Mantua City Zoning Code

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

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

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

An individual, board, or commission, appointed or employed by the Town, including Town Staff or the Town’s Planning Commission.  Administrative land use authority does not include the Town Council or a member of the Town Council.

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

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

A geographic area created under the authority of §17-41 of Utah State Code (as amended) that is granted specific legal protections.

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

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

A multiple dwelling; see Dwelling, Multi-Family.

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

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

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

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

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

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

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

A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad or utility rights-of-way, shorelines of waterways, or boundary lines of municipalities.

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

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

(See Attached Building.)

Any building or structure separated from another building on the same lot by at least six feet (6').

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

An official document or certificate issued by the Town or governmental authority having jurisdiction, authorizing the construction of any building or structure.  Building permit includes a tie-down permit for a structure or building that does not require a building permit, such as a mobile home, in order to be occupied.

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

The person designated by the Town to enforce the adopted construction codes as enacted by the Town.

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

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

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

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

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

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

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

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

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

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

The submission of a land use application which includes all of the required information requested by the Town on/in the appropriate forms, including full payment of all applicable fees as outlined in the Town’s fee schedule.

A sketch or rough drawing that may be submitted to the Town for informal review prior to the submission of a preliminary plan.  The purpose of the concept plan is to enable an applicant to discuss with relevant representatives of the Town the form of the subdivision plans or plat and the objectives of applicable regulations and requirements for subdivisions within the Town.

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

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

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

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

Lot area covered by a building.

Sand, gravel, or rock aggregate.

Extraction, excavation, processing or reprocessing of critical infrastructure materials.

Critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the Town that existed or was conducted or otherwise engaged in before the Town prohibits, restricts, or otherwise limits the critical infrastructure materials operations and January 1, 2019.

A geographic area created under §17-41 of Utah State Code (as amended) on or after May 14, 2019, that is granted specific legal protections.

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

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.  For the purposes of this title shall be the Town.

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

Any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities; any change in use of a building or structure that creates additional demand and need for public facilities; or any change in the use of land that creates additional demand and need for public facilities.

A written agreement or amendment to a written agreement between the Town and one (1) or more parties that regulates or controls the use or development of a specific area of land.  The development agreement does not include an improvement completion assurance.

Any person, firm, partnership, corporation, or association who causes improvements to be constructed and uses to be changed, or land to be subdivided for themself or others.  This includes a land use applicant for subdivision approval.

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

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

A building arranged or designed to be occupied by two or more families living independently of each other in separate but attached dwellings.

A building arranged or designed to be occupied by only one family; a structure having only one dwelling unit.

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

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

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

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

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

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

The schedule or any appendix of fees adopted periodically by resolution of Town Council setting forth various fees charged by the Town.

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

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

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

The department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property.  For the purposes of this title, means the Mantua Fire Department or upon request and as needed the Box Elder County Fire Marshal's office.

A lot not meeting minimum frontage requirements at the 30-foot setback and where access to the public road and to the buildable portion of the lot is by a private right-of-way or driveway. No new flag lots or panhandle lots shall be permitted within the Town.

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

Land that is within the one hundred (100) year flood plain designated by the Federal Emergency Management Agency (FEMA); or has not been studied or designated by FEMA but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a one hundred (100) year flood plain designed by FEMA.

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

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

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

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

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

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

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

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

A surface fault rupture, shallow groundwater, liquefaction, a landslide, a debris flow, unstable soil, a rock fall, or any other geologic condition that presents a risk to life or of substantial loss of or damage to real property.  May be referred to in this title as “sensitive lands”.

A report submitted with the preliminary plan, prepared by and stamped by a licensed engineer in the State of Utah, practicing in the field of geotechnical engineering, that evaluates the existing soil conditions of the project site prior to new development.  The geotechnical report should include descriptions of generalized site conditions, surface and subsurface conditions and recommendations for site preparation, excavation, grading, structural fill, foundation design, seismic considerations, concrete design, concrete and metal corrosion protection, pavement design, and soil moisture control.  The report may include exhibits and appendices showing a vicinity map, site plan, boring locations, boring lots, test results and any other information used by the geotechnical firm in determining their design recommendations.

