84 - DEFINITIONS
For the purpose of this Title 17, certain words are defined as follows:
"Active recreation area" means a dedicated active play area where irrigated grass is used as the playing surface, such as a sports field designed for public use. Active recreation areas shall be:
1.
A minimum of one thousand five hundred contiguous square feet of grass area;
2.
Not less than thirty feet in any dimension;
3.
A minimum of ten feet from areas dedicated to vehicular use, such as a street or parking lot;
4.
Designed and located to be accessible to large populations, such as at a school, daycare, recreation center, senior center, public park, private park, water park or religious institution; and
5.
Co-located with amenities, including but not limited to trash bins, benches, tables, walking paths, drinking water, playground equipment and/or other recreational amenities.
"Adjacent" means meeting or touching at some point, or across a street, alley or other public or private right-of-way.
"Agricultural products" mean products intended for direct human or animal consumption such as vegetables, fruits, dairy products, eggs, grains, meat, poultry, fish, honey, hay and wool.
"Applicant" means the owner of land or the owner's authorized representative.
"Appurtenances" means the visible, functional, or ornamental objects accessory to and part of a building.
"As-built profile" means a map or drawing which depicts a vertical section of a road, street, curb, conduit or other physical feature as it has been actually constructed.
"Average daily traffic (ADT)" means the average of one-way vehicular trips that use a road or driveway during a twenty-four-hour period.
"Basement" means that portion of a building between floor and ceiling which is partly below and partly above grade, located such that the vertical distance from grade to floor below is more than the vertical distance from grade to ceiling.
"Board of county commissioners/county commission" means the board of county commissioners of Iron County, Utah.
"Boarder" means a person living in a rented room in a boarding house. The boarding house operator, or a member of his/her immediate family who resides on the premises with the operator, shall not be considered to be a boarder.
"Buildable area" means the portion of a lot which is within the envelope formed by the required yards.
"Building" means a structure having a roof supported by columns or walls for housing, shelter or enclosure of persons, animals or property of any kind.
"Building height" means the vertical distance from grade to the highest point of the coping of a flat roof; to the deck line of a mansard roof; or the average height of the highest gable, hip or gambrel roof.
Building, Principal. "Principal building" means a building in which is conducted the principal use of the lot on which it is located. In a residential zoning district, any dwelling is deemed to be the principal building on the lot on which it is situated.
Building, Public. "Public building" means a building owned and operated, or owned and intended to be operated, by Iron 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 nontransferrable 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 Iron County's zoning authority as provided under Section 10-9-105, Utah Code Annotated, 1953, as amended, or its successor provision; and
2.
The ownership or use of a building which is immune from the city's zoning authority under the supremacy clause of the United States Constitution.
"Bulk" means the total volume of the structure, found by multiplying the square footage by the height.
"Carport" means a private garage not completely enclosed by walls or doors. For the purpose of this title, a carport shall be subject to all regulations prescribed for a private garage.
"Certificate of occupancy" means a certificate issued by the county 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.
"Class "A" beer outlet" means a place of business wherein beer is sold in original containers for off-premises consumption only in accordance with the Alcohol Beverage Control Act of Utah and the provisions of the licensing ordinance of Iron County.
"Class "B" beer outlet" means a place of business where beer is sold in original containers or in draft for on-premises consumption or off-premises consumption in accordance with the Alcohol Beverage Control Act of Utah and the provisions of the licensing ordinance of Iron County.
"Commission" means the county planning and zoning commission of Iron County.
"Common open space" means a parcel of land, an area of water or a combination of land and water within a site designed and intended primarily for the use or enjoyment of residents, occupants and owners within that development.
"Conditional use" means a use of land for which a conditional use permit is required pursuant to this title.
"Condominium ownership" means a building, or group of buildings, in which dwelling units, offices or floor area are owned individually, and the structure, common areas and facilities are owned by all the owners on an undivided basis.
"Conservation easement" means the grant of a property right stipulating that the described land will remain in a certain state and precluding future or additional development, unless use or development is specifically allowed by the terms of the conservation easement.
"Construction plan" means the maps or drawings accompanying an application which show the specific location and design specifications of improvements to be installed in accordance with the requirements of approval by the planning commission and board of county commissioners.
"Contiguous" means the touching or overlap of two or more use district boundaries or property lines.
"Corral" means a space, other than a building, used for the confinement of animals.
Critical Slope, Thirty Percent. "Critical slope" or "thirty percent slope" means an area where the rise or fall is equal to or exceeds thirty percent (1:3) over a horizontal distance of one hundred feet or greater.
"Digital infrastructure" is any electrical infrastructure, energy and fuel infrastructure, transmission and/or distribution infrastructure supporting data center development, including but not limited to, fiber optic cable conduit, fuel transmission and distribution infrastructure supportive of data centers and data center power plants.
"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, or successor law. As used in this definition:
1.
Physical or mental impairment includes:
a.
Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine;
b.
Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; or
c.
The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.
2.
For the purposes of this section, "major life activities" mean functions such as caring for one's self, performing manual task, walking, seeing, hearing, speaking, breathing, learning and working.
3.
For the purposes of this section, "has a record of such an impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
4.
"Is regarded as having an impairment" means:
a.
Has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by another person as constituting such a limitation;
b.
Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of other toward such impairment; or
c.
Has none of the impairments defined in this definition but is treated by another person as having such an impairment.
"Disposal" means 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 ground waters.
"Domestic staff" means persons employed or residing on the premises of a dwelling or other residential facility to perform domestic services or to assist residents in performing major life activities.
"Domicile" means any structure or portion thereof where an individual has a fixed permanent home and principal establishment to which the individual if absent, intends to return.
"Easement" means a right granted by a property owner permitting a designated part or interest of the property to be used by others for a specific use or purpose.
