This chapter provides definitions of general terms used throughout this title for which a definition is considered necessary. The word "herein" means "in this title"; 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". For the convenience of users of this title, certain terms may be illustrated herein. If a conflict arises between an illustration and a definition, the definition shall apply. (Ord. 2005-13, 2005)

Words not defined herein shall have a meaning consistent with "Webster's New Collegiate Dictionary", latest edition.

ABANDON/ABANDONED: A use that has been discontinued for a minimum period of one year, or a building, structure, sign or other object that remains vacant or unused for a minimum period of one year.

ABANDONMENT: Any act that results to abandon.

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

ACCESSORY BUILDING: A building incidental and clearly subordinate to the primary building.

ACCESSORY USE: A use that is customarily incidental and subordinate to the primary use located on the same lot.

ACT: The municipal land use, development, and management act, as provided by Utah Code Annotated title 10, chapter 9a, as amended.

ACTIVE OR VALID BUILDING PERMIT: A building permit that has not expired.

ADJACENT PROPERTY/ADJACENT LANDOWNERS: A lot or parcel of property, or the owner of record of such, according to the records of the Washington County recorder that has a common boundary line with a lot or parcel of property that is the subject of some action before the city.

AFFECTED ENTITY: A county, municipality, independent special district under Utah Code Annotated title 17A, chapter 2, independent special districts, local district under Utah Code Annotated title 17B, chapter 2, local districts, school district, interlocal cooperation entity established under Utah Code Annotated title 11, chapter 13, interlocal cooperation act, specified public utility, or the Utah department of transportation, if:

   (1)   The entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;

   (2)   The entity has filed with the municipality a copy of the entity's general or long range plan; or

   (3)   The entity's boundaries or facilities are within one mile of land that is the subject of a general plan amendment or land use ordinance change.

AGENT: The person with written authorization to represent a property owner.

ALCOHOLIC BEVERAGES: Means and includes "beer" and "liquor", as defined in the state of Utah alcoholic beverage control act, as amended.

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

ANTENNA: A transmitting or receiving device used in telecommunications that radiates or captures radio signals.

ANTENNA, ROOF MOUNTED: Antennas mounted on a roof or roof mounted structure of a building.

ANTENNA, STEALTH DESIGN: An antenna and/or antenna mounting system designed to be virtually unseen as the result of design, color schemes, screening and/or disguising.

ANTENNA, WALL MOUNTED: Antennas mounted against the vertical wall of a building.

APPEAL AUTHORITY: The city's administrative law judge as provided by chapter 30 of this title.

APPLICANT: Any person presenting a land use application for any approval, permit or license required by a land use ordinance.

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 lacks the payment of all applicable fees.

APPLICATION/LAND USE APPLICATION: Written requests for an approval, permit or license and completed in a manner prescribed by this title for review and decision by a land use authority.

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.

AWNING: A roofed structure placed to extend outward from the building providing a protective shield for doors, windows and other openings supported by the building or other supports.

BASE DISTRICT: A zoning district that establishes regulations governing land use and site development in a specific geographic area.

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

BAY WINDOW: A window or series of windows forming a recess or bay from a room and projecting outward from the wall.

BEER: All products that contain sixty three one-hundredths of one percent (0.63%) of alcohol by volume or one-half of one percent (0.5%) of alcohol by weight, but not more than four percent (4%) of alcohol by volume or three and two-tenths percent (3.2%) by weight, and are obtained by fermentation, infusion or decoction of any malted grain. Beer may or may not contain hops or other vegetable products. "Beer" includes products referred to as malt liquor, malted beverages or malt coolers.

BERM: A mound of earth used as a site feature, or to shield, screen and buffer uses, undesirable views and to separate land uses.

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 sign located on industrial, commercial or residential property and 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. See also definition of Sign, Off Premises.

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 title.

BUILDING: Any structure, whether permanent or temporary, which is designed, intended or used for occupancy by any person, business, animals, possessions, or for storage of property or materials of any kind.

BUILDING CODE: The international building code, as adopted by the city.

BUILDING DIVISION/BUILDING DEPARTMENT: The building department of Ivins City, Utah.

BUILDING FACADE: That portion of an exterior elevation of a building extending from the finished 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 abutting a street, a parking area, or other circulation area open to the public.

BUILDING HEIGHT: The vertical distance from the natural or finished grade, whichever is lower, to the highest point of the building or structure.

BUILDING LINE: The line circumscribing the buildable area of a lot.

BUILDING LINE, FRONT: A line parallel to the front lot line and at a distance therefrom 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 therefrom 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 therefrom equal to the required depth of the side yard setback and extending between the front and rear building lines.

BUILDING OFFICIAL: The person charged with the administration and enforcement of the building code of Ivins City, or designee.