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

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

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

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

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

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

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

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

The vertical distance from natural undisturbed grade to the highest point of a roof.

State Highway 89.

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

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

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

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

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

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

A surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by the Town to guarantee the proper completion of landscaping or an infrastructure improvement required as a condition precedent to recording a subdivision plat or development of a commercial, industrial, mixed-use, or multifamily project.

An applicant’s unconditional warranty that the applicant’s installed and accepted landscaping or infrastructure improvement complies with the Town’s written standards for design, materials, and workmanship; and will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period.

A period no later than one (1) year after the Town’s acceptance of required landscaping; or no later than one (1) year after the Town’s acceptance of required infrastructure, unless the Town determines for good cause that a one (1) year period would be inadequate to protect the public health, safety, and welfare; and has substantial evidence on record of prior poor performance by the applicant or that the area upon which the infrastructure will be constructed contains suspect soil and the Town has not otherwise required the applicant to mitigate the suspect soil.

See Lot Improvements or Public Improvements.

Permanent infrastructure that is essential for the public health and safety or that is required for human occupation; and an applicant must install in accordance with public installation and inspection specifications for public improvements and whether the improvement is public or private, as a condition of recording a subdivision plat, obtaining a building permit, or development of a commercial, industrial, mixed-use, condominium, or multifamily project.

The provision of child day care for fewer than four children.

A platted note, platted demarcation, or platted designation that runs with the land and creates a restriction that is enclosed within the perimeter of a lot described on the plat; or designates a development condition that is enclosed within the perimeter of a lot described on the plat.

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

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

A property owner, or the property owner’s designee, who submits a land use application regarding the property owner’s land.  May also be known and referred to in this title as “applicant(s)”.

An application that is required by the Town and submitted by a land use applicant to obtain a land use decision, and does not mean an application to enact, amend, or repeal a land use regulation.  May also be known and referred to in this title as “application(s)”.

A person, board, commission, agency, or body, including the Town Council, designated by the Town Council to act upon a land use application; or if the Town Council has not designated a person, board, commission, agency, or body, the Town Council.

An administrative decision of a land use authority or appeal authority regarding a land use permit or a land use application.  May also be known and referred to in this title as a “decision”.

A permit issued by the land use authority.

A legislative decision enacted by ordinance, law, code, map, resolution, specification, fee, or rule that governs the use or development of land.  Includes the adoption or amendment of a zoning map or the text of the zoning code and does not include a land use decision of the Town Council acting as the land use authority even if the decision is expressed in a resolution or ordinance; or a temporary revision to an engineering specification that does not materially increase a land use applicant's cost of development compared to the existing specification or impact a land use applicant’s use of land.

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

An entity under Limited Purpose Local Government Entities - Local Districts, §17B, of Utah State Code (as amended) and any other governmental or quasi-governmental entity that is not a county, municipality, school district, or the state.

The City or Town of Mantua, Utah.

See Town Attorney.

See Town Engineer.

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

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

A tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the Office of the County Recorder.

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

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

A lot where the front and rear lot lines both front on a street.  See figure provided for “LOT, CORNER”.

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

A lot other than a corner lot.  See figure provided for “LOT, CORNER”.

A relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels in accordance with §10-9a-608 of Utah State Code (as amended) whether or not the lots are located in the same subdivision and with the consent of the owners of record.  Lot line adjustment does not mean a new boundary line that creates an additional lot or constitutes a subdivision.  Lot line adjustment does not include a boundary line adjustment made by the Utah Department of Transportation (UDOT).

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

The property line opposite the front lot line.

Any lot line other than a front or rear lot line.

The horizontal distance between the side lot lines, measured at the required front or rear setback line, whichever is shorter.  See figure provided for “LOT, DEPTH”

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

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

See General Plan.