"Elderly person" means a person who is sixty years or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.
"Facility" means a structure or place which is built, installed or established to serve a particular purpose.
"Family" means one or more persons related by blood, marriage, adoption, or guardianship or a group of not more than four unrelated persons living together as a single nonprofit housekeeping unit, together with any incidental domestic staff who may or may not reside on the premises. Family does not exclude the care of foster children.
"Farm animal" means domestic animals, including fowl, exotic animals, or other animals so long as the animal is kept for the purpose of a farm product, for farm operation, or service to a human. "Farm animal" does not include animals used for research in a scientific laboratory, or specimens in a zoo, or wild or other animals in a rehabilitation facility.
"Foster child" means a child under eighteen years of age in the custody of the Utah Division of Child and Family Services and temporarily placed in a licensed foster care home as prescribed by Utah law.
"Frontage" means all property fronting on one side of the street, highway or private road.
Garage, Private. "Private garage" means an accessory building designed or used for the storage of not more than four automobiles owned and used by the occupants of the building to which it is accessory, provided that on a lot occupied by a multiple dwelling, the private garage may be designed and used for the storage of one and one-half times as many automobiles as there are dwelling units in the multiple dwelling. A garage shall be considered part of a dwelling, if the garage and the dwelling have a roof or wall in common.
"Geologic hazard" means a geologic condition which may pose a significant threat to persons or property.
"Grading" means any excavating, filling or combination thereof. Grading is regulated by the appendix chapter titled "Excavation And Grading" of the most current edition of the county's adopted building codes.
"Grazing" means the feeding of livestock or horses where more than fifty percent of the feed is produced on the immediate parcel and available to the animals as in-place vegetation to sustain life.
"Guest" means any transient person who occupies a room for sleeping purposes.
"Hazardous materials" mean the same as defined in the Utah Solid and Hazardous Waste Rules, Utah Administrative Code R315.
"Hazardous substances" mean the same as defined in the Utah Solid and Hazardous Waste Rules, Utah Administrative Code R315.
"Hazardous waste" means the same as defined in the Utah Solid and Hazardous Waste Rules, Utah Administrative Code R315.
"Horticultural" means having to do with the growing of fruits, vegetables, flowers or ornamental plants.
"Infectious waste" means a solid waste that contains or may be reasonably expected to contain pathogens of sufficient virulence and quantity that exposure to the waste by a susceptible host could result in an infectious disease.
"Inherently waste-like" means materials include those listed in 40 CFR 261.2 (c); UHWMR 450-2.1-1. and material that is ordinarily disposed of burned or incinerated or that contains toxic constituents which are not ordinarily found in raw materials or products for which the materials substitute and are not used or reused during the recycling process and which may pose a substantial hazard to human health and the environment when recycled.
"Importation" means the act or business of bringing in wastes, substances or materials from a county, state or country outside the boundaries of Iron County.
"Improvements" means street grading, street surfacing and paving, curb and gutters, street lights, street signs, sidewalks, crosswalks, water mains and lines, water meters, fire hydrants, sanitary sewers, storm drainage facilities, culverts, bridges, public utilities or other such installations designated by the planning commission or board of county commissioners.
"Intensity" means the concentration of activity, such as combination of the number of people, cars, visitors, customers, hours of operation, outdoor advertising, numbers of buildings, numbers of livestock, etc.
"Junk" means any old or scrap copper, brass, rope, rags, batteries, paper, trash, wood and rubber debris, waste, or junked, dismantled, or wrecked automobiles or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.
"Kitchen" means any room used for or intended to be used for cooking and preparing food.
"Loading and unloading space" means a permanently maintained space on the same lot as the principal building accessible to a street or alley and not less than ten feet in width, twenty feet in length, and fourteen feet in height.
"Lot" means a parcel of land occupied or to be occupied by a building or group of buildings, together with such yards, open spaces, lot width as are required by this title, and which has the minimum lot area, except as otherwise provided under Section 17.16.040, having frontage upon a street or upon a right-of-way not less than sixteen feet wide. Except for group dwellings and guest houses and dwellings associated with agricultural uses and lands, not more than one dwelling structure shall occupy any one lot.
"Lot area" means the area of a horizontal plane within the lot lines of a lot.
Lot, Corner. "Corner lot" means a lot abutting on two intersecting or intercepting streets where the interior angle of intersection or interception does not exceed one hundred thirty-five degrees.
"Lot, coverage" means the percentage of the area of a lot which is occupied by all buildings, other impervious surfaces or other covered structures.
"Lot, depth" means for lots having front and rear lot lines which are parallel, the shortest horizontal distance between such lines; for lots having front and rear lot lines which are not parallel, the shortest horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line; and for triangular shaped lots, the shortest horizontal distance between the front lot line and a line within the lot, parallel with and at a maximum distance from the front lot line having a length of not less than ten feet.
Lot, Interior. "Interior lot" means a lot other than a corner lot.
"Lot line" means any line bounding a lot.
Lot Line, Front. "Front lot line" means the boundary of a lot which separates the lot from the street; and in the case of the corner lot, the front lot line is the shorter of the two lot lines separating the lot from the street, except that where these lot lines are equal or within fifteen feet of being equal, either lot line may be designated the front lot line, but not both.
Lot Line, Rear. "Rear lot line" means the boundary of a lot which is most distant from, and is, or is most nearly, parallel with the front lot line; except that in the absence of a rear lot line, as is the case of the triangular-shaped lot, the rear lot line may be considered as a line within the lot parallel with and at a maximum distance from the front lot line having a length of not less than ten feet.
Lot Line, Side. "Side lot line" means the boundary of a lot which is not a front lot line or a rear lot line.