BUILDING PERMIT: A permit authorizing a construction activity.

BUSINESS: Means and includes all trades, occupations, professions or activities carried on within the city for the purpose of gain or economic profit.

BUSINESS LICENSE DIVISION: The business license division of Ivins City, Utah.

CANOPY: A roofed structure constructed and provided as a protective shield for a facility such as gas pump islands.

CARPORT: Roofed structures open on at least two (2) sides and subject to all requirements prescribed for a 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: The Ivins City manager.

CITY ENGINEER: A registered civil engineer so appointed by the city.

CITY MANAGER: The duly appointed city manager of Ivins City, Utah.

CLEAR VIEW AREA: Areas at intersecting streets and driveways where unobstructed vision is maintained, as required by this title.

CLOSURE (DRINKING WATER SOURCE PROTECTION ORDINANCE): The cessation of operation of a facility, or any portion thereof, and the act of securing such facility or portion thereof, to ensure protection of ground water in accordance with federal, state and local regulations applicable to the specific facility.

CLUSTER DEVELOPMENT: A design that locates buildings in specific areas of 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 Ivins City municipal code, as adopted.

COMMISSION: The planning commission of Ivins City, Utah.

COMMON AREA: Facilities and yards under common ownership.

COMMON OWNERSHIP: Ownership of the same property by different persons.

CONDITIONAL USE: A land use that, because of its unique characteristics or potential impact on the municipality, surrounding neighbors or adjacent land uses, may not be compatible in some areas, or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. For the purposes of this title, conditional uses include class IV and class V uses.

CONSTITUTIONAL TAKING: A governmental action that results in a taking of private property so that compensation to the owner of the property is required by the:

   (1)   Fifth or fourteenth amendment of the constitution of the United States; or

   (2)   Utah constitution article I, section 22.

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

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

CORRAL: A space, yard or other unenclosed area, other than a building, used for the confinement of animals.

COUNCIL: The city council of Ivins City, Utah.

COUNTY: The unincorporated area of Washington County, Utah, or the board of county commissioners of Washington County, Utah.

COURT: An open area, other than a yard, on the same lot with a building or buildings, which is bounded on two (2) or more sides by the walls of such building or buildings.

CUL-DE-SAC: A street with only one outlet and an area for the safe and convenient turning around of traffic.

CULINARY WATER AUTHORITY: 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 of the ground, or the depth or the volume of such material removal.

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 state of Utah condominium ownership act, or a declaration of covenants, conditions and restrictions.

DEDICATION: The setting aside of land by an owner for any public use for the enjoyment of the public and owned by a public agency.

DEMOLISH OR DEMOLITION: Any act or process that destroys in part or in whole a building or structure.

DENSITY: The intensity or number of nonresidential and residential uses expressed in terms of unit equivalents per acre or lot or units per acre.

DENSITY, BASE: The number of dwelling units per acre allowed by a zoning district.

DENSITY, INCENTIVE: The number of additional dwelling units per acre allowed in addition to the base density.

DEVELOPER: Any person or organization that develops, or intends to develop or sell property for the purpose of future development subject to the provisions of this title, or other land use ordinances.

DEVELOPMENT ACTIVITY: Any of the following:

   (1)   Any manmade change to improved or unimproved lands, including, but not limited to, buildings or structures, mining, dredging, filling, grading, paving, excavation or drilling operations;

   (2)   Any construction, reconstruction or expansion of a building, structure or use;

   (3)   Any change in the use of a building or structure;

   (4)   Any change in the use of land that creates additional demand and need for public facilities or services;

   (5)   The act of subdividing; or

   (6)   The act, process or result of developing.

DEVELOPMENT AGREEMENT: A contract between an applicant or owner and the city council pursuant to the provisions in this title.

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

DEVELOPMENT STANDARDS: Established regulations concerning lot areas, yard setbacks, building height, lot coverage, open space and any other special regulations deemed necessary to accomplish the purpose of this title or other land use ordinances.

DISABILITY: 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 impairment or being regarded as having such impairment 1 . "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 USC 802 2 . "Disability" does not include placement in lieu of confinement, rehabilitation or treatment in a correctional facility.

DRINKING WATER SOURCE PROTECTION ZONE: An area within which certain practices are mandated to protect ground water flowing to public drinking water wells.

DRINKING WATER SUPPLY SPRING: A drinking water spring that supplies water that has been permitted or intended for consumptive use.

DRINKING WATER SUPPLY WELL: A drinking water well that supplies water that has been permitted or intended for consumptive use.

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 or more rooms and one kitchen, and including areas for living and sleeping, designed to be used for human occupancy, and complying with all provisions of the building code. The definition of a "dwelling unit" shall also include "dwelling unit, manufactured" as defined in this section.