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

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

A natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successory, assign, affiliate, subsidiary, and related parent company, that, as of January 1, 2019 owns, controls, or manages a mining use under a large mine permit issued by the Division of Oil, Gas, and Mining, and has produced commercial quantities of a mineral deposit from the mining use.

Land where a vesting mining use occurs, including each surface or subsurface land or mineral estate that a mine operator with a vested mining use owns or controls.

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

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

The City or Town of Mantua, Utah.

A permanent survey marker established by a licensed surveyor in the State of Utah and shown on a final plat with State plane coordinates, and/or a survey marker set in accordance with engineering specifications.

An easement that is created or depicted on a plat recorded in the Office of the County Recorder and is described as a municipal utility easement granted for public use; is not a protected utility easement or a public utility easement as defined in §54-3-27 of Utah State Code (as amended); the Town or the Town’s affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, stormwater, or communications or data lines; is used or occupied with the consent of the Town in accordance with an authorized franchise or other agreement; is used or occupied by a specified public utility in accordance with an authorized franchise or other agreement and is located in a utility easement granted for public use; or is described in §10-9a-529 of Utah State Code (as amended) by a specified public utility.

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

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

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

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

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

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

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

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

See General Plan.

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

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

1. Agricultural Open Space. Open lands left undisturbed or dedicated primarily as usable agricultural lands for farming and ranching purposes and intended for use by residents of the development, neighborhood or community.
2. Natural Open Space. Natural, undisturbed areas with little or no improvements or irrigation. This may include such areas as ridgelines, slopes over 30%, wetlands, stream corridors, trail linkages, or visual linkages. These areas may be subject to an open space conservation easement to ensure that they remain undisturbed and to provide public access as deemed appropriate by the Planning Commission;
3. Neighborhood Open Space. Landscaped areas free of buildings, structures, and other substantial improvements, and includes without limitation (a) outdoor swimming pools, swimming pool areas, hard surfaced recreational areas, and other recreational areas that are unenclosed, and fences, canopies, bath houses, and accessory structures for recreation use, whether enclosed or unenclosed; (b) driveways that cross the required yard at approximately right angles and serve fewer than three parking spaces; (c) the ground surface above underground facilities provided it otherwise qualifies as usable open space under the provisions of this section; and (d) pedestrian ways to plazas within a building that are directly oriented to the major pedestrian entrance to the building and are open to view and use by the public; and (e) decks, porches, patios, terraces and steps under 30 inches high provided they are not covered by a portion of a building;
4. Recreational Open Space. Parks and areas of active recreation use including neighborhood or community centers or clubhouses intended for use by residents of the development, neighborhood or community.

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

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

Any real property that is not a lot.

A recorded agreement between owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement in accordance with §10-9a-524 of Utah State Code (as amended), if no additional parcel is created and none of the property identified in the agreement is a lot or the adjustment is to the boundaries of a single person’s parcels.  Parcel boundary adjustment does not mean an adjustment of a parcel boundary line that creates an additional parcel or constitutes a subdivision.  Parcel boundary adjustment does not include a boundary line adjustment made by UDOT.

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

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

A lot used for the temporary parking of automobiles for compensation.

A lot used for the temporary parking of automobiles for compensation.

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

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

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

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

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

A subdivision which is proposed to be completed in designated phases as outlined in the subdivision’s master plan.

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

See - Planning Commission.

See - Community Development Director.

An instrument subdividing property into lots as depicted on a map or other graphic representation of land that a licensed professional land surveyor makes and prepares in accordance with §10-9a-603 or §57-8-13 of Utah State Code (as amended).

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

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

An area that is designated by a Utah Geological Survey map, county geologist map, or other relevant map or report as needing further study to determine the area’s potential for geologic hazard; or has not been studied by the Utah Geological Survey or a county geologist but presents the potential of geologic hazard because the area has characteristics similar to those of a designated geologic hazard area.