"Lot of record" means a lot which is part of a subdivision, the plat of which has been recorded in the office of the county recorder of Iron County; or a lot, parcel or tract of land, the deed of which has been recorded in the office of the county recorder of Iron County.
Lot, Through. "Through lot" means a lot having a pair of opposite lines abutting two streets and which is not a corner lot. On such lots, both lot lines are front lot lines.
"Lot width" means for rectangular lots, lots having side lot lines not parallel and lots on the outside of the curve of a street, the distance between side lot lines measured at the required minimum front yard line on a line parallel with the street or long chord; and for lots on the inside of the curve of a street, the distance between side lot lines measured thirty feet behind the required minimum front yard line on a line parallel with the street or long chord.
"Manufactured home" means a transportable, factory-built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, and when erected on site, the home must be at least:
1.
Twelve feet in width at the narrowest dimension, if greater than 500 square feet, and
2.
Eight feet in width at the narrowest dimension, if equal or less than five hundred square feet, and
have exterior and roofing materials acceptable to the county's building codes, have a minimum roof pitch of 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 Iron 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.
"Market garden" means food crops, plant fiber, ornamentals, or other plants grown to be sold for profit.
"Mobile home" means a transportable, factory-built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code). The following are excluded from this definition:
1.
Travel trailers, motor homes, camping trailers, or other recreational vehicles; and
2.
Manufactured home.
"Mobile home park" means any plot of ground upon which three or more mobile homes occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodation.
"Mobile home space" means a plot of ground within a mobile home park or travel trailer park designed for the accommodation of one mobile home or travel trailer together with its accessory structures including carports or other off-street parking areas, storage lockers, patios, patio covers, awnings and similar appurtenances.
Name Plates and Signs: "Name plates and signs" means and includes:
1.
One name plate for each dwelling unit, not exceeding two square feet in area, indicating the name of the occupant or a permitted home occupation;
2.
One sign board not exceeding eight square feet in area appertaining to the lease or sale of the property or the sale of products produced on the property or warning against trespassing;
3.
One bulletin board not exceeding eight square feet in area for a church or other institution for the purpose of displaying the name and character of services or other activities conducted therein;
4.
One identification sign not exceeding eight square feet in area for buildings other than dwellings;
5.
All such bulletin boards and identification signs shall be attached to and parallel with the front wall of the building. If any name plate, bulletin board or sign is illuminated, indirect lighting only shall be used; no flashing or intermittent illumination shall be employed.
"Natural waterways" means those areas varying in width along streams, creeks, gullies, springs, faults or washes which are natural drainage channels as determined by the zoning administrator and in which areas no buildings shall be constructed.
"Nonconforming building or structure" means a building or structure or portion thereof lawfully existing at the time this Title 17 became effective which does not conform to all the height, area and yard regulations herein prescribed in the zone in which it is located.
"Nonconforming use" means the lawful use of any building, lot, parcel or tract of land existing at the time this Title 17, or amendments thereto, become effective which does not conform with the use regulations of the zoning district in which it is located.
"Nuisance" means 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-street parking" means an area adjoining a building providing for the parking of automobiles which does not include a public street but has convenient access to it.
"Parking lot" means an open area, other than a street, used for parking of more than four automobiles and available for public use, whether free, for compensation or as an accommodation for clients or customers.
"Parking space" means a permanently surfaced area, enclosed or unenclosed, of not less than eight feet six inches in width and having an area of not less than one hundred eighty square feet, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.
"Permanent farm worker" means a farm worker whose primary source of income comes from farm work and who is compensated for that farm work by a constant year-round salary or wage. This definition does not include seasonal farm workers or migrant farm workers.
"Permitted use" means a use of land for which no conditional use permit is required.
"Primary dwelling" means a single-family dwelling that is detached and is occupied as the primary residence of the owner of record.
"Principal use" means the primary purpose or function for which a parcel is used.
"Public improvement" means any publicly owned and maintained drainage ditch, roadway, street, parkway, sidewalk, pedestrian way, landscaping, off-street parking area or other facility or amenity.
"Quasi-public use" means a use operated by a private nonprofit, educational, religious, recreational, charitable or philanthropic institution, such use having the purpose primarily of serving the general public, such as churches, private schools and universities and similar uses.
"Reasonable accommodation" means 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 that will not undermine the legitimate purposes of existing zoning 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.
"Recyclable materials" mean reusable materials, including but not limited to metals, glass, plastic, wood, and paper which are intended for remanufacturing or reconstitution. Recyclable materials do not include junk, rubbish, refuse or hazardous waste.
"Residence" means any structure or portion thereof where an individual is actually living at a given point and time, which is not a place of temporary abiding such as a hotel.
"Right-of-way" means land occupied or intended to be occupied by a public or private trail, road or other public transportation use or railroad, electric transmission line or other utility uses.
"Road" means a public or private thoroughfare which affords a means of access to abutting property.
"Setback" means the required minimum distance between the building and the related front, side or rear lot line.
"Sign" means 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 built home" means a housing unit constructed at a site in accordance with the building codes of Iron County.
"Solar access" means the ability to receive sunlight across real property for any solar energy device.
"Solar energy device" means a device which converts the sun's radiant energy into thermal, chemical, mechanical or electric energy.
"Solid waste" (as per Utah Code Annotated Section 19-6-102(16)) means any garbage, refuse, sludge, including sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining or agricultural operations and from community activities but does not include solid or dissolved materials in domestic sewage or in irrigation return flows or discharges for which a permit is required under Title 19, Chapter 5, Water Quality Act, or under the Water Pollution Control Act, 33 U.S.C. Section 1251 et seq.
"Solid waste" does not include any of the following wastes, unless the waste causes a public nuisance or public health hazard or is otherwise determined to be a hazardous waste:
1.
Certain large volume wastes, such as inert construction debris used as fill material;
2.