DWELLING UNIT, MANUFACTURED:

   (1)   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, which, in the traveling mode, is eight feet (8') or more in width or forty feet (40') 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.

   (2)   To meet the requirements of this title and state laws, when erected on the site, the home must be at least twenty four feet (24') in width at the narrowest dimension, have exterior and roofing materials acceptable to the building code, as adopted by Ivins City, have a minimum roof pitch of two to twelve (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 building code. All appendages, including carports, garages, storage buildings, additions or alterations, must be built in compliance with the 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 Washington County.

EPA: The United States environmental protection agency.

EASEMENT: That portion of a lot, parcel or tract reserved for present or future use by a person or agency other than the fee owner of the property. The easement may be for use under, on or above said lot, parcel or tract.

ELDERLY PERSON: 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.

ESCROW: A deposit of cash with the city, or approved alternate in lieu of cash, held to ensure the performance of a task or a maintenance guarantee.

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

EXTERNAL ILLUMINATION: Lighting that illuminates a building or structure, parking area or other outside area from a location outside of the building or structure.

FAMILY: A person living alone, or any of the following groups living together as a single 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 (2) 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 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, OPEN: A fence which permits vision through more than fifty percent (50%) of each square foot more than eight inches (8") above the natural or finished grade.

FENCE, SIGHT OBSCURING: A fence which permits no vision (zero percent) through any part of the fence more than eight inches (8") above the natural or finished grade.

FILL: The process of raising the natural grade of the ground, or the depth or the volume of such material.

FIRE DEPARTMENT: The Ivins 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 INSURANCE RATE MAP (FIRM): An official map of a community on which the United States federal emergency management agency has delineated areas of flood hazard.

FLOOD INSURANCE STUDY: The official report provided by the United States federal emergency management agency that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:

   (1)   The overflow of inland waters, including streams, creeks and rivers; and/or

   (2)   The unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN, 100-YEAR: An area where a peak flow magnitude has about a one percent (1%) chance of being equaled or exceeded in any year. The area 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 one hundred (100) years.

FLOOR AREA (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 (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 RATIO: The total gross floor area of a building divided by the area of the lot on which it is located.

FLOOR AREA (TOTAL): The sum of the gross floor area of all floors of a building and its accessory buildings located on the same lot. All dimensions shall be measured from the exterior faces of the exterior walls.

FOOT-CANDLE: A unit for measuring the amount of illumination on a surface.

FOOT-CANDLE, AVERAGE (AFC): The level of light measured at an average point of illumination between the brightest and darkest areas, at the ground surface and four feet (4') above the ground surface.

FOOT-CANDLE, HORIZONTAL (HFC): A unit of illumination produced on a horizontal surface, all points of which are one foot (1') from a uniform point source of one candle.

FOOT-CANDLE, VERTICAL (VFC): A unit of illumination produced on a vertical surface, all points of which are one foot (1') from a uniform point source of one candle.

FRONTAGE: All the property fronting on one side of the street between intersecting or intercepting streets, measured along the street line.

GARAGE: An accessory building used for the storage of motor vehicles.

GENERAL PLAN: The Ivins City general plan, as adopted.

GEOLOGIC HAZARD: A hazard inherent in the crust of the earth, or artificially created, which is dangerous, or potentially dangerous to life, property or improvements, due to the movement, subsidence or shifting of the earth. The term includes, but is not limited to, unstable slopes, faults, landslides and rock falls.

GRADE, FINISHED: The finished elevation of the surface of the land after the completion of any development activity or other excavation.

GRADE, NATURAL: The elevation of the surface of the land prior to any development activity or excavation.

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

GROUND WATER: Any water that may be drawn from the ground.

GROUND WATER DISCHARGE AREA: An area where the direction of ground water movement is upward from the principal aquifer to the shallow unconfined aquifer.

GRUBBING: The removal or destruction of vegetation, including disturbance to the root system or soil surface by mechanical, chemical or other means.

GUARANTEE: Any form of security, including cash, a letter of credit, or an escrow agreement in an amount and form satisfactory to the City.

HARD SURFACED: Covered with concrete, brick, asphalt or other impervious material.

HAZARDOUS WASTE: A material as defined by the United States Environmental Protection Agency.

HEALTH DEPARTMENT: The Washington County Health Department.

HOLIDAY DECORATIONS: Displays of a primarily decorative nature commonly associated with any national, local or religious holiday.

HOME BASED BUSINESS: A commercial or other nonresidential use conducted within a dwelling unit that is incidental to the primary use of the dwelling unit.

IDENTICAL PLANS: Building plans submitted to Ivins City that are substantially identical to building plans that were previously submitted to and reviewed and approved by the Ivins City Building Department and describe a building that is:

   (1)   Located on land zoned the same as the land on which the building described in the previously approved plans is located; and

   (2)   Subject to the same geological and meteorological conditions and the same law as the building described in the previously approved plans.