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

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

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

That part of a lot which abuts a public or private street or public right-of-way.

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

A hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing.

A meeting that is required to be open to the public under Open and Public Meetings Act, §52-4 of Utah State Code (as amended).

A public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way.

A use operated exclusively by a public body, or quasi-public body, such use having the purpose of serving the public health, safety, or general welfare, and including uses such as public schools, parks, playgrounds, and other recreational facilities, administrative, service facilities, and public utilities.

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

A map of a survey of land prepared in accordance with §10-9a-603 or §57-8-13 of Utah State Code (as amended).

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

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

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

An engineer properly licensed and registered in the State of Utah.

A land surveyor properly licensed and registered in the State of Utah.

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

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

See - Plat Amendment.

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

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

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

A road or a portion of a street with only one vehicular traffic outlet.

The distance between property lines measured at right angles to the centerline of the street.

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

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

The department, agency, or public entity with the responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems.  For the purposes of this title means the Town.

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

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

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

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

Means the same as “geologic hazards” and “potential geological hazard areas” definitions.

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

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

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

Any rental dwelling that is either being established or existing, that does not fit exactly the definition for the other types of rental properties as described in this code and is used as an overnight rental for a single night or multiple days and nights, duration as determined by code. This type of rental will be subject to a town approved business license and/or a conditional use permit. 

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

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

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

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

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

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

Any land that is divided, subdivided, or proposed to be divided into two (2) or more lots 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.  Subdivision includes:

1. The division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
2. Except as provided below, divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes.

Subdivision does not include:

1. A bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel nor the parcel remaining from the division or partition violates an applicable land use ordinance;
2. A boundary line agreement recorded with the Office of the County Recorder between owners of adjoining parcels adjusting the mutual boundary in accordance with §10-9a-524 of Utah State Code (as amended) if no new parcel is created;
3. A recorded document, executed by the owner of record revising the legal descriptions of multiple parcels into one (1) legal description encompassing all such parcels or joining a lot to parcel;
4. A boundary line agreement between owners of adjoining subdivided properties adjusting the mutual lot line boundary in accordance with §10-9a-524 and §10-9a-608 of Utah State Code (as amended) if no new dwelling lot or housing unit will result from the adjustment and the adjustment will not violate any applicable land use ordinance;
5. A bona fide division of land by deed or other instrument if the deed or other instrument states in writing that the division is in anticipation of future land use approvals on the parcel or parcels, does not confer any land use approvals, and has not been approved by the land use authority;
6. A parcel boundary adjustment;
7. A lot line adjustment;
8. A road, street, or highway dedication plat;
9. A deed or easement for a road, street, or highway purpose; or
10. Any other division of land authorized by law

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

An amendment to a recorded subdivision in accordance with §10-9a-608 of Utah State Code (as amended) that vacates all or a portion of the subdivision; alters the outside boundary of the subdivision; changes the number of lots within the subdivision; alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or alters a common area or other common amenity within the subdivision.  Subdivision amendment does not include a lot line adjustment between a single lot and an adjoining lot or parcel that alters the outside boundary of the subdivision.

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

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

Soil that has a high susceptibility for volumetric change, typically clay-rich, having more than a three percent (3%) swell potential, bedrock units with high shrink or swell susceptibility, or gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum commonly associated with dissolution and collapse features.

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

Improvements built and maintained by a sub divider during construction of the subdivision and prior to release of the performance guarantee.

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

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

The Town or City Council of Mantua, Utah.

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

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

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

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

Includes natural gas, electric power, cable television, telephone, storm system, sewer, culinary water and other services deemed to be of a public utility nature by the Town.

A map showing project locations relative to the Town’s boundaries and major or minor roads that serve the property.

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

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

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

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

Means the Town Council or their designated agent who is charged to carry out the administrative responsibilities of this ordinance, ensuring all procedures and other provisions are consistently and equitably applied.