Drilling muds, produced waters and other wastes associated with the exploration, development or production of oil, gas or geothermal energy;
3.
Fly ash waste, bottom ash waste, slag waste and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels;
4.
Solid wastes from the extraction, beneficiation and processing of ores and minerals; or
5.
Cement kiln dust.
A solid waste is considered a hazardous waste if it is listed as hazardous or if it exhibits any one of the hazardous characteristics set forth hereafter. "Hazardous waste" (as per Utah Code Annotated Section 19-6-102(9)) means a solid waste or combination of solid wastes which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
"State store" means an outlet for the sale of liquor located on premises owned or leased by the state of Utah.
"Storage" means the actual or intended containment of solid or hazardous waste either on a temporary basis or for a period of years in such a manner as not to constitute disposal of such waste.
"Story" means that portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the surface of such floor and the ceiling or roof above it.
"Street line" means the boundary which separates the right-of-way of a street from the abutting property.
"Street" means a thoroughfare which has been dedicated or abandoned to the public and accepted by proper public authority, or a thoroughfare which has been made public by right of use and which affords the principal means of access to abutting property.
"Structural alteration" means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any rebuilding of the roof or exterior walls.
"Structure" means anything constructed or erected which requires location on the ground or attached to something having location on the ground, but not including tents, vehicles, travel trailers or mobile homes.
"Subdivision" means the division of a tract or a lot or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose of sale or of building development, including associations, corporations or any circumstance of joint tenancy or tenants in common, provided that this definition shall not include a bona fide division of agricultural purposes, nor shall this definition apply to the sale or conveyance of any parcel of land which may be shown as one of the lots of a subdivision of which a plat has theretofore been recorded in the office of the county recorder.
"Substantial modification" means a change which significantly alters the impacts and/or character of a structure, development or use.
"Townhouse" means an attached, privately owned single-family dwelling unit which is a part of, and adjacent to, other similarly owned single-family dwelling units that are connected to but separated from one another by a common party wall having no doors, windows, or other provisions for human passage or visibility.
"Townhouse block" means a group of lots occupied or to be occupied by a townhouse building containing no less than four and no more than eight lots, each with a connected dwelling unit together with such yards, open spaces, parking areas, and size required by this title, having frontage upon a county accepted and maintained street or right-of-way.
"Townhouse building" means a grouping of townhouse units containing no less than four or more than eight townhouse dwelling units contiguous to one another.
"Townhouse cluster" means a cluster or grouping of townhouse lots and buildings containing no less than four or more than thirty-two townhouse dwelling units separated by a distance designate in this title from another townhouse cluster.
"Townhouse lot" means a properly recorded and deeded subdivision lot upon which a townhouse unit is planned or found.
"Treatment" means a method, technique, or process designed to change the physical, chemical, or biological character or composition of any solid or hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable to storage or reduced in volume.
"Travel trailer" means a mobile home not exceeding eight feet in width nor thirty-three feet in length.
"Treatment" means a method, technique, or process designed to change the physical, chemical, or biological character or composition of any solid or hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable to storage or reduced in volume.
"Use" means the purpose or purposes for which land or a building is occupied, maintained, arranged, designed or intended.
"Utah Farming Assessment Act" means adopted Utah Code and authorized in Iron County, Utah, for general property tax purposes, land that may be assessed on the basis of the value that the land has for agricultural use if the land qualifies under Section 59-2-1703 UCA. "Urban farming" as defined in the Urban Farming Assessment Act (59-2-17 UCA), means cultivating food, or other marketable crop, with a reasonable expectation of profit from the sale of the food, or other marketable crop, and from irrigated land, located in a county that has adopted an ordinance governing urban farming in the county, pursuant to Section 59-2-1714. "Urban farming" does not include cultivating food derived from an animal, or grazing.
"Yard" means the open space at grade level between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except as otherwise provided in this title. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the principal building is to be used; however, on any lot wherein a setback line has been established by the regulations of this title for any street abutting the lot, such measurement is to be taken from the principal building to the setback line.
Yard, Front. "Front yard" means a yard extending across the front width of a lot and being the minimum horizontal distance between the street line and the principal building or any projection thereof other than steps, unenclosed balconies and unenclosed porches. The front yard of a corner lot is the yard adjacent to the designated front lot line.
Yard, Rear. "Rear yard" means a yard extending between the side yards of a lot, or between the side lot lines in the absence of side yards, and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projection thereof, other than steps, unenclosed balconies or unenclosed porches. On corner lots and interior lots, the rear yard is in all cases at the opposite end of the lot from the front yard.
Yard, Required. "Required yard" means the minimum open space as specified by the regulations of this title for front, rear and side yards as distinguished from any yard area in excess of the minimum required.
Yard, Side. "Side yard" means a yard between the building and the side lot and extending from the front yard to the rear lot line as defined or along the full depth in absence of front and rear yards and being the minimum horizontal distance between a side lot line and the side of the principal building or any projection thereof other than steps, unenclosed balconies or unenclosed porches. An "interior side yard" is defined as the side yard adjacent to a common lot line.
"Zoning district" means any portion of the unincorporated area of Iron County in which the same zoning regulations apply.
(Ord. 196 § 4, 2004; Ord. 186 § 1, 2003; Ord. 158 § 1 (part), 1998)
(Ord. No. 2011-6, § 1(Exh. A, I), 10-24-2011; Ord. No. 2013-2, § 3, 5-16-2013; Ord. No. 2019-8, § 1, 11-12-2019; Ord. No. 2021-3, § 6, 4-12-2021; Ord. No. 2021-6, § 3, 6-28-2021; Ord. No. 2022-1, § 3, 1-10-2022; Ord. No. 2024-4, § 2, 6-10-2024; Ord. No. 2025-5, § 4, 4-14-2025)
84 - DEFINITIONS
For the purpose of this Title 17, certain words are defined as follows:
"Active recreation area" means a dedicated active play area where irrigated grass is used as the playing surface, such as a sports field designed for public use. Active recreation areas shall be:
1.