INDIVIDUAL SOLAR PHOTOVOLTAIC SYSTEM: An onsite solar power generation system that backfeeds a primary structure either a commercial or a residential use. Excess electricity produced can be distributed to the utility grid.

ILLEGAL BUILDING/STRUCTURE: A building or structure, or portion thereof, established without securing the necessary approvals, permits or licenses, as required by this title, the adopted Building Code, or their prior enactments.

ILLEGAL LOT: A lot created that has not received the necessary approvals, permits or licenses, as required by the City land use ordinances.

ILLEGAL USE: A use established without receiving the necessary approvals, permits or licenses, as required by the City land use ordinances.

IMPACT ANALYSIS: A determination of the potential effects, including, but not limited to, environmental, fiscal, social matters, etc., upon the City or a section of the City.

IMPERVIOUS MATERIAL OR SURFACE: Material that is impenetrable by water.

IMPROVEMENTS: Curbs, gutters, streets, roads, sidewalks, utilities, grading, paving, landscaping, water and sewer systems, drainage systems, fences, fire hydrants, streetlights, parks, public facilities, amenities and other such requirements of this title.

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

INTERNAL ILLUMINATION: Lighting by means of a light source that is located within a building structure, or other object, including a sign, or portions or letters of a sign.

LAND USE: The manner in which land is occupied or used.

LAND USE APPLICATION: All applications required by this title, and the city's other land use ordinances, required to initiate the review procedures for any required approval, license or permit by a land use authority.

LAND USE APPROVAL: Any authorization received from a land use authority that permits the commencement of a development activity.

LAND USE AUTHORITY: Means a person, board, commission, agency or other body designated by the city council to act on a land use application.

LAND USE ORDINANCE: A planning, zoning, development or subdivision ordinance of Ivins City, including this title, but does not include the Ivins City general plan.

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 when authorized by a land use authority.

LATTICE TOWER: A self-supporting, multiple sided, open steel frame structure used to support telecommunications equipment.

LEGAL BUILDING/STRUCTURE: A building or structure, or portion thereof, established after receiving the necessary approvals, permits or licenses, as required by the land use ordinances and complying with the requirements of the land use ordinances and building code.

LEGAL LOT OF RECORD: Any lot, parcel or tract of land that existed, as recorded in the office of the Washington County recorder, with a separate property identification number as provided by the office of the Washington County recorder and office of the Washington County assessor, prior to the date of the adoption of the first Ivins City subdivision ordinance, and all lots, parcels and tracts of land that were legally created pursuant to the subdivision requirements of the city's land use ordinances and the laws of the state of Utah after the date of the adoption of the first Ivins City subdivision ordinance.

LEGAL USE: A use complying with the requirements of this title.

LEGISLATIVE BODY: The city council of Ivins, Utah.

LICENSED PREMISES: Any room, house, building, structure or place occupied by any person licensed to sell alcoholic beverages.

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 point of lumination that emits a measurable radiant energy in or near the visible spectrum.

LIMITS OF DISTURBANCE: The area of a lot, parcel or tract of land in which all development activity or construction must be contained, including all impervious surfaces, buildings, structures, parking areas, driveways, etc.

LIQUOR: Alcohol, or any alcoholic, spirituous, vinous, fermented, malt or other liquid, or combination of liquids, a part of which is spirituous, vinous or fermented, and all other drinks or drinkable liquids containing more than one- half of one percent (0.5%) of alcohol by volume and is suitable to use for beverage purposes. "Liquor" does not include "beer", as defined by the laws of the state of Utah.

LOT: A parcel of land occupied or proposed to be occupied by a building or structure, together with such yards, open spaces, lot width and lot area as are required by this title.

LOT AREA: The total land area of a lot, parcel or tract of land.

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 COVERAGE: The total horizontal area of a lot, parcel or tract of land covered by any impervious surface, including buildings, structures, parking areas, driveways, etc.

LOT DEPTH: The horizontal distance from a front lot line to a rear lot line.

LOT, DOUBLE FRONTAGE: A lot abutting two (2) parallel or approximately parallel streets.

LOT, ILLEGAL: A lot that has not received the necessary approvals, permits or licenses, as required by the city land use ordinances and state laws, or their prior enactments.

LOT, INTERIOR: A lot, parcel or tract of land, 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 lot that has received the necessary approvals, permits or licenses, as required by the city land use ordinances, or their prior enactments.

LOT LINE: A line bounding a lot, parcel or tract of land that divides one lot, parcel or tract from another, or from a street. See also definition of Property Line.

LOT LINE ADJUSTMENT: The relocation of the lot line or property boundary line in a subdivision between two (2) adjoining lots with the consent and agreement of the owners of record.

