic, religious and patriotic displays or exhibits, including athletic or recreational events, festivals, arts and crafts fairs, and other organized events. All family gatherings shall be exempt from the requirements of a Temporary Use Application approval.

Theater, Indoor: A building or part of a building devoted to the showing of moving pictures, or the presentation of live performances.

Therapeutic School: A residential group living facility for four (4) or more individuals who are not related to: (i) the owner of the facility; or (ii) the primary service provider of the facility; and that serves students who have a history of failing to function: (i) at home; (ii) in a public school; or (iii) in a nonresidential private school; and that offers:(i) room and board; and (ii) an academic education integrated with: (A) specialized structure and supervision; or (B) services or treatment related to a disability, an emotional development, a behavioral development, a familial development, or a social development.

Travel Trailer: A vehicular, portable unit, mounted on wheels, not requiring special highway movement permits when drawn by a motorized vehicle:

1. Designed as a temporary dwelling for travel, recreational and vacation use; and
   
2. When factory equipped for the road, having a body width of not more than eight (8) feet and a body length of not more than forty (40) feet.
   

U.C.A. Means the Utah Code Annotated, as amended.

Unincorporated: Means the area outside of the incorporated area of the City.

Use: The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.

Use Variance: A modification to the Allowed Uses that allows a landowner to use a parcel or lot that is not permitted by this Ordinance.

USGS: The United States Geological Survey.

Utilities: Include, but are not limited to, natural gas, electric power, cable television, telephone, telecommunication services, storm system, sewer system, irrigation facilities, culinary water, street lights and other services deemed to be of a public-utility nature by the City.

Utility Easement: The area designated for access to construct or maintain utilities on a lot or parcel.

Variance: A modification granted by the LUHO to a zoning requirement for height, bulk, area, width, setback, or other numerical or quantitative requirement for a building or structure or other site improvements, with a finding of hardship, as set forth in this Ordinance.

Vehicle: A properly licensed automobile, truck, trailer, boat or other device in which a person or thing is or can be transported from one (1) place to another.

Vehicle and Equipment Rental or Sale, New or Used: An establishment engaged or licensed to engage in the business of buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. Typical uses include new and used truck sales and rental, boat sales, recreational vehicles, construction equipment rental yards, moving truck and trailer rental, and farm equipment and machinery sales and rental.

Vehicle and Equipment Repair: An establishment primarily engaged in the major repair or painting of motor vehicles or heavy equipment, including auto body repairs, installation of major accessories and transmission and engine rebuilding services. Typical uses include major automobile repair garages, farm equipment repair, paint, and body shops.

Vested Right (or Vested): A right to develop property in a particular manner which cannot be abolished, modified or restricted by a Land Use Ordinance or regulations subsequently enacted.

Violated or Violating: There exists reasonable cause to believe that any ordinance, code, statute, or law has been or is being violated and is not limited to pleas of guilty or convictions for violating said ordinances, codes, statutes, or laws.

Water Treatment Facility: A licensed facility that treats raw water to a quality as established by State and/or Federal agencies to provide culinary water suitable for human consumption.

Wholesale Nursery or Greenhouse: A wholesale business whose principal activity is growing, selling, and shipping of plants.

Wind Energy System: A wind energy conversion system consisting of one (1) wind turbine and tower and associated control and/or conversion electronics which have a rated capacity of less than three kilowatts (3kW) and providing wind generated electrical power to be used for on-site consumption.

Wireless Telecommunication Site/Facility: A facility used for the transmission or reception of electromagnetic or electro-optic information, which is placed on a structure. This use is 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, but is required to meet location requirements, as established for such uses, as provided by this Ordinance. Telecommunications Site/Facility does not include Amateur Radio equipment that complies with the ruling of the Federal Communications Commission in “Amateur Radio Preemption, 101 FCC 2nd 952 (1985)” or amateur radio service adopted under 47 C.F.R. Part 97. A facility may be located on any property owned by the City. (See Section 1722)

Yard: An open space on a lot, other than a court, unoccupied and unobstructed from the ground upward by buildings, except as otherwise provided herein.

Yard, Front: An open space on the same lot with a building between the front line of the building (exclusive of steps) and the front lot line and extending across the full width of the lot. The "depth" of the front yard is the minimum distance between the front lot line and the front line of the building.

Yard, Rear: An open, unoccupied space on the same lot as a building, between the rear line of the building (exclusive of steps) and the rear lot line and extending the full width of the lot; except, on corner lots, the rear yard shall not include the side yard bordering the street.

Yard, Side: An open, unoccupied space on the same lot as a building, between the rear line of the building (exclusive of steps) and the front line of the building (exclusive of steps) and extending from the side line of the building (exclusive of steps) to the side lot line; except, on corner lots, the side yard bordering the street shall extend to the rear from the front line of the building (exclusive of steps) to the rear lot line, the same distance as is required for side yard setbacks on corner lots in each zone.

Zoning Administrator: The person appointed by the Council to carry out the administrative responsibilities of this Ordinance.

Zoning District: An area of the incorporated territory of the City which has been given a designation which regulates the construction, reconstruction, alteration, repair or use of buildings or structures, or the use of land as set forth in this Ordinance.

Zoning Map: Means a map, adopted as part of this Ordinance that depicts land use zones, overlays, or districts.

Zoning Ordinance: The zoning ordinance of Gunnison City, Utah, as set forth in this Ordinance, a Land Use Ordinance, as defined by the Act, and as amended from time to time.