A minimum of one thousand five hundred contiguous square feet of grass area;
2.
Not less than thirty feet in any dimension;
3.
A minimum of ten feet from areas dedicated to vehicular use, such as a street or parking lot;
4.
Designed and located to be accessible to large populations, such as at a school, daycare, recreation center, senior center, public park, private park, water park or religious institution; and
5.
Co-located with amenities, including but not limited to trash bins, benches, tables, walking paths, drinking water, playground equipment and/or other recreational amenities.
"Adjacent" means meeting or touching at some point, or across a street, alley or other public or private right-of-way.
"Agricultural products" mean products intended for direct human or animal consumption such as vegetables, fruits, dairy products, eggs, grains, meat, poultry, fish, honey, hay and wool.
"Applicant" means the owner of land or the owner's authorized representative.
"Appurtenances" means the visible, functional, or ornamental objects accessory to and part of a building.
"As-built profile" means a map or drawing which depicts a vertical section of a road, street, curb, conduit or other physical feature as it has been actually constructed.
"Average daily traffic (ADT)" means the average of one-way vehicular trips that use a road or driveway during a twenty-four-hour period.
"Basement" means that portion of a building between floor and ceiling which is partly below and partly above grade, located such that the vertical distance from grade to floor below is more than the vertical distance from grade to ceiling.
"Board of county commissioners/county commission" means the board of county commissioners of Iron County, Utah.
"Boarder" means a person living in a rented room in a boarding house. The boarding house operator, or a member of his/her immediate family who resides on the premises with the operator, shall not be considered to be a boarder.
"Buildable area" means the portion of a lot which is within the envelope formed by the required yards.
"Building" means a structure having a roof supported by columns or walls for housing, shelter or enclosure of persons, animals or property of any kind.
"Building height" means the vertical distance from grade to the highest point of the coping of a flat roof; to the deck line of a mansard roof; or the average height of the highest gable, hip or gambrel roof.
Building, Principal. "Principal building" means a building in which is conducted the principal use of the lot on which it is located. In a residential zoning district, any dwelling is deemed to be the principal building on the lot on which it is situated.
Building, Public. "Public building" means a building owned and operated, or owned and intended to be operated, by Iron 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 nontransferrable 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 Iron County's zoning authority as provided under Section 10-9-105, Utah Code Annotated, 1953, as amended, or its successor provision; and
2.
The ownership or use of a building which is immune from the city's zoning authority under the supremacy clause of the United States Constitution.
"Bulk" means the total volume of the structure, found by multiplying the square footage by the height.
"Carport" means a private garage not completely enclosed by walls or doors. For the purpose of this title, a carport shall be subject to all regulations prescribed for a private garage.
"Certificate of occupancy" means a certificate issued by the county 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.
"Class "A" beer outlet" means a place of business wherein beer is sold in original containers for off-premises consumption only in accordance with the Alcohol Beverage Control Act of Utah and the provisions of the licensing ordinance of Iron County.
"Class "B" beer outlet" means a place of business where beer is sold in original containers or in draft for on-premises consumption or off-premises consumption in accordance with the Alcohol Beverage Control Act of Utah and the provisions of the licensing ordinance of Iron County.
"Commission" means the county planning and zoning commission of Iron County.
"Common open space" means a parcel of land, an area of water or a combination of land and water within a site designed and intended primarily for the use or enjoyment of residents, occupants and owners within that development.
"Conditional use" means a use of land for which a conditional use permit is required pursuant to this title.
"Condominium ownership" means a building, or group of buildings, in which dwelling units, offices or floor area are owned individually, and the structure, common areas and facilities are owned by all the owners on an undivided basis.
"Conservation easement" means the grant of a property right stipulating that the described land will remain in a certain state and precluding future or additional development, unless use or development is specifically allowed by the terms of the conservation easement.
"Construction plan" means the maps or drawings accompanying an application which show the specific location and design specifications of improvements to be installed in accordance with the requirements of approval by the planning commission and board of county commissioners.
"Contiguous" means the touching or overlap of two or more use district boundaries or property lines.
"Corral" means a space, other than a building, used for the confinement of animals.
Critical Slope, Thirty Percent. "Critical slope" or "thirty percent slope" means an area where the rise or fall is equal to or exceeds thirty percent (1:3) over a horizontal distance of one hundred feet or greater.
"Digital infrastructure" is any electrical infrastructure, energy and fuel infrastructure, transmission and/or distribution infrastructure supporting data center development, including but not limited to, fiber optic cable conduit, fuel transmission and distribution infrastructure supportive of data centers and data center power plants.
"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, or successor law. As used in this definition:
1.
Physical or mental impairment includes:
a.
Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine;
b.
Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; or
c.
The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.
2.
For the purposes of this section, "major life activities" mean functions such as caring for one's self, performing manual task, walking, seeing, hearing, speaking, breathing, learning and working.
3.
For the purposes of this section, "has a record of such an impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
4.
"Is regarded as having an impairment" means:
a.
Has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by another person as constituting such a limitation;
b.
Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of other toward such impairment; or
c.
Has none of the impairments defined in this definition but is treated by another person as having such an impairment.
"Disposal" means 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 ground waters.
"Domestic staff" means persons employed or residing on the premises of a dwelling or other residential facility to perform domestic services or to assist residents in performing major life activities.
"Domicile" means any structure or portion thereof where an individual has a fixed permanent home and principal establishment to which the individual if absent, intends to return.
"Easement" means a right granted by a property owner permitting a designated part or interest of the property to be used by others for a specific use or purpose.