LOT LINE, FRONT: A lot line separating a lot from an existing street right of way or, where a new street is proposed, the proposed street right of way line.

LOT LINE, REAR: The lot line generally opposite and most distant from the front lot line.

LOT LINE, SIDE: Any lot line that is not a front lot line or rear lot line. A side lot line separating one lot from another is an interior side lot line.

LOT, NONCOMPLYING (ILLEGAL): A lot, parcel or tract of land that: a) was created without receiving the necessary approvals, permits or licenses as required by the city land use ordinances and state laws, and their prior enactments; and b) does not conform with the requirements of the zoning district in which the lot, parcel or tract is located.

LOT, NONCOMPLYING (LEGAL): A lot, parcel or tract of land that: a) legally existed before its current zoning designation; and b) has been shown as a separate lot, parcel or tract continuously on the records of the Washington County recorder as an independent parcel since the time the zoning requirements governing the lot, parcel or tract changed; and c) because of subsequent zoning changes does not now conform with the requirements of the zoning district in which the lot, parcel or tract is located.

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 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.

LUMINAIRE: A lighting unit consisting of a light source and all necessary mechanical, electrical, decorative, light shielding and hooded parts.

LUMINAIRE, CUTOFF TYPE: A luminaire with shields, reflectors, refractors or other such elements that direct and cut off emitted light.

LUMINAIRE, SHIELDED, FULLY: Luminaires that are constructed so that no light rays are emitted at angles above the horizontal plane, as certified by a photometric test report.

LUMINAIRE, SHIELDED, PARTIALLY: Luminaires that are constructed so that no more than ten percent (10%) of the light rays are emitted at angles above the horizontal plane, as certified by a photometric test report.

MIXED USE: The location and arrangement of a combination of compatible residential and nonresidential uses on the same lot or within the same building, and complying with the requirements of this title.

MODERATE INCOME HOUSING: Housing occupied or reserved for occupancy by households with a gross household income equal to or less than eighty percent (80%) of the median gross income for households of the same size in Washington County.

MODERATE INCOME HOUSING PLAN: A written document conforming to the requirements of the act.

MONOPOLE, WITH ANTENNAS AND ANTENNA SUPPORT STRUCTURE: A self- supporting single monopole tower on which antennas or an antenna structure are placed.

MONUMENT: A permanent survey marker established by the Washington County surveyor and/or a survey marker set in accordance with the city engineer's specifications and referenced to Washington County survey monuments.

MOTOR HOME: A unit primarily designed as a temporary dwelling for 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 caravan.

MUNICIPALITY: The city of Ivins City, Utah, or other incorporated area.

NATURAL FEATURES: Nonmanmade land characteristics, including, but not limited to, slopes, wetlands, streams, rock outcropping, lava fields, intermittent drainage channels and vegetation.

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 manmade plantings.

NATURAL WATERWAYS: Those areas, varying in width, along the course of a permanent or intermittent river, stream, creek or gully.

NOMINAL FEE: A fee that reasonably reimburses the city only for time spent and expenses incurred in:

   (1)   Verifying that building plans are identical plans; and

   (2)   Reviewing and approving those minor aspects of identical plans that differ from the previously reviewed and approved building plans.

NONCOMBUSTIBLE 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.

NONCOMPLYING STRUCTURE: A structure that:

   (1)   Legally existed before its current land use designation; and

   (2)   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: A use of land that:

   (1)   Legally existed before its current land use designation;

   (2)   Has been maintained continuously since the time the land use ordinance governing the land changed; and

   (3)   Because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land.

NONRESIDENTIAL USES: The uses identified in the tables of uses, nonresidential zoning districts.

NONRESIDENTIAL ZONING DISTRICT/NONRESIDENTIAL ZONES: The commercial districts and industrial districts.

OFF STREET: Entirely outside of any city right of way, street, access easement or any private access drives.

OFFICIAL MAP: A map adopted by the city council and recorded in the Washington County recorder's office that:

   (1)   Shows actual and proposed rights of way, centerline alignments and setbacks for highways and other transportation facilities;

   (2)   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

   (3)   Has been adopted as an element of the Ivins City general plan.

OFFICIAL ZONING MAP/ZONING DISTRICTS MAP: The map adopted by the city council showing the geographic location of zoning districts.

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.

OVERLAY DISTRICT: A zoning district, with its accompanying requirements, that is applied to an area that may place additional development standards on a zoning district. Development in an overlay district must conform to the base district as well as the overlay zoning requirements.

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

PARCEL OF LAND: An area of land, with a separate property identification number, as provided by the office of the Washington County recorder.

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 the edge of asphalt or curb and the sidewalk, trail or property line.

PARKING AREA/PARKING LOT: An enclosed or unenclosed area, other than a street, and used or designed for the parking of four (4) or more vehicles.

PARKING SPACE: An enclosed or unenclosed area used for parking or storage of one automobile.

PATIO COVER/RESIDENTIAL PATIO COVER: A structure, not exceeding twelve feet (12') in height, and that is entirely open on two (2) or more sides. Patio covers may be attached or detached and shall be reviewed and approved as an accessory use. Patio covers shall only be used for recreational and outdoor living purposes, and not as carports, garages, storage areas or as habitable space.

PERMITTED USE: For the purposes of this title, shall include class II and class III uses.

PERSON: An individual, corporation, partnership, organization, association, trust, governmental agency or any other legal entity.

PERVIOUS MATERIAL OR SURFACE: Material that is penetrable by water.

PLANNING COMMISSION: The planning commission of Ivins City, Utah.

PLAT: A map or other graphical representation of lands being laid out and prepared in accordance with the act.

PLAT, FINAL: A drawing prepared in accordance with the land use ordinances showing the final design of a land division and complying with all standards and requirements of best surveying practice and in a form required by the Washington County recorder's office for recordation.

PLAT, PRELIMINARY: A drawing prepared in accordance with the land use ordinances showing the design of a proposed land division.

PRIMARY BUILDING: The principal building located on a lot, parcel or tract of land and designed or used to accommodate the primary use.

PRIMARY USE: The principal purpose for which a lot, parcel, tract or building is designed, arranged or intended, or for which it is occupied or maintained.

PRIVATE DRIVE: A nondedicated thoroughfare used exclusively for private access to a lot, parcel or tract of land.

PROPERTY: Any lot, parcel or tract of land, including improvements thereon, and recorded as real property in the office of the Washington County recorder.

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

PROTECTION ZONE: The delineation zones of the drinking water source protection overlay zone.

PUBLIC: That which is under the ownership or control of the United States government, Utah state or any subdivision thereof, Washington County or Ivins City (or any departments or agencies thereof).

PUBLIC HEARING: A hearing at which citizens of the city and members of 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: A meeting that is required to be open to the public under Utah Code Annotated title 52, chapter 4, open and public meetings.

QUALIFIED PROFESSIONAL: A professionally trained person with the requisite academic degree, experience and professional certification or license in the field or fields relating to the matter being studied or analyzed.

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 nondisabled person.

RECORD OF SURVEY MAP: A map of a survey of land prepared in accordance with the laws of the state of Utah.

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, 1974, as amended.

RECREATIONAL VEHICLE: A vehicular unit primarily designed for 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, boat, a fifth wheel trailer and a caravan.

RESIDENCE: A dwelling unit or other place where an individual or family is 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 or structure for residential purposes.

RESIDENTIAL FACILITY FOR ELDERLY PERSONS: A single-family or multiple-family dwelling unit that meets the requirements of the act.

RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY: A residence:

   (1)   In which more than one person with a disability resides; and

   (2)   Is licensed or certified by the department of human services under Utah Code Annotated title 62A, chapter 2, licensure of programs and facilities; or is licensed or certified by the department of health under Utah Code Annotated title 26, chapter 21, healthcare facility licensing and inspection act.

RESIDENTIAL USES: The uses identified in the tables of uses, residential zoning districts.

RESIDENTIAL ZONING DISTRICT/RESIDENTIAL ZONES: The residential agriculture districts, residential estates districts, single- family residential districts, and multiple residential districts.

REVOCATION: An action by a land use authority that has the effect to terminate any approval, permit or license required by the city land use ordinances, including this title.

RIGHT OF WAY: Any area provided for conveying vehicle and pedestrian traffic.

ROOF MOUNTED ANTENNA: An antenna or series of individual antennas mounted on a roof, or roof mounted mechanical equipment of a building or structure.

ROOFLINE: The highest point on any building or structure.

SANITARY SEWER AUTHORITY: The department, agency or public entity with responsibility to review and approve the feasibility of sanitary sewer services or on site wastewater systems.

SENSITIVE LANDS: The following lands:

   (1)   All areas subject to flooding, as identified by the Ivins City sensitive lands map, incorporated herein by reference.

   (2)   All areas of wetlands, as identified by the Ivins City sensitive lands map, or as may be identified by the U.S. army corps of engineers.

   (3)   All areas where the increase or decrease in the elevation of the natural grade is equal to or greater than eight percent (8%) (1 foot of grade change for every 121/2 feet of horizontal run) for a minimum distance of forty feet (40').

   (4)   All areas within one hundred (100) vertical feet of a ridgeline, as identified on the Ivins City ridgelines map, incorporated herein by reference.

   (5)   Habitat conservation plan areas, as identified by the Ivins City sensitive lands map.

   (6)   Areas of lava fields and rock outcroppings with an area of eight thousand (8,000) square feet, or larger, as identified by the Ivins City sensitive lands map.