"Elderly person" means a person who is sixty years or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.
"Facility" means a structure or place which is built, installed or established to serve a particular purpose.
"Family" means one or more persons related by blood, marriage, adoption, or guardianship or a group of not more than four unrelated persons living together as a single nonprofit housekeeping unit, together with any incidental domestic staff who may or may not reside on the premises. Family does not exclude the care of foster children.
"Farm animal" means domestic animals, including fowl, exotic animals, or other animals so long as the animal is kept for the purpose of a farm product, for farm operation, or service to a human. "Farm animal" does not include animals used for research in a scientific laboratory, or specimens in a zoo, or wild or other animals in a rehabilitation facility.
"Foster child" means a child under eighteen years of age in the custody of the Utah Division of Child and Family Services and temporarily placed in a licensed foster care home as prescribed by Utah law.
"Frontage" means all property fronting on one side of the street, highway or private road.
Garage, Private. "Private garage" means an accessory building designed or used for the storage of not more than four automobiles owned and used by the occupants of the building to which it is accessory, provided that on a lot occupied by a multiple dwelling, the private garage may be designed and used for the storage of one and one-half times as many automobiles as there are dwelling units in the multiple dwelling. A garage shall be considered part of a dwelling, if the garage and the dwelling have a roof or wall in common.
"Geologic hazard" means a geologic condition which may pose a significant threat to persons or property.
"Grading" means any excavating, filling or combination thereof. Grading is regulated by the appendix chapter titled "Excavation And Grading" of the most current edition of the county's adopted building codes.
"Grazing" means the feeding of livestock or horses where more than fifty percent of the feed is produced on the immediate parcel and available to the animals as in-place vegetation to sustain life.
"Guest" means any transient person who occupies a room for sleeping purposes.
"Hazardous materials" mean the same as defined in the Utah Solid and Hazardous Waste Rules, Utah Administrative Code R315.
"Hazardous substances" mean the same as defined in the Utah Solid and Hazardous Waste Rules, Utah Administrative Code R315.
"Hazardous waste" means the same as defined in the Utah Solid and Hazardous Waste Rules, Utah Administrative Code R315.
"Horticultural" means having to do with the growing of fruits, vegetables, flowers or ornamental plants.
"Infectious waste" means a solid waste that contains or may be reasonably expected to contain pathogens of sufficient virulence and quantity that exposure to the waste by a susceptible host could result in an infectious disease.
"Inherently waste-like" means materials include those listed in 40 CFR 261.2 (c); UHWMR 450-2.1-1. and material that is ordinarily disposed of burned or incinerated or that contains toxic constituents which are not ordinarily found in raw materials or products for which the materials substitute and are not used or reused during the recycling process and which may pose a substantial hazard to human health and the environment when recycled.
"Importation" means the act or business of bringing in wastes, substances or materials from a county, state or country outside the boundaries of Iron County.
"Improvements" means street grading, street surfacing and paving, curb and gutters, street lights, street signs, sidewalks, crosswalks, water mains and lines, water meters, fire hydrants, sanitary sewers, storm drainage facilities, culverts, bridges, public utilities or other such installations designated by the planning commission or board of county commissioners.
"Intensity" means the concentration of activity, such as combination of the number of people, cars, visitors, customers, hours of operation, outdoor advertising, numbers of buildings, numbers of livestock, etc.
"Junk" means any old or scrap copper, brass, rope, rags, batteries, paper, trash, wood and rubber debris, waste, or junked, dismantled, or wrecked automobiles or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.
"Kitchen" means any room used for or intended to be used for cooking and preparing food.
"Loading and unloading space" means a permanently maintained space on the same lot as the principal building accessible to a street or alley and not less than ten feet in width, twenty feet in length, and fourteen feet in height.
"Lot" means a parcel of land occupied or to be occupied by a building or group of buildings, together with such yards, open spaces, lot width as are required by this title, and which has the minimum lot area, except as otherwise provided under Section 17.16.040, having frontage upon a street or upon a right-of-way not less than sixteen feet wide. Except for group dwellings and guest houses and dwellings associated with agricultural uses and lands, not more than one dwelling structure shall occupy any one lot.
"Lot area" means the area of a horizontal plane within the lot lines of a lot.
Lot, Corner. "Corner lot" means a lot abutting on two intersecting or intercepting streets where the interior angle of intersection or interception does not exceed one hundred thirty-five degrees.
"Lot, coverage" means the percentage of the area of a lot which is occupied by all buildings, other impervious surfaces or other covered structures.
"Lot, depth" means for lots having front and rear lot lines which are parallel, the shortest horizontal distance between such lines; for lots having front and rear lot lines which are not parallel, the shortest horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line; and for triangular shaped lots, the shortest horizontal distance between the front lot line and a line within the lot, parallel with and at a maximum distance from the front lot line having a length of not less than ten feet.
Lot, Interior. "Interior lot" means a lot other than a corner lot.
"Lot line" means any line bounding a lot.
Lot Line, Front. "Front lot line" means the boundary of a lot which separates the lot from the street; and in the case of the corner lot, the front lot line is the shorter of the two lot lines separating the lot from the street, except that where these lot lines are equal or within fifteen feet of being equal, either lot line may be designated the front lot line, but not both.
Lot Line, Rear. "Rear lot line" means the boundary of a lot which is most distant from, and is, or is most nearly, parallel with the front lot line; except that in the absence of a rear lot line, as is the case of the triangular-shaped lot, the rear lot line may be considered as a line within the lot parallel with and at a maximum distance from the front lot line having a length of not less than ten feet.
Lot Line, Side. "Side lot line" means the boundary of a lot which is not a front lot line or a rear lot line.
"Lot of record" means a lot which is part of a subdivision, the plat of which has been recorded in the office of the county recorder of Iron County; or a lot, parcel or tract of land, the deed of which has been recorded in the office of the county recorder of Iron County.
Lot, Through. "Through lot" means a lot having a pair of opposite lines abutting two streets and which is not a corner lot. On such lots, both lot lines are front lot lines.
"Lot width" means for rectangular lots, lots having side lot lines not parallel and lots on the outside of the curve of a street, the distance between side lot lines measured at the required minimum front yard line on a line parallel with the street or long chord; and for lots on the inside of the curve of a street, the distance between side lot lines measured thirty feet behind the required minimum front yard line on a line parallel with the street or long chord.
"Manufactured home" means a transportable, factory-built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, and when erected on site, the home must be at least:
1.
Twelve feet in width at the narrowest dimension, if greater than 500 square feet, and
2.
Eight feet in width at the narrowest dimension, if equal or less than five hundred square feet, and
have exterior and roofing materials acceptable to the county's building codes, have a minimum roof pitch of 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 Iron 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.
"Market garden" means food crops, plant fiber, ornamentals, or other plants grown to be sold for profit.
"Mobile home" means a transportable, factory-built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code). The following are excluded from this definition:
1.
Travel trailers, motor homes, camping trailers, or other recreational vehicles; and
2.
Manufactured home.
"Mobile home park" means any plot of ground upon which three or more mobile homes occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodation.
"Mobile home space" means a plot of ground within a mobile home park or travel trailer park designed for the accommodation of one mobile home or travel trailer together with its accessory structures including carports or other off-street parking areas, storage lockers, patios, patio covers, awnings and similar appurtenances.
Name Plates and Signs: "Name plates and signs" means and includes:
1.
One name plate for each dwelling unit, not exceeding two square feet in area, indicating the name of the occupant or a permitted home occupation;
2.
One sign board not exceeding eight square feet in area appertaining to the lease or sale of the property or the sale of products produced on the property or warning against trespassing;
3.
One bulletin board not exceeding eight square feet in area for a church or other institution for the purpose of displaying the name and character of services or other activities conducted therein;
4.
One identification sign not exceeding eight square feet in area for buildings other than dwellings;
5.
All such bulletin boards and identification signs shall be attached to and parallel with the front wall of the building. If any name plate, bulletin board or sign is illuminated, indirect lighting only shall be used; no flashing or intermittent illumination shall be employed.
"Natural waterways" means those areas varying in width along streams, creeks, gullies, springs, faults or washes which are natural drainage channels as determined by the zoning administrator and in which areas no buildings shall be constructed.
"Nonconforming building or structure" means a building or structure or portion thereof lawfully existing at the time this Title 17 became effective which does not conform to all the height, area and yard regulations herein prescribed in the zone in which it is located.
"Nonconforming use" means the lawful use of any building, lot, parcel or tract of land existing at the time this Title 17, or amendments thereto, become effective which does not conform with the use regulations of the zoning district in which it is located.
"Nuisance" means 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-street parking" means an area adjoining a building providing for the parking of automobiles which does not include a public street but has convenient access to it.
"Parking lot" means an open area, other than a street, used for parking of more than four automobiles and available for public use, whether free, for compensation or as an accommodation for clients or customers.
"Parking space" means a permanently surfaced area, enclosed or unenclosed, of not less than eight feet six inches in width and having an area of not less than one hundred eighty square feet, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.
"Permanent farm worker" means a farm worker whose primary source of income comes from farm work and who is compensated for that farm work by a constant year-round salary or wage. This definition does not include seasonal farm workers or migrant farm workers.
"Permitted use" means a use of land for which no conditional use permit is required.
"Primary dwelling" means a single-family dwelling that is detached and is occupied as the primary residence of the owner of record.
"Principal use" means the primary purpose or function for which a parcel is used.
"Public improvement" means any publicly owned and maintained drainage ditch, roadway, street, parkway, sidewalk, pedestrian way, landscaping, off-street parking area or other facility or amenity.
"Quasi-public use" means a use operated by a private nonprofit, educational, religious, recreational, charitable or philanthropic institution, such use having the purpose primarily of serving the general public, such as churches, private schools and universities and similar uses.
"Reasonable accommodation" means 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 that will not undermine the legitimate purposes of existing zoning 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.
"Recyclable materials" mean reusable materials, including but not limited to metals, glass, plastic, wood, and paper which are intended for remanufacturing or reconstitution. Recyclable materials do not include junk, rubbish, refuse or hazardous waste.
"Residence" means any structure or portion thereof where an individual is actually living at a given point and time, which is not a place of temporary abiding such as a hotel.
"Right-of-way" means land occupied or intended to be occupied by a public or private trail, road or other public transportation use or railroad, electric transmission line or other utility uses.
"Road" means a public or private thoroughfare which affords a means of access to abutting property.
"Setback" means the required minimum distance between the building and the related front, side or rear lot line.
"Sign" means 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 built home" means a housing unit constructed at a site in accordance with the building codes of Iron County.
"Solar access" means the ability to receive sunlight across real property for any solar energy device.
"Solar energy device" means a device which converts the sun's radiant energy into thermal, chemical, mechanical or electric energy.
"Solid waste" (as per Utah Code Annotated Section 19-6-102(16)) means any garbage, refuse, sludge, including sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining or agricultural operations and from community activities but does not include solid or dissolved materials in domestic sewage or in irrigation return flows or discharges for which a permit is required under Title 19, Chapter 5, Water Quality Act, or under the Water Pollution Control Act, 33 U.S.C. Section 1251 et seq.
"Solid waste" does not include any of the following wastes, unless the waste causes a public nuisance or public health hazard or is otherwise determined to be a hazardous waste:
1.
Certain large volume wastes, such as inert construction debris used as fill material;
2.