   (7)   Areas of known geologic hazard, as identified by the Ivins City sensitive lands map, or as may be identified by a county, state or federal agency with authority.

SENSITIVE LANDS DETERMINATION AND INVENTORY: An investigation and necessary analysis required to determine the existence of any sensitive lands on a lot or parcel, complying with the requirements of this title.

SEXUALLY ORIENTED BUSINESS: Businesses as defined by this code.

SIGN: A presentation or representation of words, letters, figures, designs, picture or colors, publicly displayed so as to give notice relative to a person, business, article or merchandise, service, assemblage, 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, A-FRAME: A portable sign, structure or configuration composed of one or two (2) sign faces mounted or attached back to back in such a manner as to form a triangular vertical cross section.

SIGN, ABANDONED: A sign that no longer correctly directs or influences any person, advertises a business, product or activity conducted or available on the premises where such sign is displayed.

SIGN ALTERATION/SIGN MODIFICATION: Any change or rearranging any structural part, sign face, enclosure, lighting, coloring, copy, graphics, component or location of a sign.

SIGN, ANIMATED: A sign with parts or sections which revolve or move or which has flashing or intermittent lights.

SIGN AREA: The area of sign copy enclosed by the smallest square, circle, triangle, rectangle, or combination thereof, that encompasses the extreme limits of text, representation, insignia, logo or other advertising materials. The total of all text, insignia, logo or other advertising or identification materials shall be included in the calculation to determine sign area.

SIGN, BANNER: A sign made of fabric, plastic or other light pliable material.

SIGN, CONFORMING: A sign that meets all provisions of this title.

SIGN, COPY: Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, excluding numerals identifying a street address.

SIGN, DIRECTIONAL: A sign exclusively limited to guiding the circulation of motorists or pedestrians onto or within a site (e.g., direction to parking lots, restroom locations, exits, entrances, etc.).

SIGN, ELECTRONIC MESSAGE: A sign on which the copy is changed electrically and consisting of an array of light sources, panels or disks which are electronically activated and controlled.

SIGN, FLAGS (OFFICIAL): A flag of the United States of America, or a flag of the state of Utah or other government entity, or a flag officially adopted by the person, institution, organization or corporation occupying a building.

SIGN, HAZARDOUS: A sign constituting a hazard to public safety because it no longer meets the lateral and/or vertical load requirements as specified in the city adopted building codes, or no longer meets the wiring and installation standards of the city adopted electrical code.

SIGN HEIGHT: The highest point on the sign structure of any text, insignia, logo, advertising or other site or building identification materials or other message.

SIGN, ILLEGAL: Any sign which does not conform to the requirements of this title and was constructed or installed without the necessary approvals, permits or licenses required by this title, or prior enactments.

SIGN, INFLATABLE: Any advertising or attention getting device that is supported by heated or forced air or lighter than air gases, including hot or cold air balloons.

SIGN, LEGAL: A sign that conforms to the requirements of this title and has received all necessary approvals, permits or licenses, as required by this title, or prior enactments.

SIGN MAINTENANCE: The replacing, repairing or repainting of a portion of a sign structure, periodic changing of bulletin board panels, or renewing of copy that has been made unusable by ordinary wear and tear, weather or accident.

SIGN, MARQUEE: A structure that bears an advertisement and extends outward over the entrance to a building or other structure and is supported by the building or structure.

SIGN, MENU BOARD: A permanent outdoor sign that is used to advertise the product available at a drive-through or drive-in restaurant.

SIGN, MOBILE: A sign constructed on wheels or designed to allow the sign to be moved by vehicles. This includes any truck, trailer or other vehicle conspicuously or regularly parked on or off premises, with an advertising message or logo displayed to attract attention to a business, product or promotion.

SIGN, NAMEPLATE: A sign indicating the name and/or occupation of a person or persons legally occupying the premises.

SIGN, NONCOMPLYING: A sign or sign structure, or portion thereof, lawfully existing at the time the ordinance codified herein became effective, but which does not conform to all applicable requirements now provided by this title.

SIGN, NONMAINTAINED: A sign which, due to lack of repair, cleaning, painting, oiling or changing of light bulbs has become deteriorated, hazardous or nonfunctional.

SIGN, OFF PREMISES: Any sign, including a billboard or general outdoor advertising device, that advertises or directs attention to a business, commodity, service, activity or matter conducted, sold or offered at a location other than on the lot, parcel or tract upon which such sign is located.

SIGN, ON PREMISES: A sign that directs attention to a business, commodity, product, use, service or other activity that is sold, offered or conducted on the lot, parcel or tract upon which such sign is located.

SIGN, OPEN HOUSE: A temporary, off premises sign advertising the sale or lease of property, providing directions thereto, and giving notice of availability for the public to inspect the advertised property.

SIGN, POLITICAL: A sign informing the public of a candidate for elected office.

SIGN, PUBLIC NECESSITY: A sign informing the public of any danger or hazard.

SIGN, REAL ESTATE: A temporary, off premises sign directing the public towards property for sale or lease.

SIGN, ROOF: A sign erected partly or wholly freestanding on the roof of a building and/or extending above the roof line of a building.

SIGN STRUCTURE AREA: The area of the sign structure computed by multiplying the highest point of the sign structure by the longest length of the sign structure.

SIGN STRUCTURE HEIGHT: The height of the permanent, freestanding supporting structure providing the location for a sign. The maximum sign structure height shall be the vertical distance from the highest point of the structure to the lowest point of the average finished grade immediately adjacent to the structure. No ground shall be bermed, or other earthwork provided, that would have the effect to exceed the maximum allowed sign structure height.

SITE PLAN: A schematic, scaled drawing of a lot, parcel or tract which indicates, as may be required by this title, including, but not limited to, 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 use, activity, building or structure.

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.

SLOPE, STEEP: Areas equal to, or greater than, eight percent (8%) (1 foot of elevation change for every 121/2 feet of horizontal run) for a minimum distance of forty feet (40').

SLOPE, VERY STEEP: Areas equal to, or greater than, fifteen percent (15%) (equal to, or greater than, 1 foot of elevation change for every 62/3 feet of horizontal run) for a minimum distance of forty feet (40').

SOLID WASTE DISPOSAL FACILITY: Any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating solid waste.

SPECIAL DISTRICT: An entity established under the authority of Utah Code Annotated title 17A, special districts, as amended.

SPECIAL EXCEPTION: An adjustment to a development requirement and permitted as an exception to the requirements of this title, such adjustment requiring careful review. A special exception may or may not be appropriate depending on the type and location of the primary use.

SPECIFIED PUBLIC UTILITY: An electrical corporation, gas corporation or telephone corporation, as those terms are defined in Utah Code Annotated section 54-2-1, as amended.

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 the date of the commencement of the first development activity on the site.

STORY: The space within a building, included between the surface of any floor and the surface of the ceiling next above.

STREET: A public right of way, including a highway, avenue, boulevard, parkway, road, lane, walk, alley, viaduct, 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: Any land that is divided, resubdivided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots or other division of land for the purpose, whether immediate or future, for offer, sale, lease or development, either on the installment plan or upon any and all other plans, terms and conditions, and as further defined by the act.

SUBDIVISION APPLICATION: The applications required by the Ivins City subdivision ordinance and required to initiate the review procedures for any required subdivision approval.

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 title, or to exercise development rights authorized pursuant to such an approval.

SWIMMING POOL: An artificial body of water having a depth in excess of eighteen inches (18"), designed, constructed and used for swimming, dipping or immersion purposes 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 use allowed for a limited time, not to exceed forty five (45) days, or less, as authorized by a class I use application, after which time the use shall be discontinued. For the purposes of this title, temporary uses include class I uses only.

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

   (1)   Designed for travel, recreational and vacation use; and

   (2)   When factory equipped for the road, having a body width of not more than eight feet (8') and a body length of not more than forty feet (40').

USGS: The United States geological survey.

UNINCORPORATED: The area of Washington County, Utah, and located outside of the incorporated area of Ivins City, or another municipality.

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.

UTILITIES: Include, but are not limited to, natural gas, electric power, cable television, telephone, telecommunication services, storm system, sewer system, irrigation facilities, culinary water, streetlights 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, parcel or tract of land.

VARIANCE: A modification to a development standard with a finding of hardship, as set forth in chapter 27 of this title.

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

VIOLATED OR VIOLATING: There exists reasonable cause to believe that an ordinance, Code, statute or law has been, or is being, broken.

WIRELESS TELECOMMUNICATION FACILITY: A structure consisting of antennas, antenna support structures, or other equipment used to provide personal wireless services as set forth in section 704 of the Telecommunications Act of 1996, as amended.

YARD: An open space on a lot, parcel or tract of land, 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 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 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 and the front line of the building and extending from the side line of the building 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 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 charged with the responsibility for administering and interpreting the provisions of this title.

ZONING DISTRICT: An area of the City that 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 title.

ZONING DISTRICTS MAP: The map, adopted as part of a land use ordinance, including this title, that depicts and identifies the geographic location of the zoning districts provided by this title.

ZONING ORDINANCE: This title of Ivins City, Utah, and as may be amended from time to time. This title is determined and identified to be a land use ordinance of Ivins City, Utah. (Ord. 2005-13, 2005; amd. Ord. 2007-35, 2008; Ord. 2014-05, 2014; Ord. 2016-06, 2016; Ord. 2017-17, 2017; Ord. 2022-04, 2022)