Drilling muds, produced waters and other wastes associated with the exploration, development or production of oil, gas or geothermal energy;
3.
Fly ash waste, bottom ash waste, slag waste and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels;
4.
Solid wastes from the extraction, beneficiation and processing of ores and minerals; or
5.
Cement kiln dust.
A solid waste is considered a hazardous waste if it is listed as hazardous or if it exhibits any one of the hazardous characteristics set forth hereafter. "Hazardous waste" (as per Utah Code Annotated Section 19-6-102(9)) means a solid waste or combination of solid wastes which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
"State store" means an outlet for the sale of liquor located on premises owned or leased by the state of Utah.
"Storage" means the actual or intended containment of solid or hazardous waste either on a temporary basis or for a period of years in such a manner as not to constitute disposal of such waste.
"Story" means that portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the surface of such floor and the ceiling or roof above it.
"Street line" means the boundary which separates the right-of-way of a street from the abutting property.
"Street" means a thoroughfare which has been dedicated or abandoned to the public and accepted by proper public authority, or a thoroughfare which has been made public by right of use and which affords the principal means of access to abutting property.
"Structural alteration" means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any rebuilding of the roof or exterior walls.
"Structure" means anything constructed or erected which requires location on the ground or attached to something having location on the ground, but not including tents, vehicles, travel trailers or mobile homes.
"Subdivision" means the division of a tract or a lot or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose of sale or of building development, including associations, corporations or any circumstance of joint tenancy or tenants in common, provided that this definition shall not include a bona fide division of agricultural purposes, nor shall this definition apply to the sale or conveyance of any parcel of land which may be shown as one of the lots of a subdivision of which a plat has theretofore been recorded in the office of the county recorder.
"Substantial modification" means a change which significantly alters the impacts and/or character of a structure, development or use.
"Townhouse" means an attached, privately owned single-family dwelling unit which is a part of, and adjacent to, other similarly owned single-family dwelling units that are connected to but separated from one another by a common party wall having no doors, windows, or other provisions for human passage or visibility.
"Townhouse block" means a group of lots occupied or to be occupied by a townhouse building containing no less than four and no more than eight lots, each with a connected dwelling unit together with such yards, open spaces, parking areas, and size required by this title, having frontage upon a county accepted and maintained street or right-of-way.
"Townhouse building" means a grouping of townhouse units containing no less than four or more than eight townhouse dwelling units contiguous to one another.
"Townhouse cluster" means a cluster or grouping of townhouse lots and buildings containing no less than four or more than thirty-two townhouse dwelling units separated by a distance designate in this title from another townhouse cluster.
"Townhouse lot" means a properly recorded and deeded subdivision lot upon which a townhouse unit is planned or found.
"Treatment" means a method, technique, or process designed to change the physical, chemical, or biological character or composition of any solid or hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable to storage or reduced in volume.
"Travel trailer" means a mobile home not exceeding eight feet in width nor thirty-three feet in length.
"Treatment" means a method, technique, or process designed to change the physical, chemical, or biological character or composition of any solid or hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable to storage or reduced in volume.
"Use" means the purpose or purposes for which land or a building is occupied, maintained, arranged, designed or intended.
"Utah Farming Assessment Act" means adopted Utah Code and authorized in Iron County, Utah, for general property tax purposes, land that may be assessed on the basis of the value that the land has for agricultural use if the land qualifies under Section 59-2-1703 UCA. "Urban farming" as defined in the Urban Farming Assessment Act (59-2-17 UCA), means cultivating food, or other marketable crop, with a reasonable expectation of profit from the sale of the food, or other marketable crop, and from irrigated land, located in a county that has adopted an ordinance governing urban farming in the county, pursuant to Section 59-2-1714. "Urban farming" does not include cultivating food derived from an animal, or grazing.
"Yard" means the open space at grade level between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except as otherwise provided in this title. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the principal building is to be used; however, on any lot wherein a setback line has been established by the regulations of this title for any street abutting the lot, such measurement is to be taken from the principal building to the setback line.
Yard, Front. "Front yard" means a yard extending across the front width of a lot and being the minimum horizontal distance between the street line and the principal building or any projection thereof other than steps, unenclosed balconies and unenclosed porches. The front yard of a corner lot is the yard adjacent to the designated front lot line.
Yard, Rear. "Rear yard" means a yard extending between the side yards of a lot, or between the side lot lines in the absence of side yards, and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projection thereof, other than steps, unenclosed balconies or unenclosed porches. On corner lots and interior lots, the rear yard is in all cases at the opposite end of the lot from the front yard.
Yard, Required. "Required yard" means the minimum open space as specified by the regulations of this title for front, rear and side yards as distinguished from any yard area in excess of the minimum required.
Yard, Side. "Side yard" means a yard between the building and the side lot and extending from the front yard to the rear lot line as defined or along the full depth in absence of front and rear yards and being the minimum horizontal distance between a side lot line and the side of the principal building or any projection thereof other than steps, unenclosed balconies or unenclosed porches. An "interior side yard" is defined as the side yard adjacent to a common lot line.
"Zoning district" means any portion of the unincorporated area of Iron County in which the same zoning regulations apply.
(Ord. 196 § 4, 2004; Ord. 186 § 1, 2003; Ord. 158 § 1 (part), 1998)
(Ord. No. 2011-6, § 1(Exh. A, I), 10-24-2011; Ord. No. 2013-2, § 3, 5-16-2013; Ord. No. 2019-8, § 1, 11-12-2019; Ord. No. 2021-3, § 6, 4-12-2021; Ord. No. 2021-6, § 3, 6-28-2021; Ord. No. 2022-1, § 3, 1-10-2022; Ord. No. 2024-4, § 2, 6-10-2024; Ord. No. 2025-5, § 4, 4-14-